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Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......red To- MA Wahab and another vs. Abul Kalam and another 44 DLR (AD) 13; Mohammad Ramzan Sawadagar vs. AHM Fazlul Huq 15 DLR 99; 34 DLR 325. Lawyers Involved: Syed Mahmud Hossain, Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 81......or information on 3-9-84 and on that the petitioner was informed on 20-9-84 that the FMA No. 13/83 stood dismissed on 16-9-84. It has been contended that the trial Court should have corrected its own mistake under section 151 of the CPC as it is evident from the order dated 14-7-84 that the proper i..Category: Procedural Law | Date: | Hits: 62
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....grachari to Rangamati Operation and Maintenance Division is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 120........Petitioner Vs. Bangladesh Water Development Board & others………………….Respondents. Judgment April 15, 2003. Lawyers Involved: TH Khan with Md. Oziullah, Advocates‑For the Petitioner. Md. Hefzul Bari with Shamsunnahar Bari, Advocates‑For Respondent Nos. 1‑5.......test interest of work. 7. It was further stated that the petitioner joined Rangamati on 30‑6‑2002 and was transferred to Khagrachari on 9‑11‑2002 violating the Rules 1997 and, as such, the mistake was corrected by staying the order dated 9‑11‑2002 and in case of modifying any order of..Category: Employment/Service Law | Date: | Hits: 77
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......also Reported in: 52 DLR (HCD) (2000) 276. ......In this connection, he has also invited our attention to the fact that an inquiry was held by the Court concerned and the concerned staff of the copying department admitted that due to over sight and mistake name of ABM Fazlul Karim was mentioned in the certified copies. Mr. Faruque then produced or..Category: Criminal Law | Date: | Hits: 45
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
.... ‘Worker’ means any person including an apprentice employed in any shop, commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does ......ni Hospital Vs. Kumudini Hospital Karmachari Union & others, 43 DLR 655. Lawyers Involved: Md. Khalilur Rahman with Syeda Afsar Jahan, Zubayer Rahman Chowdhury, Razik Ali Jalil Advocates—For the Petitioner. Shaheed Alam with Mahbubey Alam, Muhammad Safar Ali and Mozammel Hossain, Advo......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...Category: Labour and Industrial Law | Date: | Hits: 99
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......ahman Fakir, 13 DLR (SC) 191; Safia Khatun vs. Mahbubur Rahman, 13 DLR 753; Shah Abdul Hamid vs. Prokash Chandra Nandi and another, 38 CWN 832. Lawyers Involved: Md. Mozibur Rahman, Advocate—For the Petitioners. Shahidul Islam, Advocate—For Opposite Party No. 1-7. Civil Revision No. ......00 was not maintainable, and had the order of this Division been brought to the notice of the Court, the Court would not have made such order on 22-6-2000 and the order was obviously obtained through mistake. Upon such views, by impugned order the execution Court recalled its earlier order dated 22-..Category: Property Law | Date: | Hits: 29
....and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......€¦Petitioner
Vs.
National Board of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissioner of Sales Tax, Lahore Region, Lahore Vs. Messers Associated Hotel (India) Ltd. Lahore, 1969 PTD 490; G Lakshminarayana...... demand having been raised in this case, the petitioner is not required to pay any tax. He further submits that although section 28 of the Act empowers the DCT to assess or reassess tax by rectifying mistakes in respect of an assessment year for which tax has escaped assessment or it was under-asses..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......Appellants Vs. Shaheda Begum and others……………Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers I......eing produced at the time of hearing or the Court has overlooked some material questions of fact or law which would have a good bearing on the decision of the case or there is otherwise some apparent mistake or error on the face of the record. The ground that the Court has fallen into an error in de..Category: Procedural Law | Date: | Hits: 81
.... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......r
Vs.
Sree Khitish Chandra Bhattacharya and anr…………………Opposite Parties
Judgment
December 9, 1999.
Lawyers Involved:
Subrata Chowdhury and Promila Biswas, Advocates—For the Petitioner.
Muhammad Ali with Md. Hossain Ali and Nazrul Islam, Advocates—For the Opposi......y petitioner gave evidence regarding the execution of deed dated 12-2-90 and none of them gave evidence regarding possession of the Debuttar Estate by the petitioner and thus the Magistrate committed mistake in evaluating the evidence of the first party opposite party No.1 and therefore, came to the..
