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Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ......nt Judgment August 18, 1977. Result: Both the appeals are allowed. Case Referred To- A.I.R. (SC) 1968, 147. Lawyers Involved: Rafiqul Huq with T. Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appel......n of this Court reported in 17 DLR 15 wherein it has been observed that though admission is a strong evidence against its maker, nevertheless, he may show that the admission was erroneous Or based on mistake of facts. But in absence of the context in which the alleged admission was made we are not g..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ...... Cases Referred To- State of Madhya Pradesh Vs. Bhailal Bhai. AIR 1964 (SC) 1006 A.I.R. 1961 (SC) 41; A.I.R 1962 (SC) 1320. Lawyers Involved: T. H. Khan with A. Taher Choudhury—For the petitioner. M.M. Haque—For Respondent No. 2 and 3. Kamahiddin Ahmed—For......nvalid. The question was whether the sale tax that was assessed and paid by the dealer which has been declared by the court to be invalid in law. The payment of the tax already made is one made under mistake and the Government to whom the payment was made must be in law repaid. The court observed: ..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ......her.............Respondents Judgment June 9, 1977. Result: The rule is discharged. Case Referred To- Monomohan Shaba Vs. The State, (1976) 28 DLR, 185; Dost Mohammad and ors. Vs. The State, (1977) 29 DLR 122; A.K. Roy Vs. The State of West Bengal, A.I.R. 1962 Cal. 135; ......ion (1) of section 190 of the Code, this will be undoubtedly without jurisdiction. But this is not the case here. It has been already pointed out that apparently the Special Tribunal made a mistake in mentioning section 190(1)(c) of the Code of Criminal Procedure. Although in the..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
.... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......tax Officer Nizamabad (1972-76) Supreme Court Tax judgment (Part II) 358: 1972 (86) ITR 141: AIR 1973 (SC) 1010; Mahendra Mills Vs. P. B. Desai, Appellate Assistant Commissioner of Income-tax reported (1972-76) Supreme Court Tax Judgment (Part-I) 322; M/s. Maharana Mills (Private) Ltd, Vs. Inco......te Assistant Commissioner to be a non-resident Company, the loss accrued in India in earlier years would not be set off against Pakistani income for the assessment year 1949-50, and that through mistake apparent from the record the loan accrued in India in earlier years was set off against the ..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
.... constitution.
In the result, there being no substance in the appeal it is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 72.
......ain CJ
Ahsanuddin Choudhury J
Kemaluddin Hossain J
Debesh Chandra Bhattacharya J
Karnaphuli Rayon and Chemical Ltd... .........................Appellant.
Vs.
The Collector of Central Excise & Land Customs, East Zone, Chitttagong & another……......................uced and ultimately manufactured into 'Cellophane'. The company nowhere mentioned 'Dilphane' to be one of their products. It was, however, submitted on behalf of the appellant that due to mistake of an officer concerned the term 'Cellophane' was mentioned not only in the Memorandu..
Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
.... Case No. 46 of 1967 will stand dismissed. The Misc. Case No. 21 of 1967 should be disposed of as early as possible. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 683 ......;…………………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred to- Abdur Rahman Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowdhury......that the Mohrar of the pleader, who is an old man, wrongly gave him 20. 6. 67 as the date of hearing of Misc. Case No.21 of 1967 although the actual date was fixed on 10. 6. 67 and it was due to this mistake of the lawyer's clerk the defendant did not come and hence the Misc. Case was dismissed ..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......ction (3) and section 79, sub-section (3) of the Companies Act, 1913 are not exclusive but supplementary to each other— Section 76 is a special provision regarding the statutory meeting and annual general meeting, whereas section 79 is the general provision. Where......lication which the company has alleged to have served, on the objector is not correct It was served on one Mr. Shahabuddin on a false representation who is not his. Advocates and when he realized his mistake he disowned his signature as recipient of the copy on the ground that he was not a filing la..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......rsey Vs. Mareji Vagaji & another, A.I.R. 1937 Bom 26; Hindusthan Co-operative Bank Limited and another Vs. Surendra Nath De and others, 36 C.W.N. 263, A.I.R. 1932 Cal 524; Messrs Grison Knitting Works, Vs. Laxmi Commercial Bank Ltd. and others, A.I.R. 1960 Punjab 98; Cocanada Vs. Gundabathula Su......template, sale is adjourned to a future date.”
