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Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ....... Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD) 172; Mujibur Rahman Vs. Government of Bangladesh 44......to the writ petition. Copy of the seniority list were also sent to the concerned officers including this petitioner to ascertain the correctness of their seniority and to file petition in case of any mistake. The learned Advocate for the petitioner vehemently challenged the seniority list prepared s..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......s. Md. Raisuddin and others .....................Respondents Judgment October 6, 2010. Case Referred To- Chhajju Ram Vs. Neki, AIR 1922 P.C.112. Lawyers Involved: Awlad Ali, Senior Advocate, instructed Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented...... new and important matter or evidence, which after exercise of due diligence, was not within his knowledge or could not be produced by him at the time when judgment or order or decree was passed, (b) mistake or error apparent on the face of the record and (c) for any other sufficient cause. 7. A ..Category: Property Law | Date: | Hits: 48
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149....... Judgment July 11, 1998. Cases Referred to- Sakhawat Hossain vs. Chowdhury Muhammad Sarwar and another, PLD (Dhaka) 1968 at page 557; Faziul Khan vs. Agrani Bank and others, 45 DLR 375; Shorab Merwanji Modi and another vs. Mansata Film Distributors and another, AIR 1957, Cal page 727. ......District Judge, Dhaka against the impugned order dated 28-3-94. The petitioner invoked the application of section 14 of the Limitation Act due to prosecuting the case in a wrong forum out of bonafide mistake. Heard the learned Advocates of the parties on the point. The explanation for delay furnishe..Category: Property Law | Date: | Hits: 57
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ...... Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Mozammel Hossain J QC Shipping Limited and another………………Petitioners Vs. Chittagong Port Authority and others……………………….... Respondents Judgment August 6, 1998.......us, mandamus, prohibition, quo warranto and certiorari. According to the petitioners a Writ which is in the nature of mandamus can be appropriately used where money has been paid to the Government by mistake to give a relief by commanding. The learned Judge further proceeded to observe; “For..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......……….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture......ent for sale agreed that the loan was granted under ADP as short term loan. The petitioner claims that it was clearly pointed out in the summary of findings that the Auditor Rahman Huq and Company by mistake showed the loan as long term loan in the balance sheet of Madina Tannery but actually the sa..Category: Others | Date: | Hits: 95
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......……….Petitioner Vs. Gour Gopal Datta and others………………………Opposite Parties Judgment April 28, 1998. Lawyers Involved: Md. Mozaffar Hossain, Advocate — For the Petitioner. Bivash Chandra Biswas with SS Halder, Advocates — For the Opposite Parties. ......ansferred the said land to his son the plaintiff, on 19-4-1973 by a heba-bil-ewaz deed. It was further alleged that the MRR Khatian did not record the name of the vendor of the plaintiff due to sheer mistake and this clouded his title on the suit land as a result of which the suit land was not recor..Category: Property Law | Date: | Hits: 88
Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......thers.............Respondents (In Civil Petition No. 1333 of 2008) Judgment November 9, 2008. Lawyer Involved: A.K. Badrul Huq, Advocate, instructed by A.K. M.Shahidul Huq, Advocate-on-Record-For the Petitioner (In Civil Petition Nos. 1498-1499 of 2007). Asaduzzaman, Advocate, instruc...... into 6 Khatians being numbers 1591-1595 in the names of Altabuddin and others; subsequently Roshik Chandra died leaving behind son Jogesh Chandra and Shotish Chandra died leaving being son Horipada; mistakenly the heirs of Jogesh Chandra got the land of Dag No.3123 and subsequently Horipada died le..Category: Property Law | Date: | Hits: 62
Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)
....rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......…….Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: Mahinudul Islam, Advocate — For the Appellant. Kh Mahbubuddin Ahmed with S M Munir, Advocates — For the Respondents. App......matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to ..Category: Property Law | Date: | Hits: 59
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... Judgment August 19, 2010. Cases Referred to- Sparks V. Martyn (1669), 1 Vent.1. R.V. Lefroy, (1873) L.R.8 QB 134, Re. Abdool, 8 WR Cr 31, Sukhdev Singh V. Teja Singh, AIR 1954 SC 186, Emperor V. B.G. Horniman, AIR 1945 All 1 p. 4 (M), Andre Paul and Terence Ambard V. The Attorney General ...... facts cannot be treated as offence, for token punishment. The said contemner also failed to appreciate that the author of the report, the respondent No.4, Waliullah Noman, admitted his ignorance and mistake in preparing the said report-in-issue and thereby committed the offence of the contempt and ..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Surendra Kumar Sinha J MA Qasem…………………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…………………Respondents Judgment November ......cts of the case reported in 12 BLD (AD) 156 is that plaintiff filed 2 suits, one was a title suit and another was a money suit against the common defendants and that through inadvertence and bonafide mistake learned Advocate of the plaintiff of the said suits filed the documents relating to Title Su..Category: Civil Law | Date: | Hits: 90
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......nts Judgment December 8, 1998. Cases Referred To- AIR 1937 (PC) 114; 1966 PLD (SC) 724. Lawyers Involved: Syed Istiaque Ahmed with Shafique Ahmed and Kazi Kamrul Alam, Advocates—For the Petitioner. Mahmudul Islam, Attorney-General with Obaidul Hasan Shahen Assistant Attorney ...... application for summary adjudication under section 180 of the Customs Act but without any adjudication made by the customs officials under section 180 of the Customs Act the respondents No.1 under a mistaken view of law and fact termed the violation as a technical violation of the Import policy ord..Category: Fiscal/Taxation Law | Date: | Hits: 83
