Search Options
Judgment Advanced Search
Displaying 21-40 of 590 results.
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error or mistake on the face of the record………………&.....................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The appeal is allowed. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard ......cord exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change the decision taken in the main judgment. It is only meant for correction of clerical error or mistake on the face of the record…………………(21) M..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......(AD) 44; Dr. Mohiuddin Farque Vs. Bangladesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR (AD) 130; Brae Bank Vs. Bangladesh, 54 DLR (AD) 34. Lawyers Involved: Mahbubey Alam, Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Muzammel H......sion, it was stated that the omission of "nm" did not prevent one from choosing the correct alternative since the only representative abbreviation for radius is "nm". The spelling mistake in question No.8 was admitted. It was further stated that question Nos.2, 21, 25, 38, 40, 44..Category: Others | Date: 22 Nov, 2012 | Hits: 20
MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)
....r judgment.— Save as otherwise provided by this Code or by any other law for the time being in force no Court when it has signed its judgment shall alter or review the same, except to correct a clerical error. 13. On careful scrutiny of the above provision of law it is clear th......………………………..Opposite-Parties Judgment November 21, 2012. Result: The application is rejected. Norms and practice It is the norms and practice of the Court that to hear a matter before a Vaca......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ..Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......€¦â€¦â€¦Petitioners Vs. Mrs. Mohsina Rahman alias Joya …………………..Opposite Party Judgment October 15, 2012. Result: Rule is discharged. Cases referred to- Abdul Noor (Md.) alias Gunnu Mia and another Vs. Makhan Mia alias Md. Laisuzzaman and others 60 DLR (AD) (20......esent plaintiff-opposite party filed the present suit for declaring the recording in R.S. Khatian in the name of Government as illegally and unlawfully made by the office of the government by a gross mistake and nor binding upon the present-opposite party. 6. The present defendant-petitioner, th..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....tive posts. 18. The High Court Division considering the provisions of sections 4(1) and (2) of the Act, 1965 further held that the petitioners being workers and their functions not being of clerical nature, their period of probation shall be 3(three) months including breaks due to leave, i...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and ......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ....... Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always b......has given a court enough power to grant relief Which the plaintiff or defendant claims. In the instant case the relief was claimed but the prayer portion was not specifically written which was a mere mistake. In view of the above, the submissions as made by Mr. Nurul Amin does not bear any merit and..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advice of his learned Lawyer and so the plaintiff ...... of the Limitation Act. It appears that petitioner on the advice of the learned advocate, (in the case of Debabaria Chatterjee Vs. Md. Munsur Ali 36 DLR 136 it is held even senior Advocate can commit mistake) filed review instead of moving High Court Division in revision and this wrong prosecution c..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... Vs. District Judge, Dhaka & others.......Respondents Judgment July 8, 2012. Result: The petition is dismissed. Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on......ng an application under article 102 of the Constitution. The concerned Bench of the High Court Division while entertaining the writ petition leading to the issuance of the Rule failed to consider the mistake in the cause title of the writ petition, non impleading of the necessary party, namely: Amer..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
...... Abdul Wahhab Miah J
Syed Mahmud Hossain J
Md. Shamsul Huda J
The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant
Vs.
Orex Network Limited an...... abandoned property.”