The learned Judge proceeded to make further observation on the question of the procedure of the sale in the following words:-
“The mistake really was that the procedure adopted did away with all safeguards which a regular sale woul..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
....anufacturing process or the subject of the manufacturing process, is a "worker" but the definition makes an exception by saying that it does not include any person solely employed in a clerical capacity where no manufacturing process is carried on. Manufacturing process referred to in......nts Judgment July 30, 1973. Result: The Rule is made absolute. Cases Referred to- J.K. Cotton Spinning & Weaving Mills Co. Ltd. Vs. Labor Appellate Tribunal of India (1964) 5 P.L.C. 39; Ramainshan Jageshar Vs. Bombay Gas Co. Ltd., ...... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......y Ltd. Vs. Swastika Press Ltd. 90 Cal. L.J. 105; Bokaro and Ramgarh Ltd. Vs. State of Bihar, AIR 1965 Cal. 308; Mahanth Ram Das Vs. Ganga Das, AIR 1961. Lawyers Involved: Abdul Hamid—For the Petitioner. No one—For the Opposite Party. Civil Revision No.1436 of 1967. ......relevant law was dismissed on the 9th of October, 1962. The pre-emption money as directed by the court was supposed to have been deposited by the plaintiff but it subsequently appeared that through a mistake in calculation the deposit made was short by a small amount. The question arose whether the ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 158.
......n)
Present:
S. Ahmed J
M.H.Rahman J
Dinajpur Industries Ltd................................Petitioner
Vs.
M/s. Hardeo Glass, Aluminium, Enamel & Silicate Works……Opposite Party
Judgment
August 10, 1972.
Result:
The rule i......r where it is doubtful whether it has been instituted in the name of the right plaintiff the Court may at any stage of the suit, if it is satisfied that the suit has been instituted through bona fide mistake and that it is necessary for the determination of the real matter in dispute so to do, order..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
.... No costs.
Communicate the judgment to respondents No.3 and 4 at once.
J.N. Deb Choudhury J.—I agree.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 91
......(HCD) (2016) 91
...... section 82BB of the Ordinance, is an assessment order of the DCT; that the petitioner in response to the notice under section120 of the Ordinance and corrigendum thereof for an inadvertent mistake with regard to a date submitted a reply along with oral representation through his legal rep..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......ur Court, Khulna Division & another………..........Respondents Judgment November 12, 1980. Result: All the appeals are allowed. Section 34 is not meant for establishment of any right, but it provides for enforcement of any existing right guranteed ......r confusion was created when one Khalilur Rahman, designated as Line-Helper was allowed the designation and pay scale of Linemen. Mr. Serajul Huq has, however, explained that this was allowed by mistake and when detected, the mistake was corrected and the order was cancelled and further payment..Category: Labour and Industrial Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......964 (SC), 1120; Golam Jillani in 19 D.L.R. (SC), 403, Baqui Baluch, in 20 D.L.R. (SC);Begum Abdul Karim, in 21 D.L.R. (SC), 1. Lawyers Involved: S. S. Haider with A. Y. Mosihuzzaman —For the petitioner. Anwarul Huq Chowdhury with M.M. Hague —For Respondents. Writ Peti...... and again the matter after hearing in part was adjourned till 27.7.77. In the meantime the supplementary Affidavit on behalf of the respondents has been filed stating that there has been a bona fide mistake in passing the order dated 11.4.77. It is stated in paragraph 2 "due to oversight the a..Category: Criminal Law | Date: | Hits: 1
