Judgment search - Chancery Law Chronicles

Displaying 301-320 of 590 results.

Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......mp; others, 33 DLR 1; In re CH Venkatasubbaya, AIR 1956 (Mad) 452 & KM Merha Vs. State of Rajasthan, 1957 AIR (SC) 369. Lawyers Involved: Syed Amirul Islam with Hamida Islam, Advocates ‑For the Petitioner. Waliul Islam, Advocate ‑For the Respondent Writ Petition No.321 of 1986. ......ted u/s 17(3) of the Standing Orders Act." is erroneous and contrary to materials and evidence on record inasmuch as it was admitted by the respondent No.2 that he kept the said valve with him by mistake and the explanation furnished by respondent No.2 was disbelieved by the Enquiry Committee an..

Category: Labour and Industrial Law | Date: | Hits: 172

Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)

....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171....... clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......ankly expressed his sorrow that though he appeared in that before the Appellate Division on behalf of the respondent, he failed to point out and bring it to their lordships notice about some printing mistake in law i.e. in Rule 3(1) of Order XLIX of the Code Of Civil Procedure, and that rejection of..

Category: Admiralty Law or Maritime Law | Date: | Hits: 315

Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)

....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......rred to- Daud Ali @ Daud Hossain Vs. State, 27 DLR 251;Kazi Ibrahim @ Ibrahim Vs. State, 41 DLR 524; Arshadullah Vs. the State, 21 DLR 684;Bhuboni Sahu Vs. The King, 2 DLR 39; Kochi @ Jishan & ors. Vs. The State, 8 BLD, 412. Lawyers Involved: Zakir Ahmed and Md. Ashfaqul Islam, Advocate...... prejudiced the accused‑appellant in his defence. So the defect is curable in view of sections 225 and 535 of the Code of Criminal Procedure and the accused‑appellant cannot get a benefit of this mistake in the charge‑sheet for getting acquittal. 9. Next, he has submitted that the evidence ..

Category: Criminal Law | Date: | Hits: 85

State Vs. Tota Mia, 1997, 16 CLC (HCD)

....entry proved that the GD entry No.322 was subsequently inserted. 10. On scrutiny we do not find any substance in the submission of Mr. Khan, writing the number 318 after number 380 was obviously a clerical mistake. It is not difficult to presume that instead of writing 381 writer wrote 318 i.e. i...... Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sentence is commuted to imprisonment for life. Death Reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-Ge......ved that the GD entry No.322 was subsequently inserted. 10. On scrutiny we do not find any substance in the submission of Mr. Khan, writing the number 318 after number 380 was obviously a clerical mistake. It is not difficult to presume that instead of writing 381 writer wrote 318 i.e. instead of..

Category: Criminal Law | Date: | Hits: 74

State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)

....e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......�…………Condemned Prisoner Judgment November 10, 1991. Result: The reference under section 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin ......stances tending to connect the condemned with the alleged offence, the same is wholly inadequate in law to sustain the order of conviction. He further submitted that the learned Sessions Judge made a mistake by convicting the accused person under both sections 302 and 364 of Bangladesh Penal Code. A..

Category: Property Law | Date: | Hits: 69

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......) 196=46 DLR (AD) 174; Islami Bank Bangladesh Limited Vs. Al‑haj Md. Shafiuddin Howlader and another, 2000 BLD (AD) 162=52 DLR (AD) 176. Lawyers Involved: Md. Abul Hossain Khan, Advocate‑ For the Petitioner. None appeared- For the respondents. Writ Petition No. 1867 of 2003. Judg...... that Artha Rin Adalat committed serious error in rejecting the application for review as the said Adalat is regulated by Civil Procedure Code and that Court being the executing Court can correct its mistake or error which is apparent on the face of the record, and in the interest of justice Artha R..

Category: Administrative Law | Date: | Hits: 200

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......d. This Case is also Reported in: 55 DLR (2003) 350.......er of Public Works Department of the Ministry of Public Works and Urban Development allotted the suit land and the temporary tin shed standing thereon to the plaintiff fixing monthly rent at Taka 880 mistakenly treating the same as an abandoned property on certain terms. One of the terms mentioned i..

Category: Property Law | Date: | Hits: 122

Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....he learned Advocate. The learned Advocate for the petitioner candidly concedes that section 152 CPC is not applicable to the facts of the present case. Provision of section 152 CPC is attracted where clerical or arithmetical mistakes in judgments, decrees or orders occur or errors front any accident......�…………….Opposite party Judgment February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 DLR 7; Ali Hussain Vs. Rafique, 1977 PLD Lah 419. Lawyes Involved: AKM......learned Advocate for the petitioner candidly concedes that section 152 CPC is not applicable to the facts of the present case. Provision of section 152 CPC is attracted where clerical or arithmetical mistakes in judgments, decrees or orders occur or errors front any accidental slip or omission arise..

Category: Property Law | Date: | Hits: 79

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

.... of the said Act runs as follows: "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 mistake and by incorporating therein the changes on account of: (a) the mutation of nam......hury J Mustafa Kamal and others…………………….Petitioners (Writ Petition No.207 of 1986) Sebera Begum……………………Petitioner (Writ Petition No.208 of 1986) Vs. Director of Land Records and others…………………Respondents (In both the Writ Petitions) Judgme......aid Act runs as follows: "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 mistake and by incorporating therein the changes on account of: (a) the mutation of names as a r..

