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....cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......d this Rule calling upon the respondents to show cause as to why the impugned order vide Memo No.PJM/Proshason/3/25/621 dated 1.12.2005 passed by the respondent No.4 directing the petitioner to go on retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have..
Category: Criminal Law | Date: | Hits: 143
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......ment Board on 15.12.1961 as Regulator Khalashi and on attaining the age of 57 years on 5.1.1996 he retired from service and defendant No.4 issued a letter for treating him as an irregular employee on retirement and the plaintiff has enjoyed all the service benefits as permanent employee while he was..
Category: Employment/Service Law | Date: | Hits: 166
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
...... - In an application under Article 102(2)(a)(ii) of the Constitution this Rule at the instance of the petitioners was issued calling upon the respondents to show cause as to why the impugned order of retirement dated 18-3-2007 giving retrospective effect from 12-3-2007 as evidenced in Annexure-F to ..
Category: Administrative Law | Date: | Hits: 494
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......untry as well as in the foreign countries, and therefore it could not be the intention of the authority to allow the experts to leave the Legislative Drafting Wing at any point of time prior to their retirement and thereby not to lose the service of such experts and accordingly the apex post was cre..Category: Constitutional Law | Date: | Hits: 361
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......bmits that the plaintiffs petitioners are entitled to get decree. 7. Mr. Khair Ezaz Masud, the learned Advocate for the opposite parties, on the other hand, submits that Sultan Mahmud after his retirement fell ill and the plaintiff No.1 collusively created the deed dated 8-5-1971; that Sultan ..Category: Procedural Law | Date: | Hits: 110
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......ng the assertions made in the writ petition and stating that the petitioner was given additional charge to perform as Nikah Registrar on temporary basis for Ward No.53, due to vacancy occurred on the retirement of Nikah Registrar of that Ward, pursuant to Rule 5(1) of Muslim Marriages and Divorces (..Category: Civil Law | Date: | Hits: 130
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......ts being subordinate in rank to the Chief Conservator of Forests cannot, as a designated officer, exercise the power of the appointing authority, namely, the power to impose a penalty of compulsory retirement. Even if it were shown that the circular was passed by the consent of the President then ..Category: Employment/Service Law | Date: | Hits: 166
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ...... He further submits that the petitioner was a government employee and served as Sanitary Inspector and he had no knowledge about the pre-emption proceedings at the time of deed of exchange, who after retirement of his service built a one-storied residential house with five-storied foundation over th..Category: Property Law | Date: | Hits: 117
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....9.10.1989 the same is discharged. There will be no order as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......udgment Kazi Ebadul Hoque J.- These two Rules have been issued at the instance of the petitioner against the respondents calling in question the order of his suspension date 26.6.88 and compulsory retirement from service dated 19.10.89 respectively. Parties in both the Rules being almost same the..Category: Employment/Service Law | Date: | Hits: 231
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ...... British Airways. It was followed by a telex from Bangladesh Air Service Ltd. to the British Airways proposing the name of Mr. Justice Abdul Wadud Chowdhury as the arbitrator in the vacancy caused by retirement of Mr. Justice Khan with a request to concur in the appointment within seven days. The Br..Category: Alternative Dispute Resolution | Date: | Hits: 304
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ....... The Article 99 of the Constitution runs as follows:- "99. (1) Except as provided in clause (2), a person who has held office as a Judge otherwise than as an Additional Judge shall not, after his retirement or removal therefrom, plead or act before any Court or authority or hold any office of pr..Category: Constitutional Law | Date: | Hits: 228
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......ior to the petitioner and/or are not more qualified or experienced than the petitioner, but only the petitioner has been terminated just 1(one) year and 9(nine) months before his leave preparatory to retirement (LPR) from the Corporation on the mere excuse that the service of the petitioner was no l..Category: Employment/Service Law | Date: | Hits: 156
....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”.
Gobinda Chandra Tagore J. - I agree
This Case is also Reported in:
......se the said action was taken with a malicious intent.
56. In Protap Singh Vs. Punjab AIR 1964 SC 72 the Supreme Court of India quashed the government action, forcing a civil surgeon to compulsory retirement, on the ground that the said action was taken at the instance of the Chief Minister who w..
Category: Administrative Law | Date: | Hits: 371
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539.......impugned order which is annexed to the petition and marked as Annexure‑E It has been submitted by the petitioner that he was neither served with any show cause notice as to his fault for his forced retirement from headmanship nor he was given chance of being heard as to any allegation against him...Category: Others | Date: | Hits: 171
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......an Corporation Employees (Service) Regulation, 1979 was in force. On February 5, 1995 Regulation No.11 of the said Regulations was substituted and according to the substituted Regulation No.11 age of retirement of the Flight Stewardess was fixed at 35 years reducing from 57 years, while the age of F..Category: Employment/Service Law | Date: | Hits: 361
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......rement Act, 1974) because we find from the appointment letter itself that the petitioner was appointed as a teacher in Adamjee High School and he was serving as such till the issuance of the order of retirement. So, he is not an employee like other employees of the Adamjee Jute Mills Ltd. Since he i..Category: Labour and Industrial Law | Date: | Hits: 184
....issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......vided by his employer who has been retrenched, discharged, dismissed or whose services has been terminated, shall vacate such residential accommodation within a period of 15 days from the date of his retirement, discharge, dismissal or termination of his service, as the case may be, unless a case in..
Category: Labour and Industrial Law | Date: | Hits: 176
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471....... thereafter he joined the military service in commissioned rank in the year 1971 and thereafter was promoted to the post of major in the year 1975. He retired from the Military service in 1982. After retirement he was enlisted as a Class-I contractor under the MIES (Military Engineering Service). Si..Category: Criminal Law | Date: | Hits: 132
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......good law for a person in the service of Republic which strongly observed as follows: "46. Appellant in Civil Appeal No.35 of 1987 contended that when he challenged the impugned order of compulsory retirement on the ground of violation of fundamental rights guaranteed under Article 27 and 29 of th..Category: Administrative Law | Date: | Hits: 421
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......vided that the following penalties may be imposed upon a member under this Ordinance, namely:-
a) dismissal from service;
b) removal from service;
c) discharge from service;
d) compulsory retirement; and
e) reduction to lower rank.
Therefore discharge from service also became a mod..
Category: Others | Date: | Hits: 167
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