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Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......€¦â€¦â€¦..Petitioner Vs. People's Republic of Bangladesh……………………………….Opposite Party. Judgment April 10, 1990. Lawyers Involved: Gour Gopal Saha, Advocate ‑For the Petitioner. Mashuk Hossain Ahmed, Assistant Attorney General ‑For the State. Civil Re......e other plaintiffs are heirs of the deceased sons of Rajab Ali. Preliminary rent roll was prepared in the name of the plaintiffs and accordingly they paid rent to the Govt. Acquired Estate but due to mistake at the time of the final publication of the SA Khatian only 0.30 decimals of land in plot No..Category: Property Law | Date: | Hits: 60
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......thers……………………..Petitioners Vs. Azimuddin and others…………………….Opposite‑Parties. Judgment August 24, 1989. Lawyers Involved: Marfat Ali, Advocate ‑ For the Petitioners, Akram Hossain Amin, Advocate ‑ For the Opposite Parties. Civil Revision ......arity in rejecting the application under section 151 of the Code of Civil Procedure upon an erroneous view that the application was not maintainable. It is further urged by him that since there was a mistake on the part of the Court in passing the order of dismissal dated 30.12.1972 the learned Muns..Category: Procedural Law | Date: | Hits: 83
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......es. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddin Ahmed with Md. Shahjahan Howlader, Advocates ‑For the Petitioner. Tapan Kumar Chakraborty, Advocate ‑ For the Opposite Party No. 1. Civil R......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ...... and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkrishna Raghunath Sawant Vs. Jagannath Sitaram Akarte, (1976) 78, Bom LR 234; Mr. Bannerjee Vs. Emperor, AIR 1927 Cal 823; Tulsidas Amanmal Karani Vs. Billimoria, AIR 1932 (Bom) 490. Lawyers Involve...... action resulted in his six months conviction and two thousand Taka fine." It has been submitted by the learned Advocate for the petitioner that this particular statement appears to carry a bona fide mistake as pointed out and in fact it would be that the accused (Opposite Party No.1 herein) was con..Category: Family Law | Date: | Hits: 191
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
.... defence as to whether mentioning of 11.5.74 as the date of execution of the kabala, exhibit‑1, was a mala fide one. According to the learned Advocate for the petitioner, there might have been some clerical mistake. 11. Be that as it may, the plaintiff is not an executrix in kabala, exhibit‑1...............................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. ......as to whether mentioning of 11.5.74 as the date of execution of the kabala, exhibit‑1, was a mala fide one. According to the learned Advocate for the petitioner, there might have been some clerical mistake. 11. Be that as it may, the plaintiff is not an executrix in kabala, exhibit‑1. She is ..Category: Property Law | Date: | Hits: 64
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......der as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......er was accepted by consent and order was made accordingly. Thereafter another application was made by the respondent practically for the same purpose and counsel for the respondent said that it was a mistake which resulted from the fact that the same case was handled by two lawyers in his office. Af..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115....... Khatoon, 22 DLR 444, Santosh Lala Ghope Vs. Ahmed Ali, 25 DLR 142; 22 DLR 444; 6 DLR 588, AIR 1916 (Patna) 31, AIR 1933 (Patna) 31; AIR 1930 (Bombay) 30; AIR 1938 (Rangoon) 35; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 33 DLR (AD) 55. Lawyers Involved: Abdur Rahim, Adv......ars taking of cognizance of small causes suits by ordinary Courts, cannot be accepted in the face of the clear terms of the section which relate only to trial. Trial of a small cause suit, through mistake by a Court having no small cause Court powers, without any objection from the parties, would..Category: Property Law | Date: | Hits: 66
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......rat Ali and others Vs. State, 1984 BLD 257; Yusuf Sk. Vs. Appellate Tribunal and another, 29 DLR (SC) 211. Lawyers Involved: Shamsul Huq Chowdhury with Ali Akbar and Golam Ashek, Advocates ‑ For the Appellant (In Criminal Appeal No. 500 of 1990). Serajul Huq with Aminul Huq and ABM Golam ......f form a satisfactory basis for conviction. 27. Some of the main tests for determining the genuineness of a dying declaration are; whether intrinsically it rings true, whether there is chance of a mistake on the part of the dying man in identifying or naming the assailants and whether it is free ..Category: Criminal Law | Date: | Hits: 83
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......peal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ...... Tax Appellate Tribunal that in mentioning under section 10(2), second time in the above quoted judgment, it was not mentioned whether the claim was allowed under clause (X) or (XVI) probably through mistake and oversight. But from the tenor of the judgment, it is clear that clause (X) was inadverte..Category: Fiscal/Taxation Law | Date: | Hits: 171
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......ib J Abdul Jalil SheikÂ………..Petitioner. Vs. Md. Abdul Quddus Sarker............Opposite Party. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dh......der 47, rule 2 of the Code of Civil Procedure stating all the facts about non‑payment of cost of Taka 200.00. Under Order 47, rule 2 of the Code of Civil Procedure an application for review for any mistake or any other error other than discovery of new or important matter or evidence can be made. ..Category: Property Law | Date: | Hits: 75
....herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......find any merit in the contention of the learned Advocate for the appellant that the suit is not maintainable and the court below was not justified in allowing the prayer for temporary injunction. The mistake pointed out by the learned Advocate for the appellant can be corrected at any stage of the s..
