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Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......nan and others Vs. Akram Ali and others, 43 DLR (AD) 125 & Golam Hafez Mia Vs. Khadem Ali Meah, 29 DLR (AD) 311. Lawyers Involved: Abdus Sobhan Tarafder with Ambia Bulbul Reza, Advocates—For the Petitioners. Md. Rezaul Huq, Advocate—For the Opposite Party Nos. 2-7. Deb Das Samadd......they possessed the suit land by virtue of purchase and the defendant No. 3 did not possess the suit land. In the first sentence ‘No’ was added and in the last sentence ‘No’ was omitted due to mistake. They, therefore, prayed for adding further relief for confirmation of possession in the sui..Category: Property Law | Date: | Hits: 22
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......LR 709. Lawyers Involved: Alhaj Md. Nurul Huq with Chowdhury Taser Ahmad, Muhammad Nazrul Islam, SM Zahangir Alam, AKM Shahidul Huq, Tania Siddiqua and Ms. Chamon Akhter, Advocates –For the Petitioners. Md. Ozair Farooq with Sheikh Awsaful Rahman and SK Md Morshed, Advocates......ndants purchased 0.0090 ajutangsha land but the claim of the defendants was that the defendants purchased 9400 ajutangsha that is 94 satangsha. In the earlier suit the defendants’ claim was that by mistake the area was written in the deed but in fact they purchased the entire suit land of CS plot ..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... Maintainability of the Record-of- rights.- The Collector shall maintain up-to-date, in the prescribed manner, the record-of-rights prepared or revised under part IV, or under this part by correcting clerical mistakes and by incorporating therein the changes on account of— (a) the mutation of n......o Reported in: 53 DLR (2001) 19. ......ability of the Record-of- rights.- The Collector shall maintain up-to-date, in the prescribed manner, the record-of-rights prepared or revised under part IV, or under this part by correcting clerical mistakes and by incorporating therein the changes on account of— (a) the mutation of names as a..Category: Criminal Law | Date: | Hits: 59
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: T.H. Khan, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-record-For the Appellants. Syed Mahb......When confronting with the admission of the pre-emptor as to the mutation and payment of rent on the basis of a separation of jama by his mother, the learned Advocate submits that this was a bona fide mistake of fact and not supported by any evidence on record, as such, Rabeya Khatun the mother of ..Category: Property Law | Date: | Hits: 27
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Resp......has not been elected as a Director of the company in the Annual General Meeting held in all subsequent years and hence can not be a director of the company (but due to bona fide mistake the said fact could not be placed properly). 8. Inspite of the fact that the petition..Category: Business or Commercial Law | Date: | Hits: 216
....t, 1965 as under:-
"(d) 'commercial establishment' means an establishment in which the business of advertising, commission or forwarding is conducted, or which is a commercial agency, and includes clerical department of a factory or of any industrial or commercial undertaking, the office establ......r Development and others.........Appellants
Vs.
The Chairman, Divisional Labour Court, Khulna and another….........Respondents
Judgment
October 28, 2009.
Cases Referred To-
Director of Ports Vs. 2nd Labour Court, Dhaka; Chairman, DIT and another Vs. Chairman, 2nd Labour Court an......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed.
Ed.
This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...
Category: Labour and Industrial Law | Date: | Hits: 110
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......6; Bangladesh Vs. Md. Idrisur Rahman and others, BLT (AD) 231 volume-XVII; S.P. Gupta and others Vs. President of India and others, AIR 1982 SC 149.
Lawyers Involved:
M. K. Rahman Additional Attorney General instructed by A.S.M.Khalequzzaman, Advocate-on-Record-For the Appellants (In Civil App......ession, as the mirror of political liberty; and to have delivered, in the form of elementary truths, the several characteristic principles of that particular system. That we may by sure, then, not to mistake his meaning in this case, let us recur to the source from which the maxim was drawn.
45. ..
