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Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......d anothÂer Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal, AIR 1953 Allahbad, 597; PLD 1953 (FC) 170. Lawyers Involved: Moinul Hoque with Roushan Ali - For petiÂtioners. Shamsul Hoque Chowdhury - For Opposite Party No.2. Basaratul Moula - For th......t they may continue on the same bail. 18. This appears to be a rather desperate atÂtempt by the lawyer to justify an error that crept into the application, moved initially by him alone, either by mistake or by design but having considered their subsequent application asking for apology for the l..Category: Criminal Law | Date: | Hits: 95
Category: Property Law | Date: | Hits: 56
Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......l Islam Vs. Al‑Rajhi Hospital (Pvt.) Ltd. and others, (2004) 1 LG 46. Lawyers Involved: Muhammad Nawshad Zamir with Fatema Anwar, Idris Khan, AHM Kamruzzaman and Sathika Hossain, Advocates—For the Petitioner. Shamim Khaled Ahmed with Shah Monjurul Hoque, Advocates—For Respondent Nos. ......he Court is no doubt of summary nature but unlimited for the sole purpose of rectification of the register. The jurisdiction is of general nature and not confined to cases where there has been error, mistake or default on the part of the company and only limited by the provisions of the Act. The Cou..Category: Company Law | Date: | Hits: 232
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......arja, ILR 36 Cal, 936; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; PSL RM Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Haridas Vs. Baroda Kishore, 27 Cal 38; Palikandy Vs. Krishnan Nair, 40 Mad 302 (303); Varjivandas Vs. Maganlal, AIR 1937 Bo......one, that is, to pay money or money's worth. If the agreement was to pay money or money's worth or if the defendant became liable to pay the price of goods purchased by him or received by him under a mistake giving rise to what is known as a quasi contract, there was at the inception of the transact..Category: Employment/Service Law | Date: | Hits: 144
Category: Employment/Service Law | Date: | Hits: 99
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......s. Chand Mohammad, AIR 1976 (Rajsthan) 65; Muhammad Jamal Vs. Chairman, Industrial Court 16 DLR (SC)) 386. Lawyers Involved: SK Sinha with AK Ahmadul Hasan and Md. Shafiqur Rahman, Advocates‑For the Petitioner. Jyotirmoy Narayan Dev with TK Datta, Advocates‑For the Opposite Parties. ......nd brought on record within time. But at the time of preferring the appeal, the learned Advocate inadvertently impleaded the said Abdul Hashim as respondent in place of the opposite parties. The said mistake was bonafide and unintentional and as such, the memorandum of appeal requires to be amended ..Category: Procedural Law | Date: | Hits: 70
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......rred to- 5 BCR (AD) (1985) 413; 28 DLR 375; 17 DLR 424; 20 DLR (SC) 211. Lawyers Involved: Shah Mohammad Sharif with Fakhrul Islam, Md. Abdus Satter Howlader and Farid Ahmed, AdvoÂcates - For the petitioner. Abdul Quayum with Yousuf Hossain Humayun, Sobodh Ranjan Dutta and Mohammad Mos......W.7 Anisul Huq stated about insufficiency of light and irregularity in counting. It appears from the judgment that the learned Election Tribunal considering these points held that there was chance of mistake in counting the ballots as the room was over crowded also. In view of these facts I hold tha..Category: Election Law | Date: | Hits: 163
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....d to wages payable to any person, including an apprentice, employed in any shop, commercial establishment or industrial establishment to do skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward. 14. Therefore, from a study of the preamble of the Act along wi......1998) 22. ....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......¦Applicant Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka………………………….Respondent Judgment May 7, 1992. Lawyers Involved: Habibul Islam Bhuiyan, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.10 of 1......stands in the name of wife of the assessee but she was a mere name lender and the real owner of the property is the assessee himself. The Tribunal further turned down the plea of the assessee that by mistake he included the income from the house property in the statement of assets and liabilities on..Category: Fiscal/Taxation Law | Date: | Hits: 110
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
....e is other sufficient reason warrantiÂng review of this judgment and order. In the circumstances this review petiÂtion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ..........Petitioners Vs. Mahabbat Ali and others…....................Respondents Judgment July 24, 2011. Result: The petiÂtion is dismissed. Lawyers Involved: Mahbubey Alam, Attorney General instructed by R. Hossain, Advocate-on-Record-For the Petitioners. Nur Hossain Chowd...... the exercise of due diligence, was not within the knowledge of that aggrieved person or could not be proÂduced by him at the time when the decree was passed or order was made, or on account of some mistake or error apparent on the face of record, or for any other sufficient reason. In this present..Category: Property Law | Date: | Hits: 58
