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Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......ul Islam vs. State, 1983 BLD 162, Md. Azad Sheik @ Azad SK vs. State 1988 BLD 505 = 41 DLR 62 and Zaheda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advocate—For the Appellant (In Criminal Appeal No. 1752 of 1997). Saifuddin Md. Aminur Rahim, Deputy At......en time for reflection. He was produced in the chamber at 10-00 AM and he was sent to the jail custody at 1Â30 PM. In view of the above, we are satisfied that due to lack of knowledge or inadvertent mistake the Magistrate has not filled up column No. 9 in the confession form and this defect alone i..Category: Criminal Law | Date: | Hits: 38
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......ew Age Garments Ltd. and others ………….Petitioner Vs. Government of Bangladesh and others.…….. .Respondents Judgment October 31, 2001 Lawyers Involved: Dr. M. Zahir Senior Advocate, with AHM Mizanur Rahman, Advocates—For the Petitioner. AFM Hassan Ariff Attorney-G......f Part 11 of the Constitution. He has argued that this court has responsibility to establish such equality as provided in those Articles, In this connection, he has also argued that for any technical mistake in observing the procedure laid down in any law or rules, a citizen should not be deprived o..Category: Labour and Industrial Law | Date: | Hits: 96
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29....... Cases Referred To- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19; Abdul Mannan Sikder Vs. Motilal Dhupi, 50 DLR 403. Lawyers Involved: M Qumrul Haque Siddique, Advocate‑ For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996.......urt by the sheristadar, nor any information given by the sheristader to them regarding court's direction for filing postal requisites or any show cause contemplating dismissal of the said case convey mistakes on the part of the Court's official. Undisputedly, on an application under section 151 of t..Category: Property Law | Date: | Hits: 36
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ...... Others……………Opposite Parties Judgment December 2, 1999. Cases Referred To- 28 DLR 252; 43 DLR (AD) 128 and AIR 1979 Cal. 196. Lawyers Involved: Md. Marfat Ali, Advocate—For the Petitioner. Zainul Abedin and Prasanta Kumar Basu, Advocates—For the Opposite Party No....... application stating that on the previous date he filed the hajira giving the case number but without mentioning the year and prayed for exemption from showing cause. He also prayed for mercy for the mistake. But the Court was not satisfied and dismissed the case for want of steps by its order passe..Category: Civil Law | Date: | Hits: 69
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......‑call at any stage a witness who has been examined and cross-examined. The powers under the rule are very wide and Court can re‑call witness even while considering its judgment, if any, ambiguity or omission is noticed. The power can be exercised suo motu and also at the instance of a party…â€......ittee sold the same to the plaintiff No. 2 by a kabala deed dated 6‑4‑1966 and has given delivery of possession. The plaintiff No. 2 in this way in all has acquired 1.88 acres of land. But due to mistake be could not claim that 1.88 acres of land but he claimed only 0.87 acres of land which was ..Category: Property Law | Date: | Hits: 34
....f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......¦â€¦Petitioners
Vs.
Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others……Respondents
Judgment
May 20, 1999.
Lawyers Involved:
M Quamrul Hassan, Advocate—For the Petitioners.
Not represented—the Respondents.
Writ Petition No.6948 of 1997.
Judgm......The case property which has been declared as abandoned property in the ‘ka’ list of the abandoned buildings as published in Bangladesh Gazette dated 23-9-86 at page 9962 (161) at Serial No. 81 by mistake as the property was rightly recorded in the name of Begum Nessa Bibi in the SA Khatian No.70..
Category: Property Law | Date: | Hits: 28
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....strial Relations Ordinance, 1969. Under section 2(v) of the Standing Orders Act, 'worker' means any person employed in any shop, commercial of industrial establishment to do any skilled, unskilled or clerical work, but does not include any person who is employed mainly in a managerial or administrat......Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Referred To- Mujibur Rahman Sarkar vs. Chairman, Labour Court, Khulna 31 DLR 301; Indo-Pakistan Corporation Ltd. vs. Chairman, Labour Court 21 DLR 265; Dosta Textile Mills Ltd. vs. Sudhansu Bikash ...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..Category: Employment/Service Law | Date: | Hits: 69
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
.... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......rict Judge, Chuadanga and others, 37 DLR 235; Md. A Ghafur Mondal vs. Md. A Samad Talukder and another, 1993 BLD 485. Lawyers involved: Idrisur Rahman with Md Shahidullah, Advocates— For the Petitioner. Not represented- the Opposite Parties. Civil Revision No. 4329 of 2......margin of 23 votes out of 1734 votes cast. Upon such view, the revision Court reversed the order of the Election Tribunal for recount. 14. I have also examined the record. I could not find any mistake in the above findings of the revision Court. The revision Court was however, wrong in findin..Category: Election Law | Date: | Hits: 99
.... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
......njo vs. Padmanasah Iyer Harihara Iyer AIR 1965; Mohan Jogani Rice and Atta Mills vs. Ram Lal Onkarmal Firm and others AIR 1957 Assam 133.
Lawyers involved:
AKM Asiful Hoque, Advocate—For the Petitioners.
Shaheed Alam, Advocate—For Respondent No.2.
AJ Mohammad Ali, Att......n fulfil the demand of section 56 of the said Ain as we have discussed in detail. A court of law is bound to proceed upon the assumption that the legislature is an ideal person that does not make any mistake. It is an elementary rule of construction that the plain intention of the legislature is to ..