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....portion of the said petition. The provision of section 369 of the Code of Criminal Procedure clearly bars alteration of a judgment in a Criminal matter where it is already signed excepting to correct clerical error if any. 5. In (his case, there is no allegation of any clerical error. The allegat...... State……………………………. Respondent Judgment August 12, 1999. Case Referred to- Babulal Agarwala vs. State 13 DLR 1. Lawyers Involved: Abdul Malek, Advocate — For the Petitioner. Criminal Miscellaneous Case No. 1332 of 1998. Judgment Abu Sayeed Ahamme...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....portion of the said petition. The provision of section 369 of the Code of Criminal Procedure clearly bars alteration of a judgment in a Criminal matter where it is already signed excepting to correct clerical error if any. 5. In (his case, there is no allegation of any clerical error. The allegat...... State……………………………. Respondent Judgment August 12, 1999. Case Referred to- Babulal Agarwala vs. State 13 DLR 1. Lawyers Involved: Abdul Malek, Advocate — For the Petitioner. Criminal Miscellaneous Case No. 1332 of 1998. Judgment Abu Sayeed Ahamme...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...Category: Criminal Law | Date: | Hits: 52
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ..................Opposite Parties Judgment January 23, 1989 Case Referred to- Mali Mandal and another vs. Khirode Bala Debya, 12 DLR 745. Lawyers Involved: Shahabuddin Faiz, Advocate—For the Petitioner. Mamtazuddin Ahmed, Advocate—For the Opposite Party No. 3. Civil Revisio...... this present Rule arises; the name of the opposite party No.1 appears. Mr. Faiz submits that the heirs of the deceased Nurun Nahar Begum were not made parties in the main application due to bonafide mistake. Mr. Faiz submits that for the proper prosecution of this case the heirs of the deceased opp..Category: Procedural Law | Date: | Hits: 81
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....an within the scope of the Union Parishads Ordinance itself. The term "Office" in literary sense, means a place for transacting business of an establishment in which any kind of administrative or clerical work is done. Thus "functions" of the office of the Chairman can be said are only those fun......of Bangladesh, Dhaka & others.......................... Respondents Judgment November 22, 1988. Lawyers Involved: Serajul Hoque, with Amir Hossain and Abdul Matin Khasru, Advocates—For the Petitioner. Abdul Wadud Bhuiyan, the Additional Attorney General with Abdul Kader Chowdhur......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
...... accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
...... view that it ought to be withdrawn, non-appointment of that person, for reasons to be recorded, may be permissible in the public interest. If non-appointment in case on this ground turns out to be a mistake that mistake in the ultimate public interest is less harmful than a wrong appointment. Howev..
Category: Constitutional Law | Date: | Hits: 252
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ...... SCC 1; Indian Bank vs. Satyam Fibres (India) Pvt. Ltd. 1996(5) SCC 550; Lazarus Estate Ltd. Vs. Beasley, 1956(1) QB 702. Lawyers Involved: Ajmalul Hossain with Aminul Islam Monda, Advocates—For the Opposite Party No.1 Applicant. Maqbul Ahmed, Advocate—For the Petitioners. Civil Orde...... Court, the Courts have been held to have inherent power to set aside an order obtained by fraud practiced upon that Court. Similarly, where the Court is misled by party or the Court itself commits a mistake which prejudices a party the Court has the inherent power to recall its order.” (emphasis ..Category: Civil Law | Date: | Hits: 125
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....t the learned District Judge also in separate judgments dated 26.2.87 allowed the appeals and dismissed the suits. 2. Both the petitioners Md. Shahabuddin and A.B.M. Hamid Khan were members of the clerical staff (clerk and cashier respectively) of Chawk Bazar Branch, Barisal of the Janata Bank an......visional Jurisdiction) Present: DM Ansaruddin Ahmed J Md. Shahabuddin...................................Petitioner Vs. The Janata Bank, Bangladesh represented by the Managing Director & others...........Opposite Parties Judgment November 30, 1988. Cases Referred to- ......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
....ce not falling within the definition of employer who is employed in an establishment or industry for hire or reward, directly or through contract or to do any skilled, unskilled, manual, technical or clerical work where the term employment be expressed. “Trade Union” which has been defined in se......1975 (SC) 2023; AIR 1970 (SC) 1407; AIR 1973 (SC) 2032; AIR 1975 (SC) 2023; AIR 196O (SC) 610; AIR 1970 (SC) 1047.
Lawyers Involved:
Mohammad Ozair Farooq with Shakhawat Hossain, Advocates — For the Petitioner.
SM Zillul Huq with Abdul Mannan Bhuiyan with Abdul Mannan Khan and Mahmudul Ha......sident’s Order 15 of 1973 and the petitioner union continued to function as a trade union with the members of the respondent No.4 treating Respondent No.4 Commission as an industry or establishment mistakenly and therefore step was taken under section 10(2) of the Industrial Relations Ordinance, 1..
Category: Labour and Industrial Law | Date: | Hits: 158
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......…………………Petitioner Vs. Badrun Nessa Chowdhury……………..Opposite Party Judgment April 3, 2002. Case Referred To- AZM Khalilur Rahman vs. Md. Syed Hossain and ors 25 DLR 485; AIR 1934 All, 450. Lawyers Involved: Samarendra Nath Goswami, Advocate—For ......er XXIII rule 1 of the Code of Civil Procedure with a copy to the other side for withdrawal of the suit with liberty to sue afresh on the self-same subject matter contending, inter alia, that through mistake and inadvertence some formal defects took place in the petition by reason of which the petit..Category: Procedural Law | Date: | Hits: 83
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