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......1st Court, Dhaka and others………………………..Respondents Judgment January 21, 2010. Result: The writ petition is disposed of. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioner. Mustafa Jaman Islam, Deputy Attorney-General - For the Respondent. Writ Pe......pugned order and the auction notice are not sustainable in law and the same is liable to be declared to have passed without lawful authority. However, we are not inclined to issue rule for procedural mistake. The ends of Justice would be met if the impugned order is set aside and accordingly the imp..Category: Civil Law | Date: | Hits: 37
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......ustoms Excise and VAT Appellate Tribunal and others…………………Respondents Judgment January 31, 2011. Result: The Rule is discharged. Lawyers Involved: AFM Hasan Arif, Senior Advocate with Md. Shamsul Islam and Zakir Hossain Munshi, Advocates - For the Petitioner. ......ter of the petitioner industry was wrongly mentioned as "Hotel and Restaurant" and that the petitioner on 16-5-2006 filed an application to the Chairman of the Board of Investment to rectify the said mistake and to issue a correct certificate by depicting the industry as "Industry for Tourism" and a..Category: Fiscal/Taxation Law | Date: | Hits: 40
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
.... provisions of the memorandum and articles subject, of course, to the provisions of the Companies Act. 10. There is no specific provision or procedure in the Companies Act for rectification of any clerical errors contained in the Memorandum and or in the Articles of Association. 11. A mistake,......lt: The application is allowed. Cases Referred to- Scott Vs. Scott (Frank F.) (London) Ltd., 1940 Ch. 794. (1940); 3 All ER 508 (CA). Lawyers Involved: Shamsuddin Babul, Advocate ‑ For the Petitioner. Not Represented ‑ For the Opposite Parties. Company Matter No.31 of 1996.......the said company was prepared by the promoters and was sent to the press for printing and eventually submitted the same to the Registrar of Joint Stock Companies for registration. But due to printing mistake, against the name of each subscriber instead of 1250 shares, 12500 shares had been erroneous..Category: Company Law | Date: | Hits: 74
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... "Worker means any person including an apprentice employee in any shop, commercial establishment or industrial establishment to do any skilled, un‑skilled, manual, technical, trade, promotional or clerical work for hire or reward whether the terms of employment be expressed or implied." The qu......ner Vs. Chandon Kumar Nandi………………Opposite Party Judgment May 12, 1994. Result: The Rule is made absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his griev...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..Category: Labour and Industrial Law | Date: | Hits: 137
....ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......ecretary, Ministry of Liberation War Affairs and others…....Respondents
Judgment
November 11, 2012.
Result
The Rule is made absolute.
Lawyers Involved:
Zamirul Akhter, Advocate -For the petitioners.
J. K. Paul, Advocate-For respondent Nos.2-4.
Writ Petition No.8354 of 2010.......1973. So for correction of the date by substituting “3.1” in place of “26.12” on the letter (annex-D) it cannot be held to have been issued on 3.1.1972. Although the petitioners did the same mistake in paragraph 9 of the writ petition by stating that the letter was issued on 3.1.1972, it sh..
Category: Others | Date: | Hits: 103
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......iminal Appeal No.195 of 1985; 1981 PCrLJ 165; 1973 CrLJ 137; Khondker Mushaq Ahmed Vs. Bangladesh, 34 DLR (AD) 222. Lawyers Involved: Khan Saiful Haque with Khalilur Rahman Rokon, Advocate ‑ For the Appellant. Giasuddin Ahmed, Advocate ‑ For the State. Criminal Appeal No.724 of 1991 ......f such illness, but that application was rejected by the Special Judge without assigning any reason and thereafter the case was taken up for trial in absentia under section 339 13(2), but possibly by mistake written as 333 B(2) by the learned Special Judge and the bail of the accused was cancelled a..Category: Criminal Law | Date: | Hits: 110
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