Category: Constitutional Law | Date: | Hits: 207
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......and others……...............Respondents Judgment May 31, 2009. Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented-the Responden......is untiring labour to accelerate Foreign Exchange business without jeopardizing banks interest. As such double payment in responding TRA No. 003549 dated 08.05.1994 for Tk. 5169.10 was a bona fide mistake through oversight in course of huge departmental works. 9. On receipt of the said wri..Category: Administrative Law | Date: | Hits: 423
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......others..... .Appellants Vs. Ayub Ali Khan and others.....Respondents Judgment April 6, 2008. Lawyers Involved: S.M. Munir, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Mihirkanti Majumder, Advocate instructed by A K M Shahidul Huq, Advocat......cordingly, on calculation of the shares of the defendant in the suit land High Court Division accordingly decreed the suit. We have perused the said calculation and the appellant could not show any mistake or otherwise any defect in the said allotment of shares in allowing a separate saham in resp..Category: Property Law | Date: | Hits: 31
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. .......Ws. 11, 12, 13, 14, 18, 21, 22, 23,24, 25, 26, 27,32, 34, 39, 40, 53. 163. P.W.11, stated that he was a member of unit he on reaching at the parade ground he noticed that the parade was disorderly, that in the parade Farooque Rahman came there along with Major Ahmed Hossain and then Faro......een sitting in the adjoining room and on seeing him this witness asked him what has been found about the murder and in reply the accused reclaimed “to God to excuse him that he had committed mistake as he had murdered his wife and two children.” The learned Sessions Judge reproduced ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......don me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and other......as seen sitting in the adjoining room and on seeing him one witness asked him what has been found about the murder. In reply the accused reclaimed to God to excuse him that “he had committed mistake as he had murdered his wife and two children.” The learned Sessions Judge reproduced ..Category: Criminal Law | Date: | Hits: 291
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569.......Janata Bank and another...............................Respondent Judgment December 18, 2008. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No......ertently showed three rooms in the schedule of the plaint and eviction was sought for against the defendants. After transfer of the brief to the newly appointed lawyer of the petitioner, noticed this mistake. Having noticed this mistake the learned Advocate for the plaintiff filed an application for..Category: Property Law | Date: | Hits: 28
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ...... ATM Afzal C J AM Mahmudur Rahman J Mustafa Kamal J Tambia Khatun………………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers Involv...... oral evidence can be adduced for determining the nature of transfer of a holding or a portion there of which is effected by an exchange deed. The learned Single Judge, it seems to us, made a mistake in holding that no oral evidence can be adduced to decide the nature of transfer in the pre..Category: Property Law | Date: | Hits: 66
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......t Appellate Division (Civil) Present KM Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J M/s. Supermax International Private Ltd...............Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- ...... the face of the record, and in a civil proceeding on grounds similar to those mentioned in Order XLVII, rule 1 of the Civil Procedure Code. Now, as rule 1 of Order XLVII of the Code also speaks of a mistake or error apparent on face of the record, this ground for review is common to both the civil ..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......h Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 31, 1997. Lawyers Involved: B. Hosssain Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellants Md. Afta......rative Tribunal on the same ground. 4. Leave was granted to consider. The submission of the Government appellant that both the Tribunals below erred in law in not considering that there was typing mistake in as much as in place of the Rules of 1985, Rules of 1984 were wrongly typed. On merit the ..Category: Administrative Law | Date: | Hits: 105
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ...............Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, Ad......ioner filed an application for review of the judgment of the Court of Settlement stating in the review petition that she and her family members left for U.K in October, 1971 but through typing mistake it was stated in the original application before the Court of Settlement that she and ..Category: Property Law | Date: | Hits: 42
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ...... Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Begum Khodeza Akhter............Appellant (In both the Appeals) Vs. Hajera Khatun & ors...............Respondents (In both the Appeals) Judgment September 1, 1985. ......n 'Admission' is no doubt a strong evidence against sis maker, but it is also open to him to adduce evidence to show that it is not in fact an "admission' but is the result of bonafide mistake of fact…………………….(5) Lawyer In..Category: Property Law | Date: | Hits: 35
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......re, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this power......he questions involved in the "aforesaid-appeals were fully examined, discussed and considered in the judgment concerned, and in doing so no materials have been over-looked by the court leading to any mistake or error apparent on the face of the record’s as to justify the review of the judgment. Hi..Category: Constitutional Law | Date: | Hits: 149
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....ain question for determination in this appeal, these discrepencies may even be due to chaotic position in which the Bank was placed after liquidation, taking advantage of which some members of the clerical staff may have tried to attempt their hands in tampering with the pages of the clean cash-......d..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases Nobody can be allowed to take advantage of his own fault. The Defen......5 and we find that the same entries at page 163 have been entered at page 196 with minor discrepancies with regard to total. So this entry in page 163 cannot be a fabrication but it is merely a mistake which occurred in the clean cash book at the time of copying it from the Kuchha register. ..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......urt Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respo......on the basis of the decree in the said suit the property was illegally listed as abandoned property. 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 proper..Category: Property Law | Date: | Hits: 40
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