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Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271.   ......unishment, the Review Forum constituted under Article A of the Martial Law Order No.9 for con­sideration of the representations, made a recommendation on 12.10.1992 "for set­ting aside the order of retirement dated 22.05.1982 and for his reinstatement in service maintaining his seniority and con­..

Category: Administrative Law | Date: | Hits: 160

Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

....opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......lsorily retired from the services of the Military Engineering Services. They both preferred cases before the Administrative Tribunal of Bangladesh challenging their orders of dismissal and compulsory retirement. By separate orders the Administrative Tribunal rejected their cases under section 4(3) o..

Category: Administrative Law | Date: | Hits: 187

Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)

....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......erved upon him on 23.4. 85 to which the petitioner replied but the Post Master, Faridpuir Head Office, the respondent No. 1 by his Memo. No. F1‑1/84‑85 dated 22.5.85 passed an order of compulsory retirement of the petitioner from service. 3. Against the said order of compulsory retirement dat..

Category: Administrative Law | Date: | Hits: 182

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..

Category: Constitutional Law | Date: | Hits: 145

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......ners Mrs. Azimunnessa, Md. Azizul Huq and Abdul Hakim Mia (defendant No. 1) retired from that firm by publishing public notice in the newspaper and the Registrar of Firms was given intimation of such retirement and reconstitution of the Firm; that defendant No. 4 as plaintiff No. 1 and suit the defe..

Category: Civil Law | Date: | Hits: 92

Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)

....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dis­missed Ed. This Case is also Reported in: VIII ADC (2011) 181. ...... modified its earlier decision taken on 03.05.1993 in the 437th meeting and in consonance with the BCIC Chakuri Probindhanmala, 1988 that an employee of the Corporation after his death during service/retirements/resignation will be entitled to get lump grant of unearned leave excluding 12 months lea..

Category: Employment/Service Law | Date: | Hits: 90

Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)

.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......e gratuity, which amount the petitioner was to receive under compelling circumstances to defray her medical expenses. The petitioner by letter dated 22.11.88 filed representation against the order of retirement as aforesaid and filed another reminder on 22.2.89 but the respondents did not pay heed t..

Category: Employment/Service Law | Date: | Hits: 88

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......was above him being senior to him. The other officers who had been senior to him had either retired or had been promoted to other posts. Mr. Manindra Kumar Roy also filed an application for voluntary retirement and in that view of the matter, the petitioner claims himself to be the senior most offic..

Category: Employment/Service Law | Date: | Hits: 173

Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

....t the Arbitrator was to be appointed by the Secretary of the Ministry of Commerce accor­ding to the Arbitration clause of the agreement but, according to the plaintiff-respondent, this provision was optional in view of section 20 of the Arbitration Act. The question, therefore, arose whether the le......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......be deemed to have retired from his office on completion of his Annual Term of office. If this is so the respondent No.6, thus not holding the office of the Vice President any more after his automatic retirement, cannot perform the duties of the President in the latter’s absence, as per Article 33 ..

Category: Others | Date: | Hits: 123

Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

..... We have examined the provision of Public Service Retirement Act, 1974 (Act XII of 1974) which deals in Section 4 only with the general retirement provision along with the Provision of Section 9 for optional retirement of the Government employees from the service. Neither there is any provision in ......ion of public importance as to whether a primary school teacher being an employee of the Government is entitled to re-employment on the ground that he has regained health after he obtained an invalid retirement. 2. The petitioner Mohammad Ali, born on 25.1.1956, joined the service of Primary Sch..

Category: Employment/Service Law | Date: | Hits: 70

Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)

....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......r so many years this cannot be said to be a grievance coming within the purview of section 25 of the Standing Orders Act, 1965. He compared the non-payment of benefit of a permanent worker similar to retirement from the service against which no grievance lies. In this connection he has referred to t..

Category: Labour and Industrial Law | Date: | Hits: 140

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......inistry of Law, Government of Pakistan. Even as regards others the holding of two offices simultaneously will lead to confusion for the terms and conditions of the two are different as regards age of retirement, remuneration, pension, etc. The High Court Judge on appointment as Judge of the Supreme ..

Category: Information Technology Law | Date: | Hits: 324

Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)

....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......ions brought against the petitioner was however, enquired into by the District Primary Education Office following which a departmental proceeding was initiated against him. The petitioner's voluntary retirement from the post of the Headmaster of a Government Primary School cannot give him the premi..

Category: Employment/Service Law | Date: | Hits: 81

Abdul Jabbar Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others, 2009, 38 CLC (AD)

....rials on record and hence no interference is called for. Accordingly the application for leave to appeal is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105.......us became the exclusive owner-possessors of the suit land and were enjoying usufructs therefrom through Bargader, since they were in employment at different places, and that the plaintiff No.1 on his retirement, is possessing the suit land and cultivating the same with his own men and that on 9.8.19..

Category: Property Law | Date: | Hits: 81

Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)

....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......proved. 3. The respondent No. 1 contested the Rule and filed affidavit-in-opposition stating, inter alia, that the petitioner, on 30-4-91, retired from BSTI as Director Administration on attaining retirement age of 57 years and so at the time of issuance of the appointing letter dated 31-12-91 (A..

Category: Employment/Service Law | Date: | Hits: 117

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

....ended by the notification dated 20.2.85 and has submitted that part A of the notification is applicable in respect of the foreign currency loan taken by the plaintiff. He has submitted that Part A is optional and the borrower is required to exercise irrevocable option by 1.3.85 but the plain­tiff d......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..

Category: Civil Law | Date: | Hits: 126

State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......ient or guilty of subversive activities, corruption or misconduct, under rules made in that behalf by the President or a Governor be suspended, compulsorily retired (whether he has reached the age of retirement or not) reduced in rank, removed or dismissed in accordance with those rules by an author..

Category: Criminal Law | Date: | Hits: 100

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......n directly to the account-holder by hand instead of sending the same by post. The IBCA vide No.802771 dated 13-10-79 was entered into the relevant Register by accused Ibrahim Hossain Sarker while the retirement/release was made by Mr. Nazmul Islam without verifying the signatures of the concerned of..

Category: Criminal Law | Date: | Hits: 104

Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)

....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......e was paid to the writ petitioner. Respondents implemented the memo No. 4P-5/76/1401/Predated 20th December, 1998 with effect from 9th January, 1980 and the writ petitioner enjoyed the same till his retirement. The respondents most arbitrarily curtailed Tk. 201117.77 from his salary and allowance w..

Category: Employment/Service Law | Date: | Hits: 87