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State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267....... Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet…………… Contemners-Opposite Parties. Judgment May 24, 2005. Cases Referred to- State Vs. Farooq Ahmed, Subordinate Judge, 51 DLR 515 at page 516; Shamsur Rahman Vs. Tahera Nargis, 44 DLR (AD) 237; State Vs.......d Advocate appearing for the contemner No. 1 Harun Chowdhury, submits that contemner No. 1 begs unconditional apology and prays to be pardoned and exonerated from the charge of contempt and that such mistake would not be repeated in the future and he shall remain utmost cautious to comply with the o..Category: Civil Law | Date: | Hits: 1272
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......l and Co. PLD 1958 (WP) Karachi 27; Mohammad Shafi Vs. Mohammad Sabir, PLD 1960 Lah 591; Abdus Salam and another Vs. Osman Gani and another, BCR 1984 (AD) 346. Lawyers Involved: M. A.Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-On-Record-For the Appellant A.W. Bhuiyan, Senio......and thereby the trial court failed to apply its judicial mind and committed error of law in making the award a Rule of the Court without any basis. The High Court Division has also committed the same mistake as a final court of fact and therefore erred in law in arriving its findings and deciÂsions..Category: Alternative Dispute Resolution | Date: | Hits: 187
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. .........................Opposite Parties. Judgment August 30, 2005. Case Referred to- Abdul Wahab Vs. Samad Ali, 33 DLR (AD) 113. Lawyers Involved: Md. Abul Kalam Chowdhury, Advocate—For the Petitioner. Md. Khalilur Rahman Bhuiyan with Mohammad Mofazzal Hossain, Advocates—For th......ended, inter alia, that the case is not maintainable in law, inasmuch as the opposite party No. 3 mortgaged the case land to opposite party Nos. 1-2 by a registered kabala dated 21-12-1997 but due to mistake the kabala was written as a sale deed instead of mortgage deed. Thereafter, the vendor of th..Category: Property Law | Date: | Hits: 67
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......................................................................Respondents. Judgment March 25, 2004. Cases Referred to- Howell Vs. Falmouth Boat Construction Ltd, [1951] 2 All England Reports 278; Delhi Cloth and General Mills Ltd Vs. Union of India, AIR 1987 SC 2414; Howell Vs. Falmout......action; and with the taking over of possession of the cinema hall, the Ministry of Industries took over possession of the suit shops as well. The Ministry of Industries, therefore, did not commit any mistake in entering into an agreement with the plaintiff to sell the suit property and the learned S..Category: Property Law | Date: | Hits: 159
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......Bhajan Lal and others, AIR 1992 (SC) 604; Messrs Pepsi Foods Ltd and another Vs. Special Judicial Magistrate and others, AIR 1998 (SC) 128. Lawyers Involved: Mahmudul Islam with Probir Neogi—For the Petitioner. Abdur Rezaque Khan, Additional Attorney-General—For the Respondents. Wri...... them denied ownership in respect of the aforesaid consignment but the other alleged owner, that is, the first owner. Cargo Movers did not deny the ownership. Under section 45 of the Customs Act, any mistake in the import general manifest (1 GM) can be corrected; and, as such, there was possibility ..Category: Criminal Law | Date: | Hits: 158
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 AFM Zubair, Advocate- fo......bsequently, on two dates the plaintiff himself paid the balance of the consideration to Sharijan Nessa in presence of witnesses, before his death Amir Hossain Miah by an “Ekrarnama’ admitted that mistake and relinquished all his interests in the suit land by way of the agreement. In spite of rep..Category: Property Law | Date: | Hits: 91
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 2004. Cases Referred to- Atul vs. Rau Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957 Lahore 971; Modan Mohan......5-5-94 the suit land was allotted to the plaintiff. On 20-7-94 possession was delivered. On 19-10-95 lease deed was registered and on 23-4-95 name of plaintiff was mutated. Subsequently, as there was mistake in the allotment, residential plot was allotted and on 27-7- 95 the lease deed was registere..Category: Property Law | Date: | Hits: 83
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ...... 215; Krishna Reddiar and others vs. Ramanyja Reddiar and another, AIR 1929 Madras 492, Md. Mahmud Miah vs. Ludu Miah and others, 1992 BLD 23. Lawyers Involved: Muzibur Rahman Miah, Advocate—For the Petitioners. Garib Newaz, Advocate—For Opposite Party Nos. 1 to 8 and 30. Civil Revis......t once the report of the Commissioner dividing the suit land is accepted by the trial Court on the basis of evidence on record, such report should not be interfered with in appeal unless there is any mistake, resulting in miscarriage of justice. 18. The power of the Commissioner is limited by the..Category: Property Law | Date: | Hits: 70
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......st 09, 2001.
