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Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......ople's Republic of Bangladesh Vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92. Lawyers Involved: Khondker Mahbub Hossain with Md. Afzal Hossain and Golam Kibria, Advocates ‑ For the Appellant. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Ap...... conclusion of the investigation the charge sheet was submitted against him under section 302 of the Penal code and section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983, though by mistake, at the top of the charge-sheet, only section 302 of the Penal Code was mentioned. The learn..

Category: Criminal Law | Date: | Hits: 135

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ...... June 29, 1989. Result: The Rule is discharged. Cases Referred to- Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A.D.) 70. Lawyers Involved: Asrarul Hossain, Advocate-For the Petition­er. Tofazzal Islam with Shamsul Hoque Siddiqui, Advocates- For the Opposite Part...... etc., that the agreements signed by the plaintiff-petitioner with the Government on 4.2.71 and with the opposite party on 25.3.77 is void, unenforceable and illegal being signed under misconception, mistake and on misrep­resentation, that the foreign currency loan given by the predecessor of the o..

Category: Civil Law | Date: | Hits: 119

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......s Case is also Reported in: 48 DLR (HCD) (1996) 495.......ct should be interpreted very carefully and strictly and the quantity of actual and real heroin shall have to be ascertained very correctly, accurately and meticulously, because a slight variation of mistake in measuring heroin may call for a death penalty for an accused. So we hold that actual, cor..

Category: Criminal Law | Date: | Hits: 162

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ...... DLR (AD) 5; Anwara Khatun Vs. Md. Abdul Hye, 4 BLC (AD) 14; Samad Sikder @ Somed Sikder Vs. State, 50 DLR (AD) 24; Nowabul Alam Vs. State, 45 DLR (AD) 140. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. Kamal......estroys the entire story of the pre-emptor about the date of knowledge. When the admission of this witness was confronted to Mr. Kamal ul Alam, learned counsel simply replied that there might be some mistake on the part of the trial Court in recording the testimony of this witness but he failed to s..

Category: Property Law | Date: | Hits: 138

Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)

....e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ...... another..........................Respondents Judgment July 17, 1995. Result: The Rule is made absolute. Lawyers Involved: Shaikh Abul Hossain with Syeda Afsar Jahan, Advocates ‑ For the Petitioner. Bazlur Rahman Chhana, Advocate ‑ For the Respondent No.2. Writ Petition N......es." 15. In our view, the words "in appropriate cases" mean cases in which it is found by the learned, Labour Court that the order of dismissal has been illegally passed either for some procedural mistake or for misreading of evidence or from any such case. It also appears to us that as the learn..

Category: Labour and Industrial Law | Date: | Hits: 162

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (SC) 86; Komarmal Gurudayal Vs. Sagorma Bergani, AIR 1972 (Calcutta) 430. Lawyers Involved: MI Faruqui with M. Saleemullah, Advo......here is no laches or negligence on the part of the defence to seek leave and to defend the suit. As it was a special kind of suit having a special procedure for its adjudication, it is in fact due to mistake of law proper steps could not be taken in due course by the defendant in spite of his dilige..

Category: Procedural Law | Date: | Hits: 125

Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)

....ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......t April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; Emperor Vs. Chhudammilal, AIR 1936 Allahabad page 373; Hazard and others Vs. Empire, AIR 1947 Patna 157; ......, secondly, the witness must not have any opportune to see the accused after the occurrence in connection with which he is put up for identification and thirdly, that the identifying witness makes no mistake. 14. In the instant case P.W.3 Fazlul Huq the sole identifying witness, admitted that he ..

Category: Criminal Law | Date: | Hits: 142

Deputy General Manager, Rupali Bank Limited and another Vs. Nazrul Islam Patwary and others, 1992, 21 CLC (HCD)

....2(V) "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 ......Patwary and others……………..…….Opposite Parties Judgment January 27, 1992. Result: The Rule is discharged. Lawyers Involved: Md. Ruhul Amin, Advocate‑For the Petitioner. Amir Hossain, Advocate ‑ For the Opposite Party. Civil Revision No....... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406...

Category: Labour and Industrial Law | Date: | Hits: 233

Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)

....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the im­pugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......njab Ali Vs. Mokarram Hussain 29 DLR (SC) 185; Arjun Singh Vs. Mohiadra Kumar AIR 1964. 993; AIR 1961 Assam 47; Tulsiram Bhagwan Das AIR 1959 Cal.379. Lawyers Involved: Faruqe Ahmed, Advocate -For the Petitioner. Sarojendu Roy, Advocate -For the Opposite Party. Civil Revision No.2 of 19......ch specific provision has been made by a sta­tute and should not invest itself with such jurisdiction for the purpose of getting round the express provisions of the law. Unintentional or inadvertent mistake of a Court causing some injustice to a party, however, stands on a different footing and in ..

Category: Procedural Law | Date: | Hits: 127

Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)

....ceedings. 9. In the facts and circumstances of the case, I am of the opinion that the drawn up order of the Court need not be corrected as it is not a question of mere mistake or mathe­matical or clerical error. The judgment-debtor Nos.3-7 will get out of ambit of the decree if the relief as pra......& others. ................Opposite Party Judgment September 10, 1986. Result: The application is allowed. Lawyers Involved: Asrarul Hossain, with Syed Sakhawat Ali, Advocates -For the Petitioner. Syed Ishtiaq Ahmed with H.R. Sharif, Advocates-For the Opposite parties. Ad......nst the mortgaged ship only. It is not available aga­inst the assets mentioned in Annexure-A. 3. During the hearing of the petition the judgment-debtor No.1 filed an application for correcting be mistakes and errors in the drawn up decree under section 152 read with section 151 of the Code of Ci..

