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....falling within the definition of employer who is employed in an establishment or industry for hire or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any pro......LR (HCD) (1993) 357.......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357...
Category: Labour and Industrial Law | Date: | Hits: 124
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......others…………..Opposite Parties Judgment April 1, 1993. Case Referred To- Secretary, Ministry of Food Vs. M/s. MF Limited, 44 DLR (AD) 166. Lawyers Involved: Shahabuddin Ahmad for Nizamuddin Haider, Advocates ‑ For the Petitioner. Abdur Rahman with Syed Golam Motafa, Advo......n was served on die other side on 21.11.85 and Nazmul Huda filed a written objection to the petition on 23.11.85 disclosing that "the petitioner filed this Misc. Case through his attorney. But due to mistake by oversight of the lawyer at the time of draft of the petition it was not written that Jaga..Category: Procedural Law | Date: | Hits: 77
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......hna Mondal ……………..Petitioner Vs. Chairman, Labour Court and others……………….Respondents Judgment August 7, 1991. Lawyers Involved: Md. Abdul Wahab, Advocate ‑ For the Petitioner. Tufailur Rahman, Advocate ‑ For the Respondents. Writ Petition No.22 of 1......ide the order of dismissal. 6. Mr. Wahab, learned Advocate, submits that as there was huge number of employees to whom the disbursements were made it was difficult for the petitioner to detect the mistake and as soon the petitioner came to know about the mistake he instantly deposited the same wi..Category: Labour and Industrial Law | Date: | Hits: 115
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......) 41; Abdul Majid Vs. Nabiruddi, 22 DLR 360; Abdur Rashid Vs. Abdus Samad, 33 DLR 260; Kazi A. Khaleque Vs. Kazi Fadur Rahman and others. Lawyers Involved: Syed J R Modassir Hossain, Deputy Attorney General with Fazlul Hoque Assistant Attorney General ‑ For the Petitioner. JN Dev with Na......t purported to be granted by a landlord in favour of a certain person is genuine and what has been written in such a rent receipt are true. The learned Judges of the High Court have apparently made a mistake in taking the view that as soon as the rent receipts have been proved the primary onus of th..Category: Property Law | Date: | Hits: 96
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......r as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......sea, each party is to blame for the collision which is the result of the continued negligence of both. (v) If the negligent act of one party is such as to cause the other party to make a negligent mistake that he would not otherwise have made, then both are equally to blame. "In my judgment th..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......¦â€¦â€¦........................Petitioners Vs. Md. Yousuf Kabir and another………………………….... Respondents Order March 14, 2011. Lawyers Involved: Mahmudul Islam, Senior Advocate with Abdul Quayum, senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Recor......icate Case No.660 of 1952-53 while exhibits 2 and 2(Ka) show that cerÂtificate case was filed by R.L. Government Acquired Estate against the provision of Section 4 of Public Demand Recovery Act is a mistake apparent on the face of record and in the circumstances, judgment dated 06.05.2010 calls for..Category: Property Law | Date: | Hits: 72
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......anik and others Vs. Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun Singh Vs. Monindra Kumar, AIR 1964, 993; Bashir Begum Vs. Mian Abdul Rahman, PLD 1963 (WP) Lahore 408; Sher Muhammad and others Vs. Khuda Bux and another, PLD 1961 (Lab.) 579: AR lyer and others...... officio after the delivery of the judgment in the revision case on merit. On the other hand, the learned Counsel for the petitioner submits that on the face of the record there appears to be glaring mistake which has occasioned miscarriage of justice because the petitioner got no opportunity to app..Category: Property Law | Date: | Hits: 90
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......karaju Venkata Suhba Rao, AIR 1953 (Madras) 456; Radhakrishna Hazra Vs. Joykrishna Hazra, AIR 1967 (Cal) 204; Babu Fazal Haq and another Vs. Lala Data Ram and another, AIR 1975 (Allahabad) 373; Thalkoor Chunder Femmanick Vs. Ramdhone Bhattacharjec, (1866) 6 WR 228 (FB); Lala Beniram Vs. Kundaklal, 2......Vs. Dyson (1965) 1 HL, 129, a case by the landlord and tenant, it has been laid down by the House of Lords that if a stranger builds supposing the land to be his own and the real owner perceiving the mistake, of the former knows at the time of the expenditure that the land belongs to him and stands ..Category: Property Law | Date: | Hits: 110
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614....... Cases Referred to- 10 DLR (SC) 29; 33 DLR 203; 35 DLR 127; 41 DLR 274; 12 DLR 100; 12 DLR 90 & 21 DLR (AD) 311. Lawyers Involved: Serajul Huq with Bazlur Rahman Chhana, Advocates ‑ For the Appellant. AKM Shamsul Karim Assistant Attorney General ‑ For the State. Criminal App......leged offence is undoubtedly a serious offence affecting the pecuniary interest of the country and its people. So, the accused cannot be allowed to go scot free merely because of a technical fault or mistake of the Judge concerned. Of course, the sentence of a little over three and half years of imp..Category: Criminal Law | Date: | Hits: 52
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..............................................Petitioner Vs. Moulvibazar Pourashava and others...............Opposite Party. Judgment December 3, 1990. Case Referred to- Dacca Match Factory Ltd. Vs. Bangladesh Match Co. Ltd, 30 DLR (HC) page 244 para 8; Mansur Ahmed Vs. Kalipada Chatio......matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to ..Category: Trust/Waqf Law | Date: | Hits: 181