It has been further held as under:
“19. The listing of an abandoned property either in the ‘ka’ list or in the ‘kha’ list is not a mistake or a default of the kind that makes the list so prepared illegal. Once a particular property..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......ke step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......med by Grameen Kalyan in its income tax return of the same assessment year. 26. Be that as it may, this question of fact being finally decided by the Tribunal and we having not find any apparent mistake committed by the Tribunal, do not find any reason to decide this question in favour of the a..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......;…………………………….............Respondent Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.29......the news [V-N]. He appears a perfectly normal person [v to inf) She appeared to be in her late thirties (emphasis supplied). They appeared not to know what was happening. There appears to have been a mistake [v (that) it appears that there has been a mistake. It appears unlikely that interest rates ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
.... was issued on 30.6.2006 by the petitioner Mr. Saikat is not an authorized person to comment on the confirmation of the arrival of the goods. Nevertheless, such statement made by Mr. Saikat is a mere clerical mistake, and was not made with the intention to mislead the petitioner and since no L/C was...... the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......ed on 30.6.2006 by the petitioner Mr. Saikat is not an authorized person to comment on the confirmation of the arrival of the goods. Nevertheless, such statement made by Mr. Saikat is a mere clerical mistake, and was not made with the intention to mislead the petitioner and since no L/C was opened t..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Mahmudul Isla......re. The Land Appeal Board, on an erroneous view of the facts and law, affirmed the order of the Assistant Commissioner (Land) dated 05.10.1989 and as such, the Full Board, on review, rectified the mistake in Review Case No.3-108/95(Review-Dhaka) by order dated 09.12.2003. Since the decree passed..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......rs.......................Respondents Judgment May 24, 2012 Result: The Rule is made absolute. Constitution of Bangladesh, 1972; Article 102 (2) (a) (ii) Exercising Statutory Direction- A statutory authority must address himself properly in law in the exercise of st......lary and other benefits. It is noted that the said respondent has nevertheless expressed regret and prayed for unconditional apology for his ostensibly bona fide and unintentional mistake and/or omission/error in the formulation of his earlier letter of 18-8-2011 resulting i..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......CD) (2013) 194.
...... the Institution into account as the said decision of the Syndicate is very much related to the same dispute under reference to the Arbitrator. It is also submitted that the Court below has committed mistake in holding that the Arbitral award is liable to be rejected under section 43(I)-(a) (IV) and..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......ul Alam....................................Respondent Judgment April 29, 2012. Result: This leave petition is disposed of. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners. ......ribunal in considering the merit of an application for restoration. And, in the instant case, the Administrative Appellate Tribunal also followed the order made in the said appeal, but as a typing mistake instead of appeal, it was written as case and the year was also written wrongly as 1999 in ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......p;………….........Respondents Nasima Enterprise..................... ...............Respondents Judgment April 19, 2012. Result: The Civil Petitions for Leave to Appeal are dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, in......ich is not the subject matter of mortgage. Therefore, the Adalat should have made an investigation into the matter to see whether the contention made by respondent No.6 was correct to rectify its own mistake, if any. In such state of affairs the second application filed under Order XXI Rules 100 and..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....eposited within 1 (one) month. The petitioners are permitted to preÂpare the paper book out of Court in accorÂdance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......tition No.684 of 2009) Order April 15, 2012. Result: The leave is granted. Lawyers Involved: Khair Azaz Masud, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners (In Civil Petition No. 642 of 2009). Abdul Quiyum, Senior Advocate in...... a co-sharer by inheritance ought to have been allowed by grantiÂng pre-emption for the entire land but allowing pre-emption in favour of a contiguous owner with ½ of the land under preemption is a mistake of law which occasioned failure of justice." Security of Tk. 1,000/- for each case is t..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......al Appellate Jurisdiction) Present: Md. Rezaul Hasan J Rakibul Islam……………………….Accused-Appellant (In-Jail) Vs. State………………………..............For the Opposite-Party Judgment April 3, 2012. Result: The appeal is allowed. ......e thereon marked as Exhibit 1/1. During cross-examination she has stated that she got admitted to the hospital on 5-6-2010 and that the date of occurrence, written as 5-6-2010 in the FIR was a typing mistake. She has denied the suggestion that she filed this case only to harass the convict-appellant..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ........Appellants Vs. Md. Shamsul Haq Sarder and others.......................Respondents Judgment March 20, 2012. Result: The Appeal is allowed. Lawyers Involved: Horendra Nath Nondi, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Appellants. ......e petitioner or the opposite party to the Rule, Therefore, the application for restoration of the Rule was misconceived and the plaintiff-respondent shall have to face the consequence of his own mistake. 16. Such being the State of affairs it is not at all necessary to enter into the merit..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
85808701890277768718881587717765733896498716853686189390879886207087796184037127