Category: Property Law | Date: | Hits: 73

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ultan Nasiruddin……………………Opposite Party Judgment June 13, 1991. Result: The Rule is discharged. Lawyers Involved: TH Khan, with Kazi Shahabuddin Ahmed, Advocates ‑ For the Petitioner. Rafiqur Rahman, with Serajur Rahman, Advocates ‑ For the Opposite Party. ......tle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law. Proviso (2)‑ The existence of any separate oral agreement as to any mat..

Category: Property Law | Date: | Hits: 87

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......MLR (AD) 105; 31 DLR (AD) 219; 38 DLR 39; 16 DLR 272; 46 DLR (AD) 148; 2 XP (AD) 194; AIR 1966 (SC) 1072, 14 MLR (AD) 52-55. Lawyers Involved: Fida M Kamal with Mohammad Ali Akand, Advocates—For the Appellant. (In First Appeal Nos. 357, 358 of 2009). Md. Khalilur Rahman, Advocate—For Re......incipal-defendant took Tk. 3 20,000 as advanced towards consideration money. Plaintiff published a protest notification in the same daily Jonokantha. 7. In the protest notification there being a mistake, as to the father's name of the vendor a corrigendum was published in the same daily on foll..

Category: Property Law | Date: | Hits: 100

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......h Alam and others............................Appellants Vs. Masuma Khatoon and others....................Respondent Judgment June 17, 1993. Lawyers Involved: SM Monir, Advocate ‑ For the Appellants. BK Das, Advocate ‑ For Respondent No.1. Appeal from Original Decree No.43......operation in six separate plots. As there was wrong recording in respect of the area the plaintiffs filed an application on 25.3.74 Ext.11 before the Revenue Officer, Dhaka for correction of the said mistake. Since the date of purchase the plaintiffs remained in exclusive khas possession of the suit..

Category: Property Law | Date: | Hits: 55

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ...... and Others……………………Appellants Vs. Abdul Mannan and Others……………………………….Respondents Judgment May 26, 2010. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellants. Asaduzza......of the opinion that the suit for rectification of the deed is maintainable subject to the condition that the plaintiff is required to prove that the instrument was obtained through fraud or by mutual mistake of the parties. The plaintiff did not seek for cancellation of the entire deed, and under su..

Category: Property Law | Date: | Hits: 49

Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)

....discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ...............................Petitioners Vs. Alekjan Bewa & others..............................Opposite Parties Judgment March 23, 2009. Lawyers Involved: Zahedul Bari, Advocate-For Petitioners. Md. Alauddin Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 2967......otment of saham in respect of 1.00 acre of land. 8. Mr. Zahedul Bari, the learned Advocate appearing on behalf of the petitioner submitted that the Courts below committed no gross error but by the mistake both the two Courts below omitted to distribute saham in favour of the defendant petitioners..

Category: Property Law | Date: | Hits: 72

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......espondents Judgment October 12, 2011. Case Referred to- Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58. Lawyers Involved: Khandaker Diliruzzaman, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record - For the Appellant. Yousuf Hossain Hu......s recovered from this shop. Subsequently, 46 other persons as claimants also submitted application for return of the seized alamots. 3. After due investigation the police submitted final report as mistake of fact upon examination of the available business record, license and yearly accounts regis..

Category: Criminal Law | Date: | Hits: 83

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and othe......employer. The learned Counsel points out that the writ petitioner sat for his matriculation examination in the year 1961 but obtained his certificate in the year 1964 and claimed that upon seeing the mistake in his date of birth as shown in his matriculation certificate, his father swore an affidavi..

Category: Employment/Service Law | Date: | Hits: 58

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ...... J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011......tle and interest in the suit land to Md. Putan. Although Md. Putan became the absolute owner of 14 drones of land, the names of his heirs and heiresses were not recorded in the R. S. Khatian owing to mistake. The R. S. record was prepared in the names of Ali Hossain and Elahadad Chowdhury as the mor..

Category: Property Law | Date: | Hits: 116

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ...... the Appellate Division Judgment Here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.............. that he was residing in Bangladesh as a foreign national by registering himself as a foreign national and he had only applied for his citizenship and as such his enrollment as a voter was a bonafide mistake due to concealment of facts about his foreign nationality; that the selection of the petitio..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ...... and others.............................................Respondents Order March 6, 2011. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Khair Azaz Masud, Advocate instructed by A.K.M. Shahidul Haque, Advocate-......riminatory and mala fide. 5. Rule was issued in this writ petition which was contested by the respondent BAEC. The material case of this respondent is that the BAEC vide its memo dated 8.10.2007 mistakenly gave the seniority of the petitioners and others to be effective from the day following t..

Category: Employment/Service Law | Date: | Hits: 81

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....e face of the record exists. It is not a re-hearing of the main appeal. Review is not intended to empower the Court to correct a mistaken view of law, if any, taken in the main judgment. It is only a clerical mistake or mistake apparent on the face of the record that can be corrected by the leave bu......ur consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ...... is re-heard and corrected. A review lies where an error apparent on the face of the record exists. It is not a re-hearing of the main appeal. Review is not intended to empower the Court to correct a mistaken view of law, if any, taken in the main judgment. It is only a clerical mistake or mistake a..

Category: Civil Law | Date: | Hits: 238

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