Category: Admiralty Law or Maritime Law | Date: | Hits: 360

Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)

.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ......ir Chandra.................Opposite Party Judgment January 10, 1991. Result: The application is summarily rejected. Lawyers Involved: Moksudur Rahman, Advocate - For the Petitioner. Rafiqur Rahman, Advocate - For the Opposite Party. Civil Revision No.......matter or evidence which, after the exercise of due diligence, was not within his knowledge of could not be produced by him at the time when the decree was passed or order made. of on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to ..

Category: Property Law | Date: | Hits: 157

Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)

....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......e Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The Director General, Bangladesh Railway and others……….Petitioners Vs. Niaz Mohammad Ali and other...... the High Court Division wrongly decided the matter when it has no jurisdiction to hear and decide the same. He next submits that the respondent Nos.1-29 as writ petitioners were sent for training by mistake although there was an office order to that effect, and when the mistake was detected the res..

Category: Employment/Service Law | Date: | Hits: 222

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....rein. Section 2(d) defines a commercial establish­ment as an establishment in which the business of advertising, commission or forwarding is conducted, or which is a commercial agency and includes a clerical department of a factory or of any industrial or commercial undertaking, the office establis...... ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 ......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...

Category: Labour and Industrial Law | Date: | Hits: 176

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....1, the plaintiffs appellants‑petitioners filed an application under section 151 of the Code of Civil Procedure for modification of the Order No.61 dated 4.11.91 of the Court contending that due to clerical mistake in the earlier petition the petitioners had omitted to pray for withdrawal of Title......ir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Involved: A J Mohammad Ali with Md. Alauddin Biswas, Advocates ‑ For the Petitioners. Azizur Rahman Chowdhury, Advocate ‑ For the Opposite Parties. Civil Revi......aintiffs appellants‑petitioners filed an application under section 151 of the Code of Civil Procedure for modification of the Order No.61 dated 4.11.91 of the Court contending that due to clerical mistake in the earlier petition the petitioners had omitted to pray for withdrawal of Title Suit No...

Category: Trust/Waqf Law | Date: | Hits: 181

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

.... "143. Maintenance of the Record-of-rights. The Collector shall maintain up-to-date, in the prescribed manner, the record-of-rights prepared or revised under Part IV, or under this Part by correcting clerical mistakes and by incorporating therein the changes on account of- (a) the mutation of nam......J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Sec­retary, Ministry of Land Admin­istration and Land Reforms and others..................................Respondents (In Writ Petition No. 425 of 1985). ...... the said auction purchaser Keramat Ali in respect of the whole of the auction sold prop­erty, namely 5.80 acres, by Kabala No.5879 dated 31.10.55. But unfortunately the deed writer through bonafide mistake wrote 3.15 acres in place of the whole of the auction sold properly, namely 5.80 acres. The ..

Category: Property Law | Date: | Hits: 129

Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)

.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... Result: The Rule is made absolute. Case Referred to- Sir Hari Sankar Pal and another Vs. Anath Nath Mitter and others, 1949 (FC) 106. Lawyers Involved: Nikhilesh Datta, Advocate ‑ For the Petitioner. Golam Mohiuddin, Advocate - For the Opposite Party. Civil Rule No.210(R) of......s moved before a Court. He submits that without-hearing ­the opposite party‑petitioner (the Judgment debtor) the learned Judge in passing the aforesaid order committed serious error of law and the mistake committed calls for review of the order. 4. This Rule is resisted by the plaintiff-opposi..

Category: Civil Law | Date: | Hits: 157

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......……..Respondent Judgment March 15, 1999. Result: FA No. 277 of 1994 is allowed. FA No.129 of 1995 is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Bo...... used in the document the benefit of ambiguity will go to the insured against the maker, that mentioning of date 27 in place of 28 as date of power failure and time, etc., are of minor and immaterial mistakes and those should be ignored, etc. 11. We have very carefully scrutinised and examined th..

Category: Business or Commercial Law | Date: | Hits: 522

Commissioner of Customs, Benapole, Jessore Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others, 2011, 40 CLC (HCD)

....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......: 63 DLR (HCD) (2011) 416. ......21-10-2009 and failed to file any appeal before this Division within the said period of 90 days. It has been stated in the application for condonation of delay that due to bona fide and unintentional mistake appeal could not be filed in time for which the delay should be condoned for ends of justice..

Category: Limitation Law | Date: | Hits: 324

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......al is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issardas, AIR 1925 Sind 342; YAJ Noorul Hai and anothers Vs. SPLKR Karuppan Chettiyar, AIR 1925 PC 232; Addonzi Narayanappa and another...... and 2 instead of de­fendant No.1 and his son Ehsanul Hasan Khan but the agreement was not affected as defendant No.2 also had knowledge and consent about the agreement, that plaintiffs committed no mistake by selling the house which they acquired subsequently, that from 16.6.73 to the filing of th..

Category: Business or Commercial Law | Date: | Hits: 349

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

....alling 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 of employment be expressed or implied………….” 10. In an ......……..Respondents Judgment January 9, 1990. Result: The Rule is discharged. Cases Referred to: PLD 1961 (SC) 403; 21 DLR 522; 33 DLR 29; 18 DLR 299. Lawyers Involved: Md. Korban Ali, Advocate — For the Petitioner. Md. Khalilur Rahman with Sk Abul Hossain, Advocates ...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...

Category: Labour and Industrial Law | Date: | Hits: 184