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Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136......./WDB/Discipline/See-3/Complaint (ka)20/93 dated 5-12-95 (Annexure-N) Memo No.192/WDB/Discipline/Sec-Complaint (ka) 20/95 dated 28-5-97 (Annexure-R) issued by the respondent No. 5 regarding compulsory retirement from service of the petitioner (Annexure-N) should not be declared to have been made with..

Category: Employment/Service Law | Date: | Hits: 72

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......n Crew will be made on contract basis initially for 5 years and thereafter may be renewed on 3 years basis provided his or her performance is satisfactory and extension will be permissible subject to retirement age as fixed for Cabin Crew by Regulation 11 of the Bangladesh Biman Services Regulation...

Category: Employment/Service Law | Date: | Hits: 113

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ction is held annually to fill up the vacancies thus caused. The qualification to become a general member of the Chamber of Commerce is to have a trade licence and to be an income-tax payee. Upon the retirement of one-third members of the Board of Directors the Chamber of Commerce announced an elect..

Category: Company Law | Date: | Hits: 198

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ...... 22. He was appointed by the invitation from the Government. It was within the reasonable contemplation and expectation, the tenure of dignified post would be attained until the age of 65 (as the retirement age was then). Before taking oath on 22-2-01 he had to resign from the post of Secretary,..

Category: Constitutional Law | Date: | Hits: 252

Government of Bangladesh and others Vs. Md. Alauddin, 2010, 39 CLC (AD)

....of compul­sory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641.......m Mondol, the learned Deputy Attorney General, tries to assail the judgment passed by the Administrative Appellate Tribunal but without success. 5. It appears that the impugned order of compulsory retirement of the respondent was passed without supplying a copy of the enquiry report. As such, the..

Category: Administrative Law | Date: | Hits: 201

Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)

....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......inistrative Appellate Tribunal and other papers on record. 7. It appears that the Administrative Appellate Tribunal took a lenient view and modified the impugned order of dismissal into compulsory retirement of the respondent and allowed him to get the arrear benefits. 8. It further appears th..

Category: Administrative Law | Date: | Hits: 258

Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474....... by the Appellate Tribunal allowing the appeal, in part, on contest, setting aside the judgment passed by the Tribunal reinstating the petitioner vide judgment and order dated 05.07.2009 and ordering retirement of the petitioner from service compulsorily with effect from 07.08.2008 with the retireme..

Category: Administrative Law | Date: | Hits: 192

Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)

....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......h of the respondent No.2 was 20-1-42 and directed the petitioner-company to retain him in service treating his date of birth as 20-1-42. However, the petitioner-company had passed the formal order of retirement on 29-6-93 which took effect on 30-6-93 i.e. before impugned judgment and order passed by..

Category: Labour and Industrial Law | Date: | Hits: 117

Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)

....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......tors is not valid. It was merely a ratification of the appointment of alternate directors by the Annual General Meeting which had no authority to make such an appointment, in the circumstances by the retirement and the re-election of the original directors at the 5th Annual General Meeting the alter..

Category: Company Law | Date: | Hits: 208

Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)

.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......respondents to show cause as to why Memo No. ৫৬/ পাউবো/শৃং/শা-৩/অভি(ক) ২০/৯৩ dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful auth..

Category: Employment/Service Law | Date: | Hits: 76

Md. Alamgir Hossain and others Vs. Bangladesh Bank, repre­sented by the Governor and others, 2009, 38 CLC (AD)

.... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ...... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ..

Category: Administrative Law | Date: | Hits: 215

AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)

....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ...... 7. Now, the question calls for consideration is, whether the impugned order was passed by the respondent No. 3 in accordance with law. 8. We find from the record that the petitioner, after retirement from the post of DIG Police), was employed further in the same post on 11-3-2001, on a c..

Category: Employment/Service Law | Date: | Hits: 76

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......n in the post of Deputy Superintendent of Police (DSP). The petitioner was finally promoted to the rank of Superintendent on 28‑2‑84 On 29‑2‑2000 when the petitioner went on leave preparatory retirement, he was posted as the Commanding Officer of the 9th Armed Police Battalion, Khulna. The p..

Category: Anti-Corruption Laws | Date: | Hits: 138

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

.... expediti­ously. Communicate a copy of the judgment imme­diately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ......ition No. 571 of 1979. This, according to the appellant's Counsel, constituted what is known as 'malice in law'. The contention has substance thus leading to the conclusion that the impugned order of retirement is not justified." 31. In the case of Mansurul Aziz & another vs. Secretary, Minis..

Category: Employment/Service Law | Date: | Hits: 134

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......buted to the judiciary. By his various thoughtful judgments he has enriched the field of judiciary. His contribution is recognised by all and as a result of that within a very short time after his retirement he was appointed as a member of the Law Reforms Commission (hereinafter called "the Comm..

Category: Criminal Law | Date: | Hits: 130

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......along PS District Shariatpur consisting of eleven (11) Unions including the curtailed areas and being appointed as Kazi under Kazis Act of 1880 (Act XII of 1880) was entitled to act as such until his retirement or removal upon cancellation of the licence resulting in vacancy of the office. 45. Th..

Category: Constitutional Law | Date: | Hits: 109

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ......hief Justice of India came up for consideration in the case of PI Sakhanpal Vs. AN Roy Chief Justice of India reported in AIR 1975 Delhi 66 (FB). Before 1973, the convention in India was that on the retirement of the Chief Justice of India the next senior-most Judge of the Supreme Court was appoint..

Category: Constitutional Law | Date: | Hits: 126

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ......e will most sparingly exercise; as we ourselves have an interest in the matter as quoted earlier.” In Vishwanath Vs. ES Venkatramaih, 1990 CrLJ 2179 (Bombay HC),on 17-12-89 on the eve of his retirement, in an interview to the noted journalist Sree Kuldeep Nayar, Mr. Justice Venkatramaih, C..

Category: Criminal Law | Date: | Hits: 49

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ...... been paying rents and municipal taxes, etc. regularly. That the petitioner was Government Service holder and served as Ward Master of Rajarbag Police Hospital, Dhaka since 1956 continuously till his retirement on 14- 01.92. That there is no reason to include the building of the petitioner as abando..

Category: Property Law | Date: | Hits: 18

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......e or not in this case, the learned Advocate on record submitted that the High Court Division, committed an error of law in affirming the judgment and order of the labour court and failed to note that retirement is not covered in section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 196..

Category: Labour and Industrial Law | Date: | Hits: 110