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Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. .......................Plaintiff Vs. MV Yue Yang and others………………………..Defendants Judgment July 30, 1996. Result: The applications are rejected. If the Managing Director of the company has no power under the Articles of Association to file a suit on behalf of the com......ch a defect the plaint cannot be treated as altogether invalid. In Secretary of State (6), it was also stated that the provisions of Order VI, rule 11 CPC relate to a mere matter of procedure and any mistake or commission therein may be amended at any time subsequent to the institution of the suit. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......……………………………………………..Respondent Judgment February 22, 2006. Result: The rule is discharged. Cases Referred to- Bangladesh House Building Finance Corporation Vs. Jahanara Akhter, 49 DLR (AD) 1980; New Ideal Engineering Works Ltd. Vs. Bangladesh Sh...... bank and registering the same as a Misc. Case. So he submitted that in the present case we find that instead of expeditious realization of Loan money due to the fault of the Artha Rin Adalat and the mistake of the learned Advocate about eight years passed away. Whatever illegality happened is not c..Category: Civil Law | Date: | Hits: 127
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......rs ………..............Opposite Parties Judgment October 10, 2012. Result: The Rule is made absolute. Lawyers Involved: Bhabesh Chandra Ghosh with Md. Mubarak Hossain, Advocates-For the petitioner. Feroz Alam, Advocate-For the opposite parties. Civil Revision No.2406 of 20......llate Court observed the trial Court’s judgment to be defective because of not framing any issue on the validity of defendants’ title deeds and deciding the same, disposed of the appeal with same mistake. He further submits that the basis of the appellate Court’s judgment is that the Khatian (..Category: Civil Law | Date: | Hits: 73
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......………………Plaintiff-Appellant-Opposite parties Judgment March 22, 2010. Result: The rule is made absolute. Lawyers Involved: Mohammed Mozammel Haque Bhuiyan, Advocate - For the petitioners. Kamruzzaman Bhuiyan, Advocate - For the opposite parties. Subrata Saha, Ad......ny person to any decree or order relating thereto: such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, 100 [want or failure] of consideration or mistake in fact or law. Proviso (2)- The existence of any separate oral agreement as to any matte..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....quisition and Tenancy Act provides, inter alia, that the record of rights prepared or revised shall be maintained upto-date in the prescribed manner under part IV, or under Chapter XVII by correcting clerical mistakes and by incorporating the changes of account of (a) the mutation of names as a resu......This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......i and they transferred their share of 5.88 acres to Syed Ahmed, Moqbul Ahmed and Khurshid Jahan Akhter, (predecessor of the petitioners) by two registered Kabalas dated 25-7-1958 and 7-8-1958. But by mistake, the relevant SA Khatian in respect of said land along with other land was wrongly recorded ..Category: Property Law | Date: | Hits: 115
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ....... Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 &......The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Referred to- Syed Aziz..Category: Procedural Law | Date: | Hits: 82
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......ট কর্মকর্তা বা কর্মচারীবৃন্দ দায়ী।” 14. It would not be justified to award costs upon the judgment debtor for any fault or laches or mistake, caused by the decree holder. Admittedly the judgment debtor opposite-party has already paid..Category: Civil Law | Date: | Hits: 276
....The rule is made absolute.
A sweeper i.e. one who sweeps or cleans is a worker since the job does not indicate that the job is something of managerial, administrative, supervisory or solely clerical nature………………………………..(6)
Case Referred to-
Bimal Sarder and o......ute, Bangladesh Secretariat, Dhaka and others……………………………….Respondents
Judgment
August 5, 2007.
Result:
The rule is made absolute.
A sweeper i.e. one who sweeps or cleans is a worker since the job does not indicate that the job is something of managerial,......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
..
Category: Criminal Law | Date: | Hits: 143
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......; Aminur Rahman Khan Vs. Trade Aris Insurance, 7 BLC 330; Abdul Zalil Vs. Islamic Bank Bangladesh, 53 DLR (AD) 12. Lawyers Involved: Khalilur Rahman with Md. Khalilur Rahman, Helal, Advocate - For Petitioners. Mahbubey Atom, Attorney-General with Md. Akram H. Chowdhury, Gautam Kumar R......taining to the suit khatian originally belonged to one Gobinda Chanra Basak, shortly, "GC Basak". His name was initially shown in the CS record as মধ্যসত্বাধিকারী out of mistake. Later by a correction case No.24 of 1918 under section 198A of Bengal Tenancy Act his right..Category: Property Law | Date: | Hits: 149
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......r Development Board……………………Defendants-Opposite Parties Judgment February 6, 2012. Result: The rule is made absolute. Cases Referred to- Abul Bashar Vs. Investment Corporation of Bangladesh, 52 DLR (AD) 178; Nilkantha Sidramappa Ningasher pellant Vs. Kashinath Soma...... section 33 of the Act, is a valid deposit as contemplated under the law. The learned Advocate for the petitioner submits that the lawyer did not know of the provision of law. The ignorance of law or mistake of law is no ground and the learned Advocate cannot lawfully plead that before this Court. F..Category: Civil Law | Date: | Hits: 195
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......dents
Judgment
December 2, 2012.
