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Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......ellants Vs. The State…………………………….Respondents Judgment February 3, 1991. Result: The appeal is allowed in part. Cases Referred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 1971 (SC) 1064 & 19 DLR 573; ......7. In this decision it has been observed at page 668 as follows:- "Children are a most untrustworthy class of witnesses, for, when of a tender age, as our common experience teaches us, they often mistake dreams for reality, repeat glibly as of their own knowledge what they have heard from others..Category: Criminal Law | Date: | Hits: 106
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......tilal Dhupi and others.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved: Golam Mostafa, Advocate - For the Petitioner. Abdul Quayu......non-payment of deficit Court fees after having found in the same order that Court fees paid in the suit were sufficient. In such circumstances the learned Munsif rightly found that it was an apparent mistake on the part of the Court to dismiss the suit for non-payment of deficit Court fees although ..Category: Procedural Law | Date: | Hits: 87
....hts. Section 143 of the Act provides that the Collector shall maintain up-to-date, in the prescribed manner, the record of rights prepared or revised under Part IV or under this Chapter by correcting clerical mistakes and by incorporating therein the changes on account of—
(a) the mutation of n......ddin Patwary, 33 DLR (AD) 305; Ahdul Rouf Vs. Amuda Khatun, 33 DLR (AD) 323; Balai Chandra Mondal Vs. Nibaran Chandra Das, 51 CWN 644.
Lawyers Involved:
Hamidul Huq Chowdhury, Mozammel Huq, Senior Advocates, A Y Masihuzzaman, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Reco......ion 143 of the Act provides that the Collector shall maintain up-to-date, in the prescribed manner, the record of rights prepared or revised under Part IV or under this Chapter by correcting clerical mistakes and by incorporating therein the changes on account of—
(a) the mutation of names as a..
Category: Property Law | Date: | Hits: 128
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290....... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Moazzem Hossain, Deputy Attorney-General………………………Appellant Vs. State…………………….Responden......xact date. If this period of two Weeks is counted as usual excluding the 20-3-83 then the adjourned date falls on 4-4-83. Be that as it may, the date of 3-4-83 might have been calculated by bona fide mistake. Entries in the Order-sheet of a Judicial Proceeding are made in the normal course of Court'..Category: Criminal Law | Date: | Hits: 116
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......hin 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......Affidavit-in-Reply), he submits that after such sale deed and restoration of possession neither the Government nor the RAJUK can now take advantage of the said 'Ka' list merely because the Government mistakenly included the said property in it. He argues that after such sale, the said lady became th..Category: Property Law | Date: | Hits: 127
....y mentioning a law under which is no longer in force is permissible. Secondly, even if it be assumed that the law under which any property was supposed to have been taken was not mentioned by some clerical mistake and some other law has wrongly been mentioned, can it be held that the taking of pr......
Appellate Division
(Civil)
Present:
SAB Mahmud Husain CJ
Ahsanuddin Choudhury J
Debesh Chandra Bhattacharya J
Fazle Munim J
Chairman, Bangladesh Ahsanupdin Steel Mills Corporation, now Bangladesh Steel and Engineering Corporation.......................Appellant (In Civ......"
15. On a proper consideration of these provisions, it would appear that unless any property answers the description of abandoned property, the merely taking of such property on the assumption or mistaken belief that it falls within that description will not vest it in the Government, the obviou..
Category: Others | Date: | Hits: 154
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....lling 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 and for the purposes of any pr......risdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......) 108; Fazle Karim and others Vs. Government of Bangladesh and others, 16 BLD (AD) 9 = 48 DLR (AD) 178. Lawyers Involved: Khandakar Mahbubuddin Ahmed with SM Munir, Fida M Kamal, Advocates - For Petitioner. SM Rezaul Karim Assistant Attorney-General - For the Respondent. Civil Rule N......matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or 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: 89
....itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......2010.
Result:
The rule is discharged.
Cases Referred to-
Sheikh Salimuddin Vs. Ataur Rahman, 43 DLR 18; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41.
Lawyers Involved:
None appears - For the petitioner.
Dr. Md. Bashir Ullah, Assistant Attorney General - For the opposite parties.
......is part to take settlement in the year 1333 or 1337 B.S. So, he is not only a liar but also incompetent person to prove those documents. The learned Assistant Judge of the trial Court has committed a mistake to mark those documents as Exhibits on the basis of the aforementioned testimony of such sol..
Category: Property Law | Date: | Hits: 82
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......….Appellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640; AIR 1922 PC 241; Krishna N...... purported to be granted by a land-lord in favour of a certain person is genuine and what has been written in such a rent receipt are true. The learned Judges of the High Court have apparently made a mistake in taking the view that as soon as the rent receipts have been proved the primary onus of th..Category: Property Law | Date: | Hits: 97
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......udgment March 4, 1998. Result: The Rule is made absolute. Case Referred To- Kveeranna Vs. NS Mastan, AIR 1960 Andhra Pradesh 311. Lawyers Involved: Syed Ziaul Karim, Advocate - For the Petitioner. Md. Mustafa, Assistant Attorney-General - For the State. Criminal Revision ......ant. However, from the record of the appeal it appears that the State was not made a respondent. However, from the record of the appeal it appears that the State was not made a respondent. This was a mistake on the part of the appellant. Moreover, as we have found that on conviction the State came i..Category: Criminal Law | Date: | Hits: 63
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186....... Upazila Nirbahi Officer and another, 46 DLR 136; Additional Deputy Commissioner (Rev) Narayanganj Vs. AKM Latiful Karim and others, 17 BLD (HCD) 249.