Cases Referred To-
Kamal Anwar and others Vs. Md. Kabir Khan, 1985 BLD 157; Raja Debi Baksh Singh Vs. Habib Shah, 1913 CLJ (PC) 9.
Lawyers Involved:
Moksed Ali, Advocate—For the Petitioners.
Not represented— the Opposite Parties.
Civil Revision No. 2444 of 1993.......ode dealing with the case of non-appearance of a suitor were inapplicable to a situation when the suitor is dead- Quite apart from section 151 CPC the Court possesses an inherent power to rectify its mistake committed inadvertently. In this reported case the learned Judge placed reliance on a case r..
Category: Procedural Law | Date: | Hits: 106
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......17, 2001. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR 493, Jhanda Singh and another Vs. Harman Singh and others, AIR 1926 Lahore 415, Sheikh Karimullah Vs. Gudar Koeri and others, AIR 1925 Allahabad 56, Gopal Das and another ......as half invalid in respect of the share of defendant No.1 only but valid in respect of other half, i.e. in respect of Parul Bala. According to the appellate Court, the trial Court therefore committed mistake in decree in the suit. But the appellate Court dismissed the suit in its entirety. This view..Category: Property Law | Date: | Hits: 75
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Applicant Vs. Commissioner of Taxes ……………………………Respondent. Judgment August 20, 2000. Lawyers Involved: Md. Altaf Hossain, Advocate—For the Applicant. Not represented—the Respondent. Reference Application No. 78 of 2000. J......ntly and handed over the same to her lawyer on 26-3-2000. Thereafter, an application was filed before the Tribunal under section 173 of the Ordinance, 1984 for rectification as the order itself was a mistake on the very face of it as the investment in the year 1968 to 1986 cannot be income during th..Category: Fiscal/Taxation Law | Date: | Hits: 108
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ......¦â€¦â€¦â€¦Petitioner Vs. Chairman, RAJUK and others ……………………….Respondents. Judgment March 13, 2000. Lawyers Involved: Moudud Ahmed with Matiur Rahman, Advocates—For the Petitioner. Shah Khasruzzaman—For the Respondents. Writ Petition No. 3599 of 1998. ......ied commercial building and got the plan approved without considering the engineering and technical aspect and without looking to the previous comment the said plan was approved by the respondents by mistake and having inspected the place the respondent No.3 issued the impugned memo dated 2-11-98 an..Category: Property Law | Date: | Hits: 114
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ...... Singh, (1989) 2 SCC 505; Munnich Vs. Godstone RDC, (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania Amir, MA Tariq, MA Hannan and Manzil Murshed, Advocates—For the Petitioners. AKM Saifuddin Ahmed with Masood Reza Sobhan, Mahmuda Parveen Poppy, Advocates......y its decision dated 21-06-99. The petitioner was accordingly informed of the decision by the letter dated 24-06-99. 19. The respondents have also stated that the sanction was accorded by bonafide mistake. Because, there is a legal bar for construction of a building more than 6th floor in and aro..Category: Property Law | Date: | Hits: 125
....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......sh Vs. Md. Masder Hosain, 7 BLC (AD) 92; Hussain Bakhsh Vs. Settlement Commissioner, Rawalpindi PLD, 1970 SC 1 = 21 DLR (SC) 456; Fehmida Khatoon Vs. Additional Deputy Commissioner (Consolidation) Lahore and others, PLD 1975 Lahore 942; Hussain Bakhsh Vs. Settlement Commissioner, Rawalpindi, PLD 197......n is reheard 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: Others | Date: | Hits: 119
