Search Options
Judgment Advanced Search
Displaying 201-220 of 590 results.
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....tion.) On the same day (21.10.2009), the Syndicate called an emergency meeting and temporarily expelled the co-petitioners as evidenced by Annexure-'7' to the affidavit-in-opposition. Because of some clerical mistakes, Annexure-'7' was modified on 25.10.2008 as is evident in Annexure-'8' to the affi...... May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/har...... the same day (21.10.2009), the Syndicate called an emergency meeting and temporarily expelled the co-petitioners as evidenced by Annexure-'7' to the affidavit-in-opposition. Because of some clerical mistakes, Annexure-'7' was modified on 25.10.2008 as is evident in Annexure-'8' to the affidavit-in-..Category: Employment/Service Law | Date: | Hits: 169
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......ial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, ar......escribe by law for setting matters right and if that course is not taken, the decision, however wrong, cannot be disturbed. Lord Hobhouse then added that, though it was true that the Court made a sad mistake in following the procedure adopted still in so doing the Court was exercising its jurisdicti..Category: Criminal Law | Date: | Hits: 114
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......lt: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act XXVI of 1881); Sections 138, 141 Negotiable Instruments Act is a special law without any reference as to jurisdiction. Normally the provision of Criminal Procedure Code is to be followed in such case. Section 177 Cr.P.C.......e learned sessions Judge, Cox's Bazar received case from the Magistrate on 17-06-2008 and took cognizance on 25-06-2008 as Sessions Judge but he inadvertently gave ST No.192 of 2008. It is a bonafide mistake and the Sessions Judge, Cox's Bazar is directed to convert the case number as Sessions case...Category: Criminal Law | Date: | Hits: 134
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ...... Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific proviÂsion of law for re-admission of the appeal then the litigant should invoke that provision. If the defenÂdant fil......f getting round the express provisions of the law. Unintentional or inadvertent misÂtake of the Court causing injustice to a party, however, stands on a different footÂing and in the case of such a mistake the exercise of inherent power of a Court is not subject to those limitations on its exercis..Category: Procedural Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ...... Miah and others……………………….Defendant-Appellant-Opposite Parties Judgment May 22, 2007. Result: The rule is discharged. Cases Referred to- Constantine Line Vs. I.S. Corporation, 1941 2 ALL E.R. 165. 179; Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and ot...... out .34 acres of property from plot No.398 of Cadastral Survey Khatian No.68 in favour of Abdul Mazid and Abdul Hakim, predecessors of Defendants by a deed of conveyance dated 24.7.1956. But through mistake of deed writer, in place of plot No.398, plot No.339 had been inserted in the deed of convey..Category: Procedural Law | Date: | Hits: 155
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......on, Bangladesh Secretariat, and others………………..Respondent Judgment March 19, 1997. Result: The Rule is made absolute. Cases Referred to- S A Harroon and others Vs. Collector of Customs,11 DLR (SC) 200; MA Hai Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; 1949 A......efore, the petitioner had to pay VAT not only against the said consignment but also other consignments of raw rubber under protest. 4. Subsequently, Customs Authority, ChittaÂgong realising their mistake stopped collecting VAT against import of raw rubber. 5. The petitioner, after that, submi..Category: Administrative Law | Date: | Hits: 192
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....cio after signing the Judgment and has, thereÂfore no power to review, override, alter the Judgment in any manner except where it is otherwise provided by the Code or for the purpose of corÂrecting clerical error. The modification was made not to correct a clerical error and is, therefore, without......rty Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzaman, Advocate - For the accused-petitioner. Md. Soyeb Khan, Assistant Attorney-General with Dr. Md. Bashir U......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
....ctory it shall confirm him in the post."
9. Section 4(2) of the Employment of Labour (Standing Orders) Act, 1965 is to the effect:
"(2) The period of probation for a worker whose function is of clerical nature, shall be six months and for other workers such period shall be three months, includ......is also Reported in:49 DLR (HCD) (1997) 396.
......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
..