Category: Intellectual Property Law | Date: | Hits: 224
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ...... Case Referred To- The Commissioner of Income Tax, Dacca Zone Vs. Gulistan Cinema Co. (1976) 28 DLR (AD) 14. Lawyers Involved: C.R. Ali, Advocate, instructed by Abu Bakkar, Advocate-on-Record - For the Appellant. A.K.M. Mozammel Haque Bhuiyan, Advocate instructed by S.S. Hoda, Advoca......led and a reduction in turnover was allowed under section 16(2). It, however, transpired that sales of Til oil and Linseed oil had escaped assessment in the original assessment made on 31-12-58. This mistake, first, which according to the Sales Tax Officer was apÂparent from the records and a lette..Category: Fiscal/Taxation Law | Date: | Hits: 77
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......urisdiction) Present: AFM Abdur Rahman J Fazlur Rahman & Co. Private Ltd. Nahar Mansions, 150 Motijheel C.A. Dhaka…........…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port……......oned in the charter party addendum Nos. 2 and 3 in place on 11th June 1997. 26. On the other hand the D.W.1 in his examination-in-chief categorically stated as to the said addendum that there is a mistake in the addendum. In place of 11th May 1997 it should be 11th July 1997. Therefore, it appear..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......s Referred To- SM Basiruddin Vs. Zahurul Islam Chowdhury and others, 35 DLR (AD) 230; Chandra Ghose Vs. Mujibul Islam, 12 DLR 785. Lawyers Involved: Syed Md. Dastagir Hossain, Advocate — For the Petitioner. Nirmalendu Deb, Advocate — For Opposite Party No.1. Civil Revision No. 34......en objection denying all the material allegations and assertions contained in the pre-emption petition stating, inter alia, that the quantum of land in plot No.269 is 0.19 acres but owing to printing mistake the said quantum was written as 9 decimals; that the said plot No.269 belonged to Sanwar, Az..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......an J 1. Mohammad Ali, son of late Sebu Miah 2. Ambia Khatun, Wife of Mohammad Ali, both of village Pachdona, P.S. Keranigonj, District Dhaka……..Plaintiff-Respondent-Petitioners Vs. Noor Mohammad, Son of Late Kafiluddin of village-Nababerchar, P.S. Keraniganj, District Dhaka………......e aforesaid finding of the learned Appellate Judge clearly proved that how much oblivious the judge was at the time of pronouncing the impugned judgment. The learned Appellate judge apparently caused mistake when he stated that the defendant has admitted that the plaintiff may have title and possess..Category: Property Law | Date: | Hits: 62
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......) 441; Shah Alam and others Vs. State, 42 DLR (AD) 31; Minhaz and another Vs. State, 6 MLR (AD) 166. Lawyers Involved: Abdur Rub Chowdhury with Saluuddin Dolon and Shafique Mahmud, Advocates—For the Condemned Prisoners. Md. Golam Kibria, Deputy Atlornev-General with Md. Moklesur Rahman Za......ame, secondly, the witness must not have any opportunity to see the accused after the occurrence in connection with which he is put up for identification and thirdly, the identifying witness makes no mistake to recognize the offender. All of these conditions applied adversely on the facts and circum..Category: Criminal Law | Date: | Hits: 91
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......€¦â€¦â€¦.Respondents Judgment June 6, 2010. Cases Referred To- (Moulvi) Zahirul Alvi Vs. R.S. Seth Lachhmi Narayan, A.I.R. Privy Council 107. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Mahbuhey ...... the R.S. khatian but in the column of 'Comment' wrongly the name of Abdul Hamid was recorded. The P.S. khatian was also preÂpared wrongly according to R.S. Khatian. But in the B.S. khatian the said mistake was corrected. The defendants have been owning and possessing the suit land by regular payme..Category: Property Law | Date: | Hits: 65
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......…………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapashi Bhattacharjee Vs. Bangladesh & others, 2004......nt No. 4 and other materials on record. 8. The petitioner has contended that he is the owner of the vessel FV Shin Fa Chern # 20 with the flag of China; that the said vessel owing to pure accident/mistake entered into the Bangladesh fisheries waters when it was seized by the Bangladesh Navy. A ca..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
....and they were allowed to join their respective positions of employment, only the petitioner was transferred without his consent to a new place even though there is only transmission work there and no clerical job for him.
5. Being aggrieved, the petitioner has filed Writ Petition No. 6822 of 2001......tas Gas Transmission and Distribution Company Ltd. and others……..Respondents
Judgment
August 16, 2005.
Cases Referred to-
Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another, 1990 BLD (AD) 71; Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and a...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ...... Judgment March 7, 2006. Case Referred to- Seth Shivrottam G Mohatta Vs. Messrs Mohammadi Steamship Co. Ltd, 17 DLR 487. Lawyers Involved: Sk Zulfiqur Bulbul Chowdhury, Advocate—For the petitioner HN Nondy, Advocate—For the Opposite Parties. Civil Revision No. 1255 of 20......of the defendant that the learned advocate for the defendant was on his legs in the court of the learned District Judge for which he could not move that application. A client cannot suffer due to the mistake of his Advocate. In this connection, we profitably, may refer the case of Seth Shivrottam G ..Category: Property Law | Date: | Hits: 115
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