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GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....88 passed by the Chairman, Labour Court, Chittagong Division in IRO case Nos. 59 and 63 of 1986 allowing both the IRO cases. 2. Respondent Nos. 2-4 of CA No. 41 of 1995, permanent workers (clerical) or the appellant company, filed JO Case No. 59 of 1986 before the Chairman, Labour Court......ers ……………Respondents Judgment February 14, 1999. The Shops and Establishments Act,1965 (XXVIII of 1965) Sections 8 & 9. The Factories Act, 1965 (VI of 1965), section 58 Section 8 merely prescribes the maximum number of h......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......enancy Act, 1951 (XXVIII of 1951), Sections 95 & 95A The Code of Civil Procedure, 1908 (V of 1908), Order XXI, rule 34 The President’s Order No. 88 of 1972 created special forum for restoration of mortgaged property. But it did not take away right of redemption available ......nce, has been made behind their back and when they came to know of this they confronted the seller who admitted that this has been subsequently inserted. But he has not done anything to correct the mistake saying that the property has already been sold to the defendant and, as such, he need not ..Category: Property Law | Date: | Hits: 64
....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.” (emphasis added).
10. ......e Court
Appellate Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Karnaphuli Paper Mills Workers Union………………….Appellant
Vs.
Karnaphuli Paper Mills Ltd. Employees Union ......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
..
Category: Labour and Industrial Law | Date: | Hits: 163
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......us Samad were not placed on T I parade immediately after their arrest and so is the case with Fatu alias Atowar Hossain. So this T I parade has become doubtful on two counts, firstly there is an inordinate delay in holding T I parade and secondly there was chance for PW 1 to see the accused pers......by name, secondly he must not have had any opportunity to see the accused after the occurrence in connection with which he is put up for identification and thirdly the identifying witness makes no mistake, except to a most negligible character, in the matter of identification. If the accused was..Category: Criminal Law | Date: | Hits: 92
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......ifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment November 21s......s obtained a photocopy of the original writing of deposition by hand by the trial Court. It has been written in the deposition-sheet that MV Arcadia came to Bangladesh. He submits that there was a mistake in the paper book both in the High Court Division and before this Court and as a result the..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....already expressed our disapproval. 9. Now the question is whether non-inclusion of the appellants’ names as parties to the Suit could reasonably be taken by the trial Court as a clerical mistake or an error arising from any accidental slip or omission which should have been co......1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the court to make them parties in the l......xpressed our disapproval. 9. Now the question is whether non-inclusion of the appellants’ names as parties to the Suit could reasonably be taken by the trial Court as a clerical mistake or an error arising from any accidental slip or omission which should have been corrected ..Category: Property Law | Date: | Hits: 88
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......……...Respondents Judgment August 19, 1997. The Constitution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case.......led on behalf of respondent No. 1 which states that in prayer (B) of the writ petition, the respondent meant to pray for release of the goods on payment of Yellow Book Value, but owing to a typing mistake the words “invoice value” were inserted in prayer (B). Respondent No. 1 is now ..Category: Criminal Law | Date: | Hits: 119
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......of 1938), Section 47B The Code of Civil Procedure, 1908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stor......s no restoration in the eye of law. The plaintiff appellant is entitled to the statutory interest under section 47B of the Insurance Act 1938 and the High Court Division not granting the same met a mistake. Thus, judgment of the trial court granting the relief be restored. ……&hellip..Category: Business or Commercial Law | Date: | Hits: 147
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......titution of Bangladesh, 1972, Article 109 The Code of Civil Procedure, 1908 (V of 1908), Section 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not available……..(7) Case Referred to...... on 29-3-1994. Then again the case was fixed for further argument on 9-5-1994. One day prior to that the respondent filed an application for recalling PW 1 again to prove certain documents as through mistake certain valuable documents relating to loan had not been proved. The learned Judge of Artha ..Category: Business or Commercial Law | Date: | Hits: 148
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......08 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure of justice, review petition should......eof must be subject to the rules of the same and cannot be lightly entertained. A review of a judgment is a serious step and reluctant resort to it is proper only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility. A mere repetition, throu..Category: Property Law | Date: | Hits: 97
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