Category: Civil Law | Date: | Hits: 90
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......er Vs. State…………………………………………………..Opposite Party Judgment August 31, 2005. Lawyers involved: Maqbul Ahmed, Advocate — For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant A......er ascertain the matter by examining the complainant or did he ascertain through any other agency. In the light of the above mentioned legal position, it appears that the learned Magistrate committed mistake initially for taking cognisance of the matter, the learned Magistrate failed to take proper ..Category: Criminal Law | Date: | Hits: 41
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with reÂgard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37....... Ed. This Case is also Reported in: 41 DLR (1989) 37.......rder if the ofÂfender, while deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident." And Exception 4 of the said Section of the PenÂal Code reads as follows: -..Category: Criminal Law | Date: | Hits: 52
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......also Reported in: 40 DLR (1988) 36.......at on 10.4.86 the Bangladesh Shipping Corporation was informed by another order of the Court to deposit the attached amount to Court, but instead of mentioning the correct amount of Tk.8,75,739.97 by mistake the Court mentioned Taka 8,93,451/47 which mistake should be corrected, that the plaintiff d..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ...... August 17, 1987. Result: The appeal is dismissed. Case Referred to- Firm Kaura Mal Vs. Firm Mathra Dass, AIR 1959 (Punjab) 646. Lawyers Involved: Khondker Mahbubuddin Ahmed - for the appellant. Fakir Abdul Mannan with Zakir Ahmed - for the respondents. Appeal from Origi......he instruct his learned Advocate. In such circumstances the suit was decreed ex parte on 16.7.80. His learned Advocate, owing to inadvertence, pursued the cause list of Title Suit No. 322 of 1980 and mistakenly noted in his diary that the title suit in question was fixed for hearing on 18.8.80 and t..Category: Procedural Law | Date: | Hits: 101
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......March 22, 1999. Cases Referred To- Kazi Md Amirul Islam Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs Bangladesh and others 16 BLD (AD)110 ; Mostafa Kamal Moulvi Mohammad Khorshed Vs. Secretary Ministry of Law, Justice and Parliamentary Affairs, 50 DLR (AD) 82. Lawyers ......7 of this court and to file an explanation within 2 weeks from the date of receipt of the copy of the said order. 30. Said contemner filed affidavit begging unconditional apology for unintentional mistake as the application for appointing Nikah Registrar was pending before the Ministry since befo..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......ddin J Abdul Hamid Chowdhury and others…………. Applicants Vs. Commissioner of Taxes….. Respondent Judgment May 29, 2000. Lawyers Involved: Khandker Faziur Quadir—For the Applicants. Dabiruddin Ahmed, Deputy Attorney General—For the Respondent. Reference A...... in law in not considering the fact that the DCT estimated the professional income on the basis of past record but estimated the income higher than the previous year baselessly and committed the same mistake in case of family expenses. 9. Mr. Dabiruddin Ahmed, the learned Deputy Attorney-General ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
....udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......inha J Most. Sajeya Begum and others…….....Petitioners Vs. Md. Shahidul and others…………........Respondents Order February 11, 2010. Lawyers Involved: Abdul Quayum, Senior Advocate instructÂed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not rep......at the High Court Division failed to conÂsider that the suit was filed alleging posÂsession in the suit land through Court hence the decree for khas possession withÂout alleging dispossession is a mistake of law occasioning failure of justice. The learned Counsel further submitted that the High C..Category: Property Law | Date: | Hits: 23
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....we find no subÂstance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......es (Pvt.) Limited……………........Petitioner Vs. Bangladesh and others……………......Respondents Judgment February 11, 2010. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No......d on his loan amount. It has been proved that the bank allowed remission of 100% of the penal interest and 100% of the unpaid simple interest of the writ-petiÂtioner. But the concerned Bank official mistakenly allowed remission of paid up simple interest also and consequently, made an error in calc..Category: Banking Law | Date: | Hits: 95
....costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......nd another Vs. Yakub Ali 46 DLR (AD) 13 and Additional Deputy Commissioner (Revenue) Vs. Md Khairullah and another 49 DLR 472.
Lawyers Involved:
Dr. AKM Ali with AB Showkat Ali, Advocates — For the Opposite Parties.
Bhivash Chandra Biswas, Assistant Attorney-General with Nirmalendu Deb, ......g a petition under section 115 of the Code of Civil Procedure and obtained present Rule.
10. Petitioners by way of a supplementary affidavit dated 3 1-7-2000 raised contention that due to bonafide mistake and lack of attention of previous Government pleader in informing the result of Title Suit N..
Category: Limitation Law | Date: | Hits: 152
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, 2010. Lawyers Involved: M......20 sq yards but in the memo of delivery of possession as well as in the schedule of the registered of lease was wrongly measured as 533.33 sq yards which was simply a wrong measurement under a mutual mistake. It may be mentioned here that total compact land within the boundary of the suit land being..Category: Property Law | Date: | Hits: 44
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......………Petitioner Vs. State…………………..Opposite Party Judgment October 1, 2000. Lawyers Involved: Moudud Ahmed with Maharunnessa, Advocates—For the Petitioner. AKM Shamsuddin Ahmed Chowdhury, Deputy Attorney-General with Naima Haider,......one Mark Sharp in Luton in the United Kingdom. Prior to the verbal notes the British Home Ministry wrote it’s Mission in Dhaka for the petitioner’s extradition. The petitioner was released due to mistake and the Court sub-inspector rightly brought to the notice of the learned Sessions Judge, Syl..Category: Criminal Law | Date: | Hits: 87
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