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......1 DLR 32; 19 DLR 662; 29 DLR 355; AIR 1964 (All) 290. Lawyers Involved: Syed Ziaul Karim with Md. Khurshid Alam Khan, Md. Salauddin Talukder, Syeda Maimuna Begum & Gulam Kabir, Advocates‑For the Appellant. Sufia Khatun, Assistant Attorney‑General‑For the State. Criminal Appeal ......urrence and not from the date of arrest of the accused. Human memory fails with lapse of time and when TI parade held after an inordinate delay from the time of commission of the crime, the chance of mistake increases. This is a major reason for not depending on the TI parade long after the incident..Category: Criminal Law | Date: | Hits: 80
Category: Property Law | Date: | Hits: 83
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......itioner Vs. Billal Hossain and the State………………………Opposite Parties Judgment July 29, 1992. Lawyers Involved: Dr. Rafiqur Rahman, with Serajur Rahman, Advocates ‑ For the Petitioner. Azizul Huq, Advocate ‑ For the Opposite Party No.1. Criminal Revision No......ate appearing on behalf of informant opposite party No.1, submits that the revisional Court has the power under section 439A of the Code of Criminal Procedure to pass any direction for correcting the mistake committed by the trial Court. He submits that though there were some materials before the tr..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......Vs. Mosammat Amirunnessa, 9 DLR 444; Hatim Vs. Shah Din, PLD 1952 Lah. 77; Sultan Ahmed Howlader and others Vs. Habibur Rahman Munshi, 39 DLR 260. Lawyers Involved: Ahmed Hossain, Advocate ‑ For the Petitioners. SS Halder with Rabindra Ghosh, Advocates - For the Opposite Parties. Civil......rictly prove his case of disobedience. But unfortunately, in the judgment of the Courts below it appears that the onus of proof of innocence was shifted on the petitioner before me. This is a serious mistake in law leading to failure of justice. In a proceeding under Order 39, rule 2(3) CPC it is th..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
.... arbitrator or umpire is empowered, in the appropriate circumstance, to examine the parties and their witnesses on oath or affirmation, to give directions as to costs, to state a case, to correct any clerical mistake or error in the award, to order specific performance, and to make an interim award.......il Appellate Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hossain J Kibria and Associates Ltd…………………Appellants Vs. Bangladesh Agricultural Development Corporation……………………Respondents Judgment September 6, 1992. Cases Referred to......or or umpire is empowered, in the appropriate circumstance, to examine the parties and their witnesses on oath or affirmation, to give directions as to costs, to state a case, to correct any clerical mistake or error in the award, to order specific performance, and to make an interim award." In C..Category: Alternative Dispute Resolution | Date: | Hits: 156
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......LR 274; Barkat Ali alias Gharibu and others Vs. Crown, 1969 (SCMR) 448; Muhammad Ismail and others Vs. State and another, 1970 PLD (Kar) 261. Lawyers Involved: Muhammad Ayenuddin, Advocate ‑ For the Appellant. Abdus Salam Mamun, Assistant Attorney General ‑ For the State. Criminal Ap......ly at the top of the order‑sheet of the case and at the bottom of the signature of the trial Judge in his judgment the words ex officio Senior Special Judge has not been mentioned through Bona fide mistake. Therefore, the learned AAG contends that for this omission it cannot be said that the trial..Category: Criminal Law | Date: | Hits: 92
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......e impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698....... matter of evidence which, after exercise of due diligence, was not within the knowledge of the person seeking review, or could not be produced by him at the time when the order was made or when some mistake or error on the face of the record is found or of any analogous ground but review is not per..Category: Property Law | Date: | Hits: 81
Category: Property Law | Date: | Hits: 48
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232....... 218; Haji Md. Yusuf Vs. M/s Ahmed Brothers and others, 8 DLR 662; Chhazzu Ram Vs. Neki, AIR 1922 PC 112; AIR 1927 Bom. 226; AIR 1925 Cal. 253; AIR 1922 PC 112; ILR 15 Cal. 242; Ahsanullah Vs. Collector of Dacca; ILR 1888 Cal. 242, 36 DLR. Lawyers Involved: HR Sharif with Seema Zahur, Advocate......te judgment and decree and hence a review petition was filed under Order 47 rule 1 of the Code of Civil Procedure with a bonafide belief that the said would be a proper step taken and if there is any mistaken view of the law, which might have been committed by the learned Advocate for the defendant,..Category: Procedural Law | Date: | Hits: 111