Category: Labour and Industrial Law | Date: | Hits: 265
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......o Reported in:48 DLR (HCD) (1996) 372. ......man so far as the law and the Court’s procedure are concerned and it was however the duty of his lawyer to advise him properly to take necessary steps in the matter, but his lawyer through bonafide mistake failed to render him proper advice in the matter in due course and hence the delay in filing..Category: Civil Law | Date: | Hits: 112
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......pposite Parties Judgment October 6, 1983. Result: The Rule is discharged. Cases Reffered to- The State Vs. Abul Quasem, 27 DLR 342; Wazir Vs. The State, PLD 1962 W.P 405; 14 DLB (Lahore) 21. Lawyers Involved: Khan Saifur Rahman with A.K.M Aminul Islam with Mostafa Neaz Mohani......submission of a charge-sheet against the accused can be cancelled. There is no provision of law under which a charge-sheet once subÂmitted can be cancelled. If the charge-sheet has been submitted by mistake, such as against a wrong person, the proper remedy lies in withdrawal from the prosecution a..Category: Criminal Law | Date: | Hits: 93
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ...... Rule is made absolute. Cases Referred to- Mahamad Kamal Vs. Ahmed Ali and others, 87 IC (1925)-746; Gajanan Chintaman Deshpande and others Vs. Karnatak Glass Industries and others, AIR 1971 Mysore, 241; Chhaganlal Sakarlal Vani Vs. Jayaram Deoraj Thakar and others, 100 IC 956; A.I.R. 1918 Pat......ed order that no notice was served upon the Judgment debtor petitioner before making the preliminary decree final to hear the Judgment debtor. In a writ of certiorari writ cannot issue to correct the mistake or wrong done in exercise of the power under the C.P. Code but in instance case the Artha Ri..Category: Limitation Law | Date: | Hits: 162
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. .....................................Respondent Judgment February 16, 2002. Result: The Appeal is allowed. Case Referred to- AIR 1939, Calcutta 674. Lawyers Involved: SS Halder, Senior Advocate with HR Acharjee, Advocate—For the Appellant. No one—For the Respondent. First...... Act too. Only the order passed by the District Judge is made appealable to the High Court Division under section 299 of the Act. So, it appears that not only the court of District Delegate committed mistake in rejecting the probate case without legal authority to do so, but the District Judge also ..Category: Property Law | Date: | Hits: 113
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......€¦â€¦Opposite Parties Judgment May 13, 1996. Result: The application is rejected. Cases Referred to- 6 DLR 478; 8 DLR 305; PLD 1966 (Dhaka) 262; AIR 1941 (Sind) 111; 9 PLD 1960 (Lahore) 677; AIR 1947 (Mad) 315; 1988 BLD (HC) 369; 6 DLR 477; PLD 1957 (Karachi) 245; AIR 1941 (Mad) 1......he suit for objections files objections instead of an application to set aside the award, and the objections not only are in substance an application to set aside the award, but almost so in form the mistake made by the party is nothing more than an irregularity which is not such as to entitle the C..Category: Alternative Dispute Resolution | Date: | Hits: 606
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......ent And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
The Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Shah M. Zahurul Huq, Advocate instructed by......m the affidavit sworn on 28.06.2005. The High Court Division noted that in the revisional application no statement was made as to deposit of 75% of the decretal amount before its tiling and that such mistake would not in any away affect the merit of the revisional application admittedly when such de..
Category: Civil Law | Date: | Hits: 174
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257....... Judgment June 11, 1995. Result: The reference is rejected. The jail appeal is dismissed. Case Referred to- AIR 1977 SC 45. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney-General ‑ For the State. Not Represented ‑ For the Condemned Prisoner. Death Referen......urder if the offender, whilst deprived of the power of self-control, by grave and sudden provocation causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident." Then it does not become a murder but it falls within the purview of sectio..Category: Criminal Law | Date: | Hits: 97
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
.... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......nd others………………………Respondent Judgment February 28, 1996. Result: The death reference is rejected. The appeal filed by the accused‑appellants Raisuddin, Amanullah, Morshed, Samar, Moula, Shabid, Makbul, Manik, Islam and Ramizuddin, is allowed. Cases Referred to......fication and carried the conviction of the accused‑appellants under sections 302/149 of the Penal Code. It is quite essential that the prosecution must prove the identity of the accused without any mistake and such identification must be free from any doubt. To recognise the accused‑appellants b..Category: Criminal Law | Date: | Hits: 104
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......ank……………………………Appellant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyer......ing the ends of justice and not for defeating them. 19. We think that it is a well established principle that the object of Courts is to decide the rights of the parties and not to punish them for mistakes they make in the conduct of their cases by deciding, otherwise than in accordance with thei..Category: Civil Law | Date: | Hits: 117
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......Vs. General DaiÂries, Ltd., AIR 1937 Privy CounÂcil 114; Mian Muhammad Saeed and another Vs. The Province of West Pakistan and others, 16 DLR (SC) 685. Lawyers Involved: Akram Hossain Amin - For Appellants. Md. Fazlul Karim - For Respondents 1 & 2. Appeal from Appellate Decree No....... extend the rule laid down in Meheri Bibee's case to the present case. 6. In Maritime Electric Co.'s case, plainÂtiff company had under-billed the defendant for the electric current supplied by a mistake. Later on, the mistake being discovered they made a further demand and succeeded in obtaÂin..Category: Property Law | Date: | Hits: 146
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....nd important matter of evidence which was not within his knowÂledge or could not be produced by him after the exercise of due diligence when the decree was passed or order made. Or there may be some clerical or arithmetical mistake or error apparent on the face of the record or there may be any oth......quidation), AIR 1961 All 381; Mr. Abilakhi Vs. Sada Nand, ILR 53 All 535: AIR 1931 All 244; M.Y. Siddiqi Vs. Bavaqar Co. Ltd., PLD 1968 (Karachi) 231; Mst. Maqsoodan Bibi Vs. Mst. Bhano, PLD 1965 (Lahore) 183. Lawyers Involved: Abu Taher Chowdhury - For the Petitioner. M. Fazul Karim - For ......idence which was not within his knowÂledge or could not be produced by him after the exercise of due diligence when the decree was passed or order made. Or there may be some clerical or arithmetical mistake or error apparent on the face of the record or there may be any other sufficient reason with..Category: Procedural Law | Date: | Hits: 119
Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)
....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ...... Ansarul Huque...................Petitioner Vs. Agrani Bank..................Opposite Party Judgment May 5, 1996. Result: The Rules are discharged. Cases Referred to- Travancore National & Quilon Bank Ltd., AIR. 1940 (Mad.) 157; Ranganathan Vs. Periakaruppan, AIR 1957 (......l undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or the bearer of the instrument. At this stage Mr. Ansarul Hoque submits that it was a mistake on his part to have mentioned at the beginning that these cases are based on promissory note..Category: Civil Law | Date: | Hits: 87
80238011800179967963792579047901786778297813779777937775775077367712769276737670