Lawyers Involved:
SR Karmaker, Advocate - For the Petitioner.
Md. Shahidul Alam Chowdhury, Advocate - For the Opposite Parties.
Civil Rev...... plaint is different from that mentioned in Ext. 3 and 4. Unfortunately, the learned Court of appeal below failed to scrutinize Exts. 3 and 4 as they deserved and fell in error by committing the same mistake. The misreading and non-reading of the said material evidence has obviously resulted in erro..
Category: Property Law | Date: | Hits: 111
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ...................Respondents Judgment November 9, 2008. Result: All the petitions are dismissed. Lawyers Involved: AK Badrul Huq, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner. (In Civil Petition Nos. 1498-99 of 2007.) Asaduzzaman, Advocate instruc......o 6 Khatians being numbers 1591-1595 in the names of Altabuddin and others; subsequently Roshik Chandra died leaving behind son Jogesh Chandra and Shatish Chandra died leaving being son Haripada; mistakenly the heirs of Jogesh Chandra got the land of Dag No.3123 and subsequently Haripada died le..Category: Property Law | Date: | Hits: 76
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......nts Judgment December 14, 1982. Result: The appeal is dismissed. Case Referred to- Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, Advocate with him instructed by Md. ...... When a person not satisfied with the order of Sessions Judge made under section 439A invokes revisional jurisdiction of the High Court for rectifying any illegality, irregularity, impropriety or mistake appearing on the face of the record of any proceeding before the Sessions Judge, or when oth..Category: Others | Date: | Hits: 135
Hanif Shaikh (Md) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ..................Petitioner Vs. Government of Bangladesh and others ..................Respondents Judgment May 26, 2004. Result: The Rule is made absolute. Lawyers Involved: MI Forooqui with Ruhul Quddus and Abdul Mannan kha, Advocates ‑ For the Petitioner. Abdul Kader Tal......st the ideology of the Bangladesh Nationalist Party, the local leaders of the Bangladesh Nationalist Party, which became the ruling party, with mala fide intention took opportunity of the inadvertent mistake made in the main news item published on the Independence Day issue of the newspaper dated 26..Category: Information Technology Law | Date: | Hits: 282
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... consultation services as alleged by the petitioners. He submits that the petitioners services are not marked as having intellectual, strategic character of the consultants rather the services are of clerical in nature. The mere fact that the marks of the petitioners indicates additional services of...... May 18, 2010. Result: All Rules are discharged. Cases Referred To- National Board of Revenue Chairman Vs. Intertek Testing Services International Ltd., 11 BLC (AD) 233; Sadharan Bima Corporation Vs. Bengal Liner, 48 DLR (AD) 143. Lawyers Involved: Fida M Kamal with Akhter Imam,......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
.... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ...................Respondents
Judgment
November 17, 2011.
Result:
The petition is dismissed.
Lawyers Involved:
Nahid Mahtab, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner.
None Represented-For the Respondents.
Civil Petition for Leave to Appe......dure of disposal of an Appeal has been clearly provided in section 196C of the Customs Act; section 196B has provided what Orders the Appellate Tribunal may pass including its power of rectifying any mistake apparent from the record and to amend any Order passed by it within 4 (four) years from the ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......Pillai, AIR 2000 SC 614; Modi Spinning and Weaving Mills Co. Ltd Vs. Ladha Ram and Co, AIR 1977 SC 680 and Smt; Ganga Bai Vs. Vijay Kumar, Air 1974 SC 1126. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the Appellant. Mahbub Ali, Advoc......ent with the original case set up will not be allowed if it is unjust to the opponent. The object and the rules of procedure are to decide the rights of the parties and not to punish them for their mistake. The amendments are allowed and intended for promoting the ends of justice and not for def..Category: Civil Law | Date: | Hits: 86
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......ce in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......authorities which reconciled with the bank statements and books of accounts which were duly audited by chartered accountants? (d) Whether the Appellate Tribunal was justified in not correcting the mistakes as apparent from record under section 173 of the Ordinance? 12. Mr. AB Siddique, learned..Category: Fiscal/Taxation Law | Date: | Hits: 97
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......NM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique with M Habibullah, Advocates ‑ For Respondent Nos. 1 to 8......02 and 225, 7(kha) and 7(ga) were also prepared in the names of his parents. In the RS khatian a road was shown wrongly. Consequently, his father filed two written objections, which were accepted and mistake was corrected vide Exhibits 9 series. 15. He stated that in the suit land, paddy was cult..Category: Property Law | Date: | Hits: 85
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