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The court made a reference to the case of Bangladesh Parjatan Corporation vs. Mofizur Rahman 46 DLR (AD) 46. There, the respondent submitted a prayer for retirement from service, which was granted, relieving him from service with full financial benefits. However, the order was challenged a year later, and it was held that the respondent had acquiesced in the order of retirement and was therefore barred from opposing it. The learned deputy attorney general submitted that because the appellant took the retirement benefits, he relinquished his right, and thus his case is hit by section 115 of the Evidence Act.

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