Category: Criminal Law | Date: | Hits: 32
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ....... Abu Taher Bhuiyan & others……………Opposite Parties Judgment November 5, 2000. Cases Referred To- Munsur Ali Mallik vs. Md Nurul Hoque Mallik and others BCR 1986 (AD) 56; Noor Mohammad Khan and others vs. Govt. of Bangladesh and others 42 DLR 434. Lawyers Involved: A......Rule. 5. Mr. Abdul Wadud Bhuiyan, the learned Advocate for the petitioner, has submitted that the learned Courts below committed an error of law decreeing the suit. The learned Judge has committed mistake in not finding that the suit is not maintainable and is barred by section 42 of the Specific..Category: Property Law | Date: | Hits: 23
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ...... credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......ut the wrong shipment of the goods as they shipped DOP instead of finishing agent which was contracted to be supplied. On 28-9-2000 the supplier sent a massage to the appellant intimating that due to mistake of the workers some other goods of similar nature, that is DOP, was filled up in the drum in..Category: Fiscal/Taxation Law | Date: | Hits: 70
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......s. Mohanlal Sindhi); A.I.R. 1942(A11), 82 (Pyare Lal and others Vs. Chhotey Lal and others); A.I.R. 1925(Mad) 578 (Velovolu Ptharaju); 23 D.L.R 461, (Dacca WAS A and another Vs. Roushan Ara Begum and ors.); 28 D.L.R. 17 (S.M. Moazzem Hossain Vs. Md. Anwar and others); A.I.R. 1950 (Cal), 173, (Sris C......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: Procedural Law | Date: | Hits: 95
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183....... State.....................Petitioner Vs. MA Monir & Others..........Contemner Opposite Parties Judgment August 26, 1987. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General - For the State. Mozammel Haque Bhuiyan and AMM Rahim- For the Contemner Nos. 2-4. ......t may take a merciful view of the contemners. The contemner Nos. 2-4 have also exÂpressed their regret and have given an assurance that they would be cautious in future and would not reÂpeat such a mistake ever. They have prayed for merÂcy of this Court and begged the pardon of this Court. 8. ..Category: Criminal Law | Date: | Hits: 35
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......e Parties Judgment December 10, 2001. Case Referred To- Krishnamacharia vs Venkatamma, ILR 36 Madras 214, In re Estate of C V Nayagan, 1936 Rang 466. Lawyers Involved: Lucky Begum for Mashuque Hossain Ahmed, Advocate — For the Petitioner. Not represented — Opposite Party No......e transferred the case to the Court of the Subordinate Judge Arbitration Court at Dhaka who was for the first time found in appeal that he did not have such authority to dispose of the case. For this mistake of the learned District Judge, the petitioner cannot be held responsible nor his application..Category: Property Law | Date: | Hits: 36
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....5 reads as follows: "Commercial establishment" means an establishment in which the business of adverÂtising, commission or forwarding is conducted, or which is a commercial agency, and includes a clerical department of a factory or of any industrial or commercial undertaking, the office establis......also Reported in: 59 DLR (2007) 379. ......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..Category: Labour and Industrial Law | Date: | Hits: 181
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......e in the Office of the Registrar it is his duty to examine who has caused such interpolation before accepting the explanation of the applicant or the noting of his officer to the effect that is was a mistake. It is highly inconceivable that in the month of August a date stamp for the following year ..Category: Intellectual Property Law | Date: | Hits: 199
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-ÂGeneral, Md Jalaluddin, Assistant ...... above facts and circumstances if the case is sent for re‑trial it will be a futile exercise of judicial power and also abuse of process of the Court. 57. The learned Tribunal not only committed mistake in framing charge under sections 365/387 and 342 of the Penal Code but also found the appell..Category: Criminal Law | Date: | Hits: 38
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......spondents Judgment January 18, 2010. Result: The appeal is allowed. Case Referred to- Jaspal Singh Vs. State of Punjab, AIR 1979 SC 1708. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants. A. J. Mohammed ......case of Jaspal Singh Vs. State of Punjab, reported in AIR 1979 SC 1708 wherein Indian Supreme Court held that the science of identifying thumb impression is an exact science and does not admit of any mistake or doubt. We endorse the aforesaid view. 22. We find substance in the submission. The cou..Category: Property Law | Date: | Hits: 39
....n permanent basis. It will be sufficient if he has satisfactorily completed the period of probation. Under section 4(2) of the Act the period of probation for a worker having a function other than of clerical nature is three months. Thus, we are of the view that, a worker who is in temporary nature ......is Case is also Reported in: 46 DLR (1994) 143. ......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....inary decree final as per provision of Order XX rules 6(1) and 7 and Order XXVI, rule 14(3) of the Code. The direction to submit stamp and the drawing and the signing of the final decree are the mere clerical job to be performed by the court staff and that cannot have any bearing to make the decree ......orted in: 54 DLR (2002) 75. ......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......an Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobarak Hossain Vs. The State, 1 BLD 286. Lawyers Involved: Md. Kaisar Ali, Advocate‑ For the Appellant. ABM Waliur Rahman Khan, Assistant AttorneyÂ-General with Md. Jalaluddin, Assis......murdered in a pre‑planned way and his dead body was left in the vacant field and we hold that the prosecution was able to prove its case beyond all reasonable doubt. The trial Court below committed mistake in sentencing the convict appellant to suffer rigorous imprisonment for 30 years but section..Category: Criminal Law | Date: | Hits: 41
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