Section 73
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Contract Act
Section 73
Article 102 of the Constitution of the People’s Republic of Bangladesh
We are led to hold that for breach of any of the terms and conditions of
the contract in the present case before us, say for example, clause 14 of
Annexure-‘C’ to the Writ Petition, the remedy of the petitioner lies in
a properly constituted suit in the competent Civil Court for damages under
section 73 of the Contract Act. So it necessarily follows that the writ
jurisdiction of the High Court Division under Article 102 of the
Constitution is not available to him. ...Md. Mahbubur Rahman Vs. Bangladesh
and Others, (Civil), 10 SCOB [2018] HCD 104
The facts and circumstances of the case irresistibly lead us to uphold the
contention of the contesting respondents that the petitioner was governed
by the Rule of Master and Servant. As such the Board of Governors, that is
to say, the master had the authority to terminate the petitioner (servant)
at any time even before his attainment of 60 years of age as contemplated
by clause 14. This is because no servant can be forced upon an unwilling
master, for whatever reason it is. ...Md. Mahbubur Rahman Vs. Bangladesh
and Others, (Civil), 10 SCOB [2018] HCD 104
It is a truism that no servant is entitled to any prior show cause notice
in case of his dismissal, removal, termination etc. by his master. Had the
Rule of Master and Servant not been applicable to the case of the
petitioner, in that event, he would have been entitled to a prior show
cause notice. As the relationship between the petitioner and the Board of
Governors of the PDBF was regulated by the Master and Servant Rule, we
opine that the Board of Governors did not commit any illegality in
terminating the petitioner from the post of the MD without any prior show
cause notice. ...Md. Mahbubur Rahman Vs. Bangladesh and Others, (Civil), 10
SCOB [2018] HCD 104
....View Full Judgment
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Md. Mahbubur Rahman Vs. Bangladesh and Others |
10 SCOB [2018] HCD 104 |