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M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ..................Opposite Parties Judgment March 10, 1981. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Khairul Huq, Md. Mahabub Alam—For the Petitioner. Abdur Rab-II—For the Opposite Party. Civil Revision No. 325 of 1...... he has found that absence of the Advocate for the petitioner cannot be a sufficient cause for restoring the case. The learned Additional District Judge has also, according to him, committed the same mistake. The Courts below have taken exception to the fact that Mr. Nurul Huq was engaged by the pet..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......bona fide mistake. Mistake pre-supposes non-application of mind and in such case no right accrued to the respondent.........(6 & 7) Lawyers Involved: Abdul Wadud Bhuiyan, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Md. Roushan Ali...... This appeal is allowed. The appointment letter was issued by Mistake- No selection by the Selection Board The respondent was never selected by the Selection Board, but somehow by mistake the appointment letter was issued. In the absence of selection by the Board the appointment ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....;Worker" means any person including an apprentice employed in any shop, commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does ......llowed. Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and rules framed thereunder— Dacca Improvement Trust is not a commercial or indurstrial establishment and its employees are not workers within the meanting of Employment of ......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....s 151 & 153 thereof for correction of the preliminary decree and has submitted that the acceptance of the report of the Commissioner be upheld ex debito justi-tiae in view of the fact that a clerical error of the Court should not be allowed to vitiate the entire proceedings, especially when......;…….Appellant Vs. Md. Sabiq Khan & others……………Respondents Judgment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nulli......0-6-75. 9. The preliminary decree drawn up on 27-3-73, however, did not reflect either the original or corrected order portion of the judgment of the learned Subordinate Judge, It contained some mistakes with regard to the shares of the parties and remains unconnected even to this day. 10...Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....as no function to play. I do not find any substance in this contention. Designations or description of the office held by the signatory, are normally written by the office, which may be called a clerical function. Since the signature of the Chief Martial Law Administrator is not disputed a......srat Bhutto Vs. Chief of Army Staff & Federation of Pakistan, PLD 1977 SC 657; State Vs. Zia-ur-Rahman, PLD 1973 SC 49; Federation of Pakistan Vs. Saeed Ahmed, PLD 1974 SC 657; AnisminicLtd. Vs. Foreign Compensation Commission, (1969) 1 All E. R. 208; Patterson Vs. District. Commissioner of Accr......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....9; means any person including an apprentice employed in any shop, commercial jestablishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does ......wed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred to- General Manager, Hotel Inter-Continental vs. Chairman, Second Labour Court, Dacca, 28 DLR 160; Railway Men's Stores Ltd. vs. Chairman, Labour Court, Chittagong, 30 DLR (SC) 251; Administrator, Omar Sons Ltd. vs....... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ......ed in: 31 DLR (HCD) (1979) 427 ...... a year of the petitioner's last promotion on 29-8-77 it was revealed from the record that his earlier promotion dated 20-8.73 was irregular in that the Selection Committee for promotion had made mistake by showing him as senior most Head Assistant whereas he was the junior most amongst the Head..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......gladesh & Others………….Respondents Judgment July 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power without proper appli......ave been accepted, 6. Mr. Md. Maksudur Rahman the Deputy Attorney General appearing for respondent No.1-6 submitted that the fishery was advertised for leasing out for a period of three years by mistake, and the mistake having been detected by the Additional Commissioner, it was rectified in ex..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
......
The Rule is made absolute.
Cases Referred to-
A.T.R. 1969 (SC) 130; AIR 1964 S.C. 364; 30 DLR 144
Lawyers Involved:
Asrarul Hossain, Latifur Rihman and A M. Nuruddn Ahmed— For the Petitioner.
