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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 or employment be expressed or implied, and for the purpose of any pr......ar Parikalpana Samity Karmachari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & ors.; Cholera Research Laboratory Vs. First Labour Court and others; Cholera Research Laboratory Vs.......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151...
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......lip;……Opposite Party Judgment January 16, 1997. Result: The Rule is discharged. Lawyers Involved: Mainul Hosein with Md. Humayun Kabir Bulbul, Advocates - For the Petitioner. Dr. Kazi Aktar Hamid, Advocate - For the Opposite Party. Criminal Misce......mission of the learned Advocate over the law itself, namely, the law of Contempt of Court which he is supposed to know. But in the later portion of his explanation it appears that he has realised his mistake and admitted his fault. He expressed his sorrow for such mistake. The learned Special Tribun..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
.... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
......ndents
Judgment
August 5, 1996.
Result:
The Rule is discharged.
Cases Referred to-
Province of East Pakistan Vs. Md. Shamsuddin, 25 DLR 248; East Pakistan Vs. Muktagacha Abbasia Senior Madrasha, 16 DLR (SC) 281; Shah Md. Elias Vs. Province of East Pakistan, 17 DLR 277.
Lawyers I......6 of 1960 before the respondent No.2 who on consideration of the CS Map and ROR Khatian found that disputed Jalmahal was recorded in the name of the Government in Khatian No.1 and Plot No.1448 and by mistake area was recorded as.38 acres though actually area was 65.38 acres. Respondent No.2 further ..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ......s Limited...............Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 29, 1995. Case Referred to- Md. Sona Mia and others Vs. Collector of Customs and others 20 DLR 549. Lawyers Involved: MI Farooqui with JK Paul, Advocates‑F......anol and quantity of Methanol destroyed the before storing in the bonded tank. Thereafter Review Application No.325/95 was filed by the petitioner before the said National Board of Revenue to rectify mistake apparent on the face of record. The Board, however, rejected the application. 4. Mr. MI F..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
.... the view that this revisional application is also incompetent and not maintainable. However, we maintain the impugned order on the ground, that by the order the trial Court has obviously corrected a clerical mistake by deducting Taka 27,830.00 from the decretal amount as the said amount was admitte......e Act provides that the Artha Rin Adalat will follow the provisions of the Code of Civil Procedure in so far as these are not contrary to the provisions of the Act. The Artha Rin Adalat is a special forum of limited jurisdiction and it is not an ordinary Civil Court. It is a well-settled propos...... that this revisional application is also incompetent and not maintainable. However, we maintain the impugned order on the ground, that by the order the trial Court has obviously corrected a clerical mistake by deducting Taka 27,830.00 from the decretal amount as the said amount was admittedly recei..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ......ade absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) 57. Lawyers Involved: Abdus Salam Khan, Advocate—For the Petitioner GH Afrin with Syed AB Mahmudul Hoque, Advocates—For the Opposite Partie......wer of allowing amendment is not circumscribed by the law of limitation in the following cases even on expiry of the period of limitation‑ (i) to correct the name of a party in case of genuine mistake or to alter the capacity in which a party sues in case he might have sued at the time of fil..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
.... out the mistake the Court 'can' look into not only the judgment but other materials, i.e. the pleadings of the parties Dr. Zahir contends that the trial Court wrongly found that there was no clerical or arithmetical mistake or omission by mistake so that the provision of section 152&nb......arties
Judgment
February 24, 1994.
Result:
The Rule is made absolute.
Cases Referred to-
22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve Barman Manikya Bahadur; 29 DLR 81 (Ibrahim Sk. and others Vs. Janab Sk. alias Janab Ali Sk.......rity of the loan advanced 'Kha' schedule property was earlier mortgaged with the plaintiff. So, the inclusion of 'Ka' schedule property instead of 'Kha' schedule property is a mistake or omission which may be corrected under section 152 of the Code of Civil Procedur..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)
....the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ......Lithi Enterprise Ltd..............................................Respondent Judgment January 17, 1994 Result: The appeal is dismissed. Cases Referred to- Persumal & ors. Vs. Government of Pakistan & ors., PLD 1960 (Karachi) 690; Mst. Umda Begum & another Vs......the data to be submitted by the BTTB and that the agreement would come into force on the acceptance of the experimental bills submitted by the Company. In their letter dated 13.10.88 BTTB pointed out mistakes found in the experimental bills. On 22.10.88 the respondent Company requested the BTTB to i..Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......p; December 6, 1992. Result: All the Rules are discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates—For the Petitioners in all the Writ Petitions. Syed Amirul Islam with Mahbubul Hoque, Advocates&......(5) Where after publication under subsection (1) or sub‑section (3) or after minimum rates of wages declared thereupon have taken effect, it comes to the notice of the Government that there is mistake in the minimum rates of wages so declared, or that any such rate is inequitable to employers..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......te Parties Judgment July 26, 1992 Result: The Rule is discharged. Mistake in registering the suit could not alter nature and character of a suit The amendment is prayed for merely to rectify the mistake by registering the suit in its proper file. It does not result in c...... July 26, 1992 Result: The Rule is discharged. Mistake in registering the suit could not alter nature and character of a suit The amendment is prayed for merely to rectify the mistake by registering the suit in its proper file. It does not result in change of the character of..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......am J AFM Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1...... Judge it appears that the learned Subordinate Judge has allotted the saham or each or the sons and the daughters according to this quantum of share, Therefore, apparently we do not find any wrong or mistake in the amount of share allotted to the plaintiffs and defendants by the learned Subordinate ..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....esh Registration Tax Collecting Karmachari Samity.