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ...... Atash Ali and others..............................Petitioners Vs. Rebati Mohan Sarker and 3 others..........Opposite Parties. Judgment April 19, 1990. Cases Referred to- Trading Corporation of Bangladesh and others Vs. Syed Sajeduzzman, 40 DLR (AD) 406; Rafiqul Islam Vs. A. Kala...... C.P.C. 4. Mr. Miah Abdul Gafur does not dispute the principle of law. But in the farts of the present case, the learned Advocate submits that the Court has sufficient authority to rectify its own mistake by exercise of its inherent power under section 151 C.P.C. On reference to the order impugne..Category: Civil Law | Date: | Hits: 93
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......s, 15 DLR 628; Sadak Ali Vs. Surju Ali & others, 7 DLR 94; Lala Hem Chand Vs. Laid Pearey Lal and others, AIR 1942 (PC) 64. Lawyers Involved: Md. Shahjahan with SM Amin Azhar, Advocates ‑For the Appellants. Akram Hossain, Amin with Abdul Mannan Khan ‑For the Respondents. Appeal f......e Limitation Act. In support of his contention, he has cited a decision in the case of Sadak Ali Vs. Surju Ali & others reported in 7 DLR 94, wherein it has been held that: "Possession under a mistake or invalid title is as effective as that of a trespasser, and, if sufficient in the length o..Category: Property Law | Date: | Hits: 71
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....orney‑General appearing for Bangladesh, submits that although the award was made on 28.5.85 appellant Bangladesh filed an application under section 152 of the Code of Civil Procedure for correcting clerical error in the award and accordingly the award was corrected on 10.3.90 and thereafter the co......others....................Respondent Judgment October 29, 1992. Cases Referred To- Ishaque Vs. Bangladesh, 43 DLR (AD) 28; Abdul Gafur Khan and another Vs. Government of Bangladesh & ors., 42 DLR (AD) 99; Pearlman Vs. Keepers and Governors of Harrow School, All England Law Report Vo......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ..Category: Property Law | Date: | Hits: 76
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....hÂments Act, 1965, defines "Commercial Establishment" as an establishment in which the business or advertising, commission or forwarding is conducted, or which is a commercial agency, and includes a clerical department of a factory or of any industrial or commercial undertaking, the office establis......ll India Bank Employees Association Vs. The National Industrial Tribunal (Bank Disputes) Bombay, AIR 1962 (SC) page 171. Lawyers Involved: Khan Saifur Rahman with AKM Zahirul Huq, Advocates ‑For the Petitioners. Giasuddin Ahmed, Advocate ‑ For the Respondents. Writ Petition No.1903 ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......81; Hakeem Syed Mohammad Taqui Vs. Fatch Bahadur Singh, AIR 1929 Pat. 565 (FB); Ram Saran Vs. Prithevi Nath Singh, AIR 1952 Patna 267; AIR 1947 Bombay 480; Arjuda Prosad Vs. Shain Sundar, AIR 1947 Lahore 13 (FB); AIR 1923 Lahore 560. Lawyers Involved: Abdul Mannan, Advocate ‑For the Petitio......btor could not have moved this Court for the redress of his grievance, if any, in accordance with law." In spite of the fact that a copy of the said judgment was before the executing Court again same mistake was committed by the executing Court in nullifying the judgment of this Court upon written o..Category: Civil Law | Date: | Hits: 103
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......e Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Abdul Khaleque Sarder being dead his heirs:-Noor Mohammad Sarder and others ............................................................................gor Ali Morol, Abu Bakkar Morol, Zahurul Haque Morol, Abdul Alek Morol, Jabbar Sarder on 26.06.1965 and possession was delivÂered on 09.03.1966. 3. In the writ of possession due to the clerÂical mistake mouza Koira was written instead of mouza Madinabad and the same mistake was subsequently cor..Category: Property Law | Date: | Hits: 69
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......nsar Ali J Arshad Ali……………………Petitioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ For......e in his absence and thereafter he instituted the Miscellaneous Case under Order 9 rule 13 of the Code of Civil Procedure on 28.11.81. It appears that he stated while deposing in cross examination by mistake that he received the summons but at once he corrected himself saying that he did not receive..Category: Procedural Law | Date: | Hits: 94
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......February 15, 1990. Cases Referred to- Zeheda Bewa and another Vs. The State, 37 DLR at page 66; AIR 1936 Privy Council at page 253. Lawyers Involved: Lutfur Rahman Mondal, Advocate ‑ For the Petitioner. Not represented-the Opposite Party. Criminal Revision No. 243 of 1986. J......atement recorded in a plain paper without a memorandum as required under section 164 Cr.P.C. and contained no signature of the accused or of the maker and rightly it was held that those are incurable mistakes and the illegality cannot be cured by calling in the Magistrate as a witness as there exist..Category: Criminal Law | Date: | Hits: 74
....formance of contract is dismissed.
There will, however, be no order as to costs. Let the lower Court's records be sent down immediately.
Ed.
This Case is also Reported in: 43 DLR (1991) 256.
......Reported in: 43 DLR (1991) 256.
......eed to be sold to the plaintiff company. No other properties except the properties mentioned in the schedule of the agreement were contemplated to be sold. The letter Ext. 4 was issued by him through mistake and said mistake was corrected and rectified vide letters Exts. A and B. The properties ment..
Category: Property Law | Date: | Hits: 73
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229........ Judgment April 9, 1990. Case Referred to- AFM Shah Alam Vs. Mujibul Huq and others, 1989 BLD (AD) 78=41 DLR (AD) 68. Lawyers Involved: Subrata Chowdhury with MA Zahed, Advocates For the Petitioner. QA Hossain, Assistant Attorney‑General ‑For the Respondents. Writ Petit......fictitious name of "Azimuddin" in place of his name at serial no. 148 of the male Electoral Roll of village Darikandi, Union Parishad Narayanpur, Upazila Belabo, District Narsingdi and to correct the mistake, if any according to the draft voter's list for the said area. 2. Section 15 of the Elect..Category: Election Law | Date: | Hits: 112
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