Anwarul Huq Chowdhury, D.A G., and M.M. Huq, A A.G.—For the Respondent......ormal procedure was followed and that he had no direct hand in the matter with the admission of the two Cadets. He further stated that due care was taken and that there might have been some bona tide mistake or over sight and there was no dishonest intention or ill motive. The petitioner further sta..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ......hman Chowdhury J A.T.M. Afzal J Hegge & Company Ltd……………………………....Petitioner Vs. Assistant Collectorof Customs & others………….....Respondents Judgment March ......s from the appellate order that the records relating to the measurement were examined by Captain Bijerke, a foreign expert who assisted the learned Advocate in conducting the appeals but no defect or mistake could be pointed out by them. We, therefore, find no substance in the contention of the lear..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ...... 19, 1979. Result: The rules in Writ petitions Nos. 479 and 538 of 1978 are made absolute Orders of termination are dismissed. Cases Referred to- Bangladesh Small Industries Corporation, Vs. Mahbub Hossain Chowdhury reported in 29 D.L.R. (A.D.) 41; 13 DLR (S.C.) 100; 16 D.L.......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ...... 426; Mian Jamal Shah's case (1966) 18 DLR (SC) 1; (1966) PLD SC 1. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joynul Abedin, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Appellant. Khondker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahma...... Respondent No.2 securing 3,303 who was declared elected. The election was challenged by the appellant before the Election Tribunal 2nd Court, Comilla, on the ground, amongst others, that there was a mistake in the counting of votes in two polling stations. Respondent No.2 contested the said electio..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....uggested that this mistake was also made by manipulation as in the case of the missing of the original amendment and its corresponding certificate of filing. If the date of resolution were due to any clerical mistake it could have been corrected by reference to the proceeding book. But in this case ......#39;, (1968)20 D.L.R. 133; Punjab Ali Vs. Muharram Hosain (1977) 29 D.L.R, S.C. 185; C. Cooper and Sons, (1937)2. All ER. 466; (1966) (1) All, ER, 145. Ch. Div.; Focus Advertising Private Ltd. Vs. Ahoora Blocks Private Ltd. Company Cases, 1975, 534; 1965(2) All. ER 761(1961) 439; AIR (1971) SC 26,00...... register that the amendment in this resolution dated 10 6-63 was entered in their office book on 15-5-1953 i-e. before the resolution was adopted. He has tried to explain that this entry was made by mistake. Mr. M.H. Khondker while cross-examining him suggested that this mistake was also made by ma..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....C) "Worker" means any person, skilled or unskilled, who works for hire or reward but does not include a person who is employed in any managerial," administrative, supervisory or solely clerical capacity or who is an agricultural worker engaged in, an agricultural farm, whether ancilla...... Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For the......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......hellip;……………Opposite Parties (In C.R. 446/75) Judgment May 2, 1978. Result: The Rules are discharged. Lawyers Involved: A.F.M. Shahid-For the Petitioner. M. B. Rahman-For Opposite parties. Civil Revision No. 445 and 446 of 1......red or revised and finally published under Chapter IV may, notwithstanding anything contained elsewhere in this Act, file an application along with necessary requisites, for the purpose of correcting mistakes, in such record of-rights in the Civil Court which would have jurisdiction to entertain a s..Category: Property Law | Date: 2 May, 1978 | Hits: 1
....r of the recharge sheet were wrongly stated i.e. instead of the charge-sheet No. 1-24/76 Part/893 dated 15.2.77 the other charge-sheet namely, Scctt/Estt/1-24/ 76/1516 dated 4.5.77 was mentioned by a clerical mistake.
4. In a Supplementary affidavit the petitioner stated that no enquiry was hel......ion)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.………………......recharge sheet were wrongly stated i.e. instead of the charge-sheet No. 1-24/76 Part/893 dated 15.2.77 the other charge-sheet namely, Scctt/Estt/1-24/ 76/1516 dated 4.5.77 was mentioned by a clerical mistake.
4. In a Supplementary affidavit the petitioner stated that no enquiry was held by any ..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ......lla and another.......Respondents Judgment February 17, 1978. Result: The rule is made absolute. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Md. Shafiqur Rahman—For the Petitioner. Mainul Hosein, Zainul Abedin—For Respodent No. 2. WritPetition No......h. Bat respondent No, 2 challenged the election by an election petition under section 26 of the Local Government Ordinance, 1976 taking a number of grounds one of which was that there wet a mistake in the counting of ballot papers in respect of two polling stations Rampur and Begmara. The ..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....ernment through an Administrator. Respondent. No. 1 in each of these petitions is a worker as defined in the Industrial Relations Ordinance, 1969 briefly the Ordinance and the nature of their work is clerical such as store clerk. These 12 workers had filed separate applications namely the Industrial.......Respondents Judgment January 27, 1978. Result: Rules are made absolute. Case Referred to- 29 DLR 393 Lawyers Involved: Asrarul Hossain, Khalilur Rahman—For the petitioner (In all the petition). Mozanmmel Hoque, Farmanullah Khan—For the Respon......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ......n @ Gamon and Muhammad Din (1967) 19 DLR (SC) 143; Rajendra Shirali and others Vs. Mahadev Shirali (1975) 27 DLR 232; Majam Ali Bepari Vs. Abdul Samad and others (1975) 27 DLR 31; Darogaii Sheikh and ors. Vs. Milatannessa Bibi and others (1976) 28 DLR 9; S.M. Yousuf and another Vs. Khandker Hafizur ......l Procedure for the extension of time for similar cases was also considered and it was held that the said provision also could not be invoked in such cases except in the exceptional circumstance of a mistake of the court on Court's officer. 12. After a decree has been made such a decree can..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......, AIR 1944 Lah. 76; S M. Nripjit Ram Vs. Sardar Satinder Singh, AIR 1955 Pun. 190; Dasulal Bhagchand Lal Vs. Narayan Mahadeo AIR 1937 Nag. 105. Lawyers Involved: Sultan Ahmed, D.A.G.—For the Appellant. Abdur Rashid Gazi—For the Respondent. Appeal from Original Order ......jection should be rejected. The learned Advocate appearing on behalf of the cross-objector stated before us that through oversight he put the date as 8.5.77 instead of 8.3.77. It was a mere bona fide mistake on his part. We accept that as a mere mistake through oversight. 15. Considering all th..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
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