4. The petitioners have alleged that as per Bangladesh Service Rules for the Department of Registration, the lowest post of Government posts in clerical cadre under the Registration Department is Muharrars and the appointment in the said posts ......ociation Vs. Bangladesh and others 33 DLR (AD) 177; 1968 SCMR 995; 30 DLR 368; 29 DLR 1968; SCMR 995, 29 DLR 188;21 DLR 188.
Lawyers Involved:
Abul Quasem with Hemayetul Islam, Advocates‑For the Petitioners.
QA Hossain, AAG‑For the Respondent Nos. 1-4.
Dr. Rafiqur Rahman with......of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ...... Judgment May 20, 1992. Result: The appeal preferred by convict‑appellant is dismissed with the modification in the sentence. Lawyers Involved: Mansur Habib, Advocate‑For the Appellants. SA Hasan, Assistant Attorney‑Genera‑For the State. Criminal Appeal ...... he then went to Santahar but lound no trace of the wagon. This witness also deposed that till 11.12.75 the wagon was in the shed. He also deposed that the loaded wagon was sent to the shed either by mistake or intentionally. He admitted that only the oil meant for the Railway are stored in the loco..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ...... Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and others, AIR 1929 Allahahad 668; Ughandi Mudafi Vs. R......ng personal or special." Mr. Matin has pointed out that portion of the decision as under‑lined above which escaped the notice of the learned Subordinate Judge and thereby he committed the mistake by taking a wrong view, The learned Advocate for the petitioner has further submitted that t..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......y 27, 1992. Result: The application is rejected. Cases Referred to- Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137; Secretary of State Vs. Mask & Co.; Wolver Hampton New Waterworks Co. Vs. Hawkesford (6 CBNS 336); Neville Vs. London Express Newspaper (1919 AC 368); Farid Mia ......n the part of the elected Chairman মোঃ আলী, পিতা আঃ আজিজ (Md. Ali pita A: Aziz (Md. Ali, son of A Aziz) according to the statement made in the application there was no mistake made by the said elected candidate Md. Ali regarding his name either in the relevant list of..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....n permanent basis. It will be sufficient if he has satisfactorily completed the period of probation. Under section 4(2) of the Act the period of probation for a worker having a function other than of clerical nature is three months. Thus, we are of the view that, a worker who is in temporary nature ......ted in: 46 DLR (HCD) (1994) 143.
......als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ...... Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure quest......tion or non‑execution as per terms of the contract and stipulated that the decision of the person shall be final and binding on both the parties, it would be binding except in cases of fraud, gross mistake on his part, as would imply an act of bad faith or failure to exercise an honest judgment on..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......ult: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers ......Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers When an injury is caused to a party due to any..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ...... are dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 105 Review of judgment when justified Review of a judgment can be made where there is an error apparent on the face of the record or that the attention of this court was not drawn to any parti......ranting of the declaration as to voidness of the document, the limitation for the suit will be governed by Article 120 (six years) and not by Article 91 (three years) of the Limitation Act and thus a mistake or error apparent on the face of the record has been made in the impugned order by holding t..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....there is no such specific provision in the Code of Criminal Procedure......... (10) A court can not and shall not alter or review its judgment after it has been signed save and except correcting clerical mistake........ (12) After the judgment and order has signed by one Additional Session......e State..............................................Opposite Party Judgment June 27, 1990. Result: The Rule is made absolute The power of the Appellate Division to pass an order for re-delivery of possession to the person acquitted on appeal must be an express power. Surp......no such specific provision in the Code of Criminal Procedure......... (10) A court can not and shall not alter or review its judgment after it has been signed save and except correcting clerical mistake........ (12) After the judgment and order has signed by one Additional Sessions Judge i..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
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