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Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......l No.179 of 1991 under Order 47 rule 1 of the Code of Civil Procedure. 2. The suit was for declaration that the plaintiff was illegally and wrongfully dismissed from his service on 27-1-77 and that he was entitled to be reinstated with full arrear dues up-to-date. The ..Category: Employment/Service Law | Date: | Hits: 83
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......ntry and was absent for more than five years. A departmental proceeding was initiated by the Director General of the aforesaid Institute and by order dated 13-1-1988 the petitioner was removed from service. Against that AT Case No.201 of 1990 was filed by the petitioner which was allowed and the..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......k. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability of at least of the Rules, Regulations, etc. of the bank constituting misconduct warranting removal from service.……..(21, 22 and 27) Cases Referred To- Sonali Bank vs. Ruhul..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......e Act and thereby the auction became absolute under section 25 of the Act. That being so, the revisional authorities under section 53 of the Act could not set aside the sale upon, the ground of non-service of notice under section 7 of the Act which in turn comes in direct conflict with the provis..Category: Civil Law | Date: | Hits: 77
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......d 3.1.2000 in Administrative Tribunal Case No.282 of 1999 rejecting as premature the application filed under section 4(2) of the Administrative Tribunal Act, 1980 for respondent's reinstatement in service as Assistant Director after setting aside the order dated 11.11.1999 putting him under susp..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ...... Rin Adalat under the Ain 15. Let us now examine Articles 115 and 116 of the Constitution which read as follows:- "115. Appointments of persons to offices in the judicial service or as magistrates exercising judicial functions shall be made by the President in accordan..Category: Banking Law | Date: | Hits: 121
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......esh reported in 50 DLR (AD)82. 3. Mr. Aftab Hossain, the learned Advocate-on-Record, has tried to distinguish the facts of the aforesaid cases arguing that the curtailment took place without service of any notice upon the petitioner and respondent No. 2 upon malafide and arbitrary exercise..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
.... property and the same has been wrongly listed was sought, was rejected by the trial court under Order 7, Rule 11 C.P.C being barred under the provisions of Abandoned Building (Supplementary Provisions) Ordinance, 1985 and the High Court Division as well as the Appellate Divi......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... the Respondent No.2. They submitted their reply to the charge. An enquiry was held by an officer of the company and on receipt of the report the employer dismissed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the ..Category: Labour and Industrial Law | Date: | Hits: 110
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority to decide whether a corrupt officer should be retained in service after awarding lesser punishment…………..(7) In awarding higher punishment, it can..Category: Employment/Service Law | Date: | Hits: 70
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......operty is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, as hare of crops, service or any other thing of value, to be rendered periodically for or on specified occasions to th..Category: Tenancy Law | Date: | Hits: 67
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......ations, Ordinance, 1969 hereinafter referred to as I.RO. In the said application respondent Nos. 2-19 stated that they are "workers" within the meaning of section 2 (XXVIII) of the IRO and that their service conditions are controlled by the Factories Act and shops and Establishment Act, 1965, as..Category: Labour and Industrial Law | Date: | Hits: 267
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......Karim Rubber Industries Ltd. has not been terminated by the company itself of which he was an employee but his termination of ad-hoc appointment as administrator by the appellant shall not render his service terminated by Karim Rubbers Industries Ltd………..(4) Case Referred to- Bangladesh S..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......lue the Court shall take into account the average value of the properties of the similar description and with similar advantage in the vicinity during twenty-four months preceding the date of service of the notice under clause (a) of sub-section (4) of this section: Provided further tha..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ourt Division in Writ Petition No. 630 of 1977. 2. The appellant by filing the Writ petition challenged legality of the order dated August 22, 1978 passed by respondent No. 1 dismissing him from service on the ground of misconduct. His case in short is that he joined the service of the then P..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......Service Rules, Rule 147. In the absence of a clear bar against reinstatement the competent authority cannot be said to be devoid of position of power to reinstate an employee who resigned from his service but being repentant sincerely craves for withdrawing his resignation. In such a case the..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......lled the Rules, by the Secretary, Ministry of Commerce. The procedure as laid down in the Rules was followed and the appellant having been found guilty of misconduct was compulsorily retired from service under rule 3(b) and (c) of the Rules. 3. The order of compulsory retirement was challenge..Category: Employment/Service Law | Date: | Hits: 72
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......g Tk. 123,00 from a hotel room occupied by a foreign guest. The Enquiry Committee set up by the Management found her guilty of the charge and recommended for her dismissal. She was dismissed from the service with effect from 7.4.76. 3. The appellant filed a grievance petition on 19.4.76 under sec..Category: Labour and Industrial Law | Date: | Hits: 106
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......tute. Sub-section 96 of the Act reads as under: ''96.(1) If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89, or, if no notice has been served under section 89, wit..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......ed his revisional jurisdiction judiciously. All facts need not be recounted at great length except stating that the plaintiff appellant is the landlord who instituted a suit for ejectment after service of notice to quit under section 106 of the Transfer of Property Act on the defendant-ten..Category: Tenancy Law | Date: | Hits: 69