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Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......68 as such, when he would retire i.e. at the age of 57 years i.e. he would serve more than 13 years at Dainik Songbad and deceased definitely received increments in each year, as such, at the time of retirement, deceased would get Taka 10,000 per month as salary. At the same time, he also earned som..Category: Civil Law | Date: | Hits: 339
....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
..
Category: Employment/Service Law | Date: | Hits: 209
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......ther, who was also a public servant, sometimes used to maintain the big family of the plaintiff. Their father retired from service some time in 1968. Two of the impugned purchases were held after the retirement of their father and two of them are prior to his retirement. It is the further case of th..Category: Property Law | Date: | Hits: 103
AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....rs service in the public interest and in the instant case the Government took the decision to retire the petitioner on sound principles of policy. It is further stated that the petitioner was granted optional retirement under section 9(2) of the Act and the impugned order was passed in public intere......he concealed the period that he was working with the Armed Forces and that his actual period of service is approximately 30 years and that the petitioner was well aware of the fact that his date of retirement would be counted from 1st February, 1976. It has been further stated that the petitioner ..Category: Employment/Service Law | Date: | Hits: 157
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......mittee meeting, the plaintiff was directed to show the legal documents about his date of birth, but the plaintiff was unable to do the same, thus a direction was given to the plaintiff-petitioner for retirement from the service as a teacher and the petitioner signed and agreed and, as such, the noti..Category: Employment/Service Law | Date: | Hits: 158
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......evant time. The contractual retiring age will prima facie be the normal, but it may be displaced by evidence that it is regularly departed from in practice. The evidence may show that the contractual retirement age has been superseded by some definite higher age, and, if so, that will have become th..Category: Employment/Service Law | Date: | Hits: 208
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......sed in F.A. No. 431 of 1968 affirming the judgment of the Subordinate Judge, Dhaka with modification. 2. The plaintiff respondent instituted the suit for declaration that the order of compulsory retirement of the plaintiff vide Notification No.1417-PH dated 5.6.59 are illegal, ultra vires, vo..Category: Employment/Service Law | Date: | Hits: 196
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......ncerned authority before exercising its discretion, has to conform to the principles so provided therein."
But this case is not applicable in the present cases as because that was a case regarding retirement of Government employee and there was no guideline or Rules and the facts are also disting..
Category: Property Law | Date: | Hits: 150
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......the persons who were regarded as impartial and independent personality Chief Justice was put in the first place in the formation of non‑party caretaker Government. A retired Chief Justice after his retirement going out of his office is not likely to influence the judiciary in any manner. Argument ..Category: Constitutional Law | Date: | Hits: 215
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......, we can, in the instant case draw inference of malafide consideration. 58. In Dr. Nurul Isalm Vs. Bangladesh (33 DLR AD 201) the Appellate Division held that plunging the petitioner to compulsory retirement with a view to circumvent earlier High Court Division order (1981 BLD 12) , was vitiated ..Category: Criminal Law | Date: | Hits: 133
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......e) month. Preparation of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218...Category: Employment/Service Law | Date: | Hits: 211
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......the rate of Taka 1350 per month. Petitioner's No.44 having disability at 45% has been receiving at the rate of Taka 6750 though earlier he had received Taka 2004 per month. The petitioner No.66 after retirement from government service is drawing pension and he is known as rehabilitated disabled free..Category: Others | Date: | Hits: 149
....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......eeding are as follows:
The appellant was holding a civil post in the services of the Republic as a Civil Engineer. He completed his 55 years of age on 31.1.73. He applied for leave preparatory to retirement in December, 1972 and while he was awaiting for the result of the application, he receive..
Category: Employment/Service Law | Date: | Hits: 107
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ue of goods and this charge shall be collected as if it were a customs duty leviable under section 18(1)." 29. It may be mentioned that acceptance of the certificate issued by the PSI agencies was optional fir the customs authority and that the matter of getting imported goods verified and certif......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......uppressed the fact of giving statement to police. In cross-examination by defense, he stated that none of the accused had ever kept key of the godown. At one stage he admitted that he was given force retirement because of non-submission of fortnightly report. 16. P.W.11 Zafar Ahmed, one of the In..Category: Criminal Law | Date: | Hits: 61
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......eported in 2001 BLD (AD) 41 = 53 DLR (AD) 41. In the case referred to above the Appellate Division has held that the period of absence of Government servant on reinstatement in service after wrongful retirement shall be treated as a period spent on duty and he will be entitled to pay and allowances ..
Category: Criminal Law | Date: | Hits: 83
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......duction from salary, against commutation of pension, is equally applicable to the Chief Election Commissioner and other Election Commissioners. It is stated that the members of the Civil Service upon retirement, is entitled to net pension for life after surrender of half of their gross pensions but ..
Category: Employment/Service Law | Date: | Hits: 99
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......ot be governed by the Bangladesh Biman Corporation Employees (Service) Regulations, 1979 and absorbed as such in the service of Biman from the dates of their respective appointments entitling them to retirement and others benefits in line with those of the permanent Biman employees working in BFCC a..Category: Employment/Service Law | Date: | Hits: 145
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......51 of the Waqfs Ordinance. Section 51 reacts as under: “51. No Notifications of changes in enrolled Waqfs.- (1) In the case of any change in the management of an enrolled waqf due to the death retirement or removal of the mutwalli, the prospective mutwalli who is eligible or who considers him..Category: Trust/Waqf Law | Date: | Hits: 188
....f the claims, and other for acceptance or rejection of the claims and the third for the payment of adjusted claims. There is no other clause in the agreement which makes these stipulated times either optional or permissive. We, therefore, find that the High Court was perfectly justified in holding t...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
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