Result:
The Rule is discharged with observations.
Degree of disability of all injured freedom fighters is determined by a medical test in 2003 that reported the disabled freedom fighters were reclassified in six categories from A to F, wherein the dis......e writ petition, where the description of the impugned memo is given, refers annex-C to be the impugned order. In so describing the word ‘Magistrate’ has been typed in place of ‘Ma’. The said mistake also appeared in the Rule issuing order. All other words, figures and date of the impugned m..
Category: Civil Law | Date: | Hits: 104
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....s broken and for treatment purpose he was admitted in the hospital. But in the charge sheet it was inadvertently written that for public beating leg of accused Jahirul was broken. This was purely a clerical mistake on the part of the investigation officer. But the learned trial Court termed it as ...... State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Badshah Mollah, 9 BLD 257 = 41 DLR 11; Mafizuddin Gazi Vs. State, 31 DLR 16. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Appellant. Diliruzzaman, Deputy Attorney General with Yasmin Begum Bithi, Assistant Attorn......and for treatment purpose he was admitted in the hospital. But in the charge sheet it was inadvertently written that for public beating leg of accused Jahirul was broken. This was purely a clerical mistake on the part of the investigation officer. But the learned trial Court termed it as a contrad..Category: Criminal Law | Date: | Hits: 83
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. .......141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an inf......ther wise so that there may not be any loophole in our judgment. We have noticed the fact that 3 brothers of the informant met unnatural death. At the same time we will have to consider that a single mistake on our part may lead to an innocent to gallows. We also consider our self and put us on a ba..Category: Criminal Law | Date: | Hits: 89
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... The First Appeal No.182 and 183 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it ......y the revenue employee to file an application to the Sub divisional Officer (Sadar) Noakhali for getting lease of 3.48 acres of land i.e. ‘ga’ schedule land but in that application for lease some mistake as regard Dag Nos. had been taken place and also quantum of land was not properly mentioned,..Category: Property Law | Date: | Hits: 83
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......de. . . Subsequently filed Civil Suit has no bearing on the criminal proceeding started and about to be concluded under section 138 of the Negotiable Instruments Act, 1881. Cases Referred to- Noor Alam Vs. State, 7 BCR (AD) 165; AB Siddiqur Rahman Vs. AM Harunur Rashid, 3 BLT (AD) 64. Lawye......not returned. Therefore, those cheques are not encashable and that it involves the question "defective title." The learned Advocate further submits that the learned Judge of the trial Court committed mistake in not allowing the stay petition filed by the accused-petitioner and, as such, the impugned..Category: Procedural Law | Date: | Hits: 128
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ...... February 12, 1998. Result: The Rule is made absolute. Abandoned property The property even if legally enlisted as an abandoned property and if the same be released by the appropriate authority, namely, the SDO, the Government cannot keep the same on the plea that the same is abandoned p......d the restoration of the same must be made in favour of the real owner or any person duly authorised on his behalf. The Court of Settlement did not appreciate this aspect of law and committed serious mistake in holding that the property is an abandoned property. The decision of the Court of Settleme..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......ue) & others.................Respondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mista......ult: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial review under the high prerogative writ jurisdict..Category: Constitutional Law | Date: | Hits: 222
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......
November 12, 15, 2009.
Result:
The Rule is discharged.
Case Referred to-
Radha Nath Mukherjee Vs. Saktipada Mukherjee, (1936) 58. All.
Lawyers Involved:
Fazlul Haque, Advocate - For the petitioner.
Dr. Rafiqur Rahman, Advocate - For the Opposite Parties.
Civil Revision No.......proper management. He never revoked or cancelled those deeds either expressly or by implication. During the last settlement and survey operation the suit properties with some other properties through mistake were recorded in his name Raman Mohan Das Baishnab (Ramani Mohan Das Baishnabi) without ment..
Category: Property Law | Date: | Hits: 102
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25B Interpretation of statute It is the presumption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court ca...... 2011. Result: The appeal is allowed. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25B Interpretation of statute It is the presumption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake i..Category: Criminal Law | Date: | Hits: 84
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......unicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... posters printed and published in the name of Pirojpur Forum in favour of Mr. Sayedee vide Exhibits 52 and 52(1). He saw the leaflet issued by Four Party Alliance in favour of Sayedee vide Exhibit 5 (mistakenly written as Exhibit 53) but did not see the posters printed and published by Shamomona San..Category: Election Law | Date: | Hits: 300
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