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......st Pakistan, 14 DLR 486; Province of East Pakistan Vs. Kalu Mia, 13 DLR 528; Province of East Pakistan Vs. Sharafatullah, 19 DLR 237. Lawyers Involved: MA Samad with MGH Ruhullah, Advocates‑ For the Appellants. Mahbubey Alam with Md. Harun-or-Rashid, Advocates-For Respondent No. 3. Nih......amounting to Taka 2,92,000 paid by the respondent by challan for the period from 9‑9‑1960 to 29‑11‑1976 and the compensation paid by the Government under section 7(AA) of the Act were made by mistake. 17. Mr. MA Samad, the learned Advocate appearing on behalf of the appellants, has conten..Category: Property Law | Date: | Hits: 95
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. .........Respondent (In Criminal Petition No. 43 of 2009) Arju ................Respondent (In Criminal Petition No. 44 of 2009) Judgment October 6, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructÂed by B. Hossain, Advocate-on-Record-For the Petitioner. (In all the cases)...... public prosecutor ought to have prayed for treating Nuru Mia as an approver of the case with a view to obtainÂing at the trial the evidence but for reasons not known to us, he committed the similar mistake by singing chorus with the invesÂtigating officers. If this Nuru Mia was examined by the pr..Category: Criminal Law | Date: | Hits: 47
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......ty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......vocates for the respective parties. It appears from the impugned order that the respondent No. 1 allowed the rectification application only on the ground that in the first place they have committed a mistake in allowing the registration of the trade mark of the appellant because "State Express" is a..Category: Intellectual Property Law | Date: | Hits: 226
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ...... Bihar, AIR 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR ...... in all legal systems where the rule of law prevails. There are two requirements in this Article, which are to be complied with to afford the earliest opportunity to the arrested person to remove any mistake and misapprehension in the minds of the arresting authority and also to know objectively wha..Category: Criminal Law | Date: | Hits: 70
Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)
.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......ate, 1994 BLD 82; Shamsul Haque Ladu and another Vs. State, 2000 BLD 531 = 5 BLC 550; Nozrul Islam @ Monto Vs. State, 1999 BLD 188 = 50 DLR 103. Lawyers Involved: Md. Abdul Alim Miah, Advocate-For the Appellant‑Petitioners. Sheikh A Awal, Deputy Attorney-General-For the State. Criminal......ce witness. That on 21‑9‑2003 the case was fixed for DWs and on the same day the learned Advocate for the appellants on perusal of the case records found that due to inadvertence and by bona fide mistake some material questions have not been suggested to the prosecution witnesses and, as such, f..Category: Criminal Law | Date: | Hits: 48
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... correctly stated in the prayer portion of the plaint, but in schedule "Kha" of the plaint the present plot number has been wrongly stated as No. 331 instead of 313. He submits that this is clearly a clerical error and hence amenable to correction under section 152 of the Code of Civil Procedure. ......rnanandarn AIR 1949 (Madras) 282; Sree Narayan Chandra Panda Vs. Md. Mahbub Ali and others, 9 BLT (AD) 197. Lawyers Involved: Sadananda Rana, Advocate on behalf of Chandi Charan Paul, Advocate-For the Petitioners. Not present-the Opposite Parties. Civil Revision No. 2472 of 1994. Judg......is not acceptable, having been filed after 35 years from the date of the decree, is itself an error of law. The learned Advocate submits that section 152 is an inherent power of the Courts to correct mistakes occurring in the judgments, decrees and orders. In support of his contention he has referre..Category: Property Law | Date: | Hits: 61
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