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Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......ny appeal. 7. It is stated that the petitioner is innocent. He had no involvement in the case and he knew nothing about it. He joined Bangladesh Army on 17-11-70 and retired on 16-11-91. Since his retirement, the petitioner had been living in his village home at Bhadaikandi. At the time of the al..Category: Criminal Law | Date: | Hits: 79
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1....... 317(1) of the Constitution. Construed in the light of this juristic principle, the power of “Appointment” conferred by Article 229(1) includes the power to suspend, dismiss, remove or compulsory retirement from service. In short, in regard to the servants and officers of the High Court, Article..
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......ion, the petitioners had voluntarily retired and had drawn all their benefits and, therefore, it could not be said that the Memos relating to the petitioners were termination in the garb of voluntary retirement. He finally submits that the High Court Division erred in applying the said earlier decis..Category: Employment/Service Law | Date: | Hits: 73
....d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
...... the higher post. In view of Rule 54 of the Chattagram Bandor Kartripakha Karmachari Chakuri Prabidhannamala, 1991, the Public Servants Retirement Act, 1974 so far as it relates to the provisions for retirement and re-employment of public servants will be applicable, which does not provide for termi..
Category: Employment/Service Law | Date: | Hits: 97
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......lowed in many other cases but we are of the view that the principle laid down in that case is not applicable in the present case before us. The principle laid down was in the background of compulsory retirement of Government servant. The Court observed that there was no guideline and, as such, there..Category: Civil Law | Date: | Hits: 79
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......be deducted from his dues. Thereafter, the Ministry of Defence, the respondent, No. 1, by its memo dated 4‑1‑2003 issued an audit to objection certificate (NOC). But still no pension or any other retirement benefit had been paid to the petitioner in spite of his repeated letters although with th..Category: Employment/Service Law | Date: | Hits: 148
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......esh under Article 99(1) of Constitution which runs as follows: "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 p..Category: Constitutional Law | Date: | Hits: 200
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......reinafter referred to as President's Order. 4. The 1st floor of the premises No.25, Larmini Street, Wari, Dhaka was in occupation and possession of Mr. Md. Ibrahim, Special Judge, Dhaka. After the retirement of Mr. Md. Ibrahim, the petitioner shifted to the Ist floor of the said premises after ta..Category: Property Law | Date: | Hits: 75
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......e Dhaka City Corporation. The petitioner, a permanent Nikah Registrar for the renumbered wards, has been discharging his functions as marriage registrar. He states that neither he attained the age of retirement nor his licence has been cancelled or suspended. And his office has not also fallen vacan..
Category: Civil Law | Date: | Hits: 83
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....ade without 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: 45 DLR (HCD) (1993) 666. ......hole or part of any loss caused to the Board by negligence or any other misconduct of the employee; f) withholding of promotion temporally (for a specified period) or permanently; g) compulsory retirement from service; h) removal from service; and i) dismissal from service. The Board ..Category: Employment/Service Law | Date: | Hits: 65
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......k V. Aga Mahomed Jaffer Bindaneem, 21 Indian Appeal 56 and some other decisions. 19. Under Hanafi and the Maliki Law, a presumption of marriage is inferred if the marriage is consummated from the retirement of the husband and the wife into the nuptial chamber, under circumstances which lead to t..Category: Family Law | Date: | Hits: 318
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......my, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the employees of the Academy, wherein the power to impose punishment like discharge, force retirement, termination etc. in respect of the Class III and Class IV employees of the Academy was r..Category: Employment/Service Law | Date: | Hits: 64
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ...... Shamsul Karim Humayun Reza of 157 Bara Moghbazar. He could not say who resides in 157 Bara Moghbazar. He admitted that there is no seal in his passport that he went to India in 1958. He did not take retirement but resigned from the service. He had no service book. He stated that at that time he has..Category: Property Law | Date: | Hits: 100
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......absolute in part. 2. The respective writ petitioners moved the High Court Division challenging the vires of Section 9(2) of the Public Servants (Retirement) Act, 1974 and impugned orders of forced retirement, being violative Articles 27 and 31 of the Constitution, and further praying for a direct..Category: Employment/Service Law | Date: | Hits: 47
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......, Jiban Bima Corporation sent a letter to the writ petitioner dated 19.02.2002 retiring him from service, wrongly computing his date of birth as 30.11.1942. The writ petitioner was compelled to go on retirement with effect from 25.11.1999 and he was also asked to refund the money drawn by him by way..Category: Employment/Service Law | Date: | Hits: 58
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......rt of his contention the learned Advocate has relied upon the case of Dr. Nurul Islam Vs. Bangladesh reported in 1981 BLD (AD) 140. In that case Dr. Nurul Islam challenged the order of his compulsory retirement on the ground that section 9(2) of Public Servants (Retirement) Act 1974 was ultra vires ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ...... his service benefits on some baseless allegations. The Administrative Tribunal by judgment and order dated 3rd March, 2008 allowed the case and directed the petitioners to give him pension and other retirement benefits. Being aggrieved by the said judgment and order the petitioners preferred an app..Category: Administrative Law | Date: | Hits: 206
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......e accused petitioners. It is further submitted that Mostafa Anwar, the principal accused (now deceased) was reinstated in the said company with higher salary. Even the Investigating Officer after his retirement worked in the M/S, Prantil Engineering Co. Ltd. which is the sister organisation of Asadu..Category: Criminal Law | Date: | Hits: 80
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......Commission. 51. Article 99(1) of the Constitution provides that 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 of hold any office of pr..Category: Employment/Service Law | Date: | Hits: 92
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