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Bangladesh Vs. Abul Kaiser ChowÂdhury and others, 1984, 13 CLC (AD)
....akistan and another same view was taken: "We therefore, hold that as in substance the name of the defendant No.1 appears in the plaint the present description is only a clerical mistake which can be amended at any time without any prejudice to the ...... November 13, 1984. The Code of Civil Procedure, 1908 (Act V of 1908); Order 23 rule 3 When a respondent in an appeal dies and one of his legal representative is already on record in another capacity, the appeal does not abate even though no application is made to brin......nd another same view was taken: "We therefore, hold that as in substance the name of the defendant No.1 appears in the plaint the present description is only a clerical mistake which can be amended at any time without any prejudice to the plaintif..Category: Trust/Waqf Law | Date: | Hits: 193
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Trading Corporation of Bangladesh, represented by its Chairman…………....Appel...... his case the suit was decreed granting all the reliefs as prayed for. 7. Leave was granted to consider the appellant's submissions that the High Court Division committed a fundamental mistake in deciding the suit as if it were an appellate authority sitting on appeal over a dom..Category: Employment/Service Law | Date: | Hits: 69
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....is found from the exhibit-A and from the deposition of D.W. 1. The petition of the defendant for mutation dated 25.2.1962, the date of kabla seemed to have been written as 25.2.1964, which is clerical mistake. The learned Advocate submits that without calling for the volume of registered ka......ppellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003. Lawyers Involved: Fazlul Karm, Senior Advocate, Instructed by Md Nawab Ali, Advocate-on-Record - For the Appellant. Mahbubuy Al......from the exhibit-A and from the deposition of D.W. 1. The petition of the defendant for mutation dated 25.2.1962, the date of kabla seemed to have been written as 25.2.1964, which is clerical mistake. The learned Advocate submits that without calling for the volume of registered kabala of, ..Category: Property Law | Date: | Hits: 37
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." .........Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (C......oves the case of the plaintiff, The High court Division found no explanation in the plaint nor by the P.W. 1 that the date or power failure on 27. 11.88 put in the exhibits referred to was made by mistake and inadvertence. There was no scope under Section 92 of the Evidence Act to exclude and ov..Category: Civil Law | Date: | Hits: 135
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......ners Vs. The State and another.....................................Respondents Judgment January 5, 2004. Lawyers Involved: S. M. Zillul Haque, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not re...... or evidence which, after the excise of due diligence, was not within their knowledge or was passed or could not be produced by them at the time when the judgment order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason. 6. ..Category: Criminal Law | Date: | Hits: 47
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. .......Appellant. Vs. Mohibunessa and others…………..Respondents Judgment April 30, 2002. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajadul Huq, Advocate-on-Record-For the Appellant. Sk. Afzalu......abibul Islam Bhuiyan, next argued that the High Court Division having failed to consider that the plaintiff sought for an amendment of the number of khatian only that is to say that there was mistake in respect of khatina mentioned as khatian No. 769 but actually the numbers of khatian will..Category: Property Law | Date: | Hits: 23
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......vernment of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka & others........Respondents Judgment November 4, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- For Respondents. Civil Petition for Leave to ...... During hearing before the High Court Division the learned Attorney General submitted that in column with the heading "মন্তব্য”of Annexure-H, by mistake 70% of the population was shown as অকৃষিজী&#..Category: Property Law | Date: | Hits: 21
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......thers ............Petitioners Vs. Abdul Latif & others..........Respondents Judgment November 5, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-an-Record- For the Petitioners. Not represented- Respondents. Civil Petition for Leave to Ap......e suit land on payment of rent regularly. The suit land was wrongly recorded in the name of Ishaque alone in S.A. Khatian No. 124 leaving out the heirs of Mohammad Ismail and there was further mistake in respect of the number of S.A. Plot No. 244 in place of 1696. Taking advantage of the wr..Category: Property Law | Date: | Hits: 34
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......ellip;....................Respondent Judgment November 18, 2007. Lawyers Involved: A. K. M. Shafiqul Alam, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. None represented-For Respondents. Civil Petition for Leave to......dy of their mother, Baron Nessa Bibi who executed and registered a kabala on behalf of the minor sons on 19.02.1947 in favour of the plaintiffs and delivered possession. In this kabala, due to mistake on the part of the scribe, plot No. 845 was written in place of plot No. 854. Ajiron Nessa..Category: Property Law | Date: | Hits: 21
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....re. Section 151 cannot be invoked when specific provision is there in Code of Civil Procedure or any other law against the decree and Section 152 is only meant for correcting arithmetical errors or clerical mistakes and was wrongly invoked in this case by the trial court which has; been rightly ......…..Petitioner Vs. The United Commercial Bank Limited and others….Respondents Judgment April 21, 2008. Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Mahmudul ......on 151 cannot be invoked when specific provision is there in Code of Civil Procedure or any other law against the decree and Section 152 is only meant for correcting arithmetical errors or clerical mistakes and was wrongly invoked in this case by the trial court which has; been rightly corrected..Category: Property Law | Date: | Hits: 37
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ...... Misbah Abedin..........Petitioner Vs. Muzmmil Ali and others…...... Respondents Judgment November15, 2007. Lawyers Involved: Mahmudul Islam, Senior Advocate with Abdul Quiyum, Probir Neogi, Advocates instructed by Syed Mahbubur Rahman, Advocate......the delivery of judgment by the Court of Appeal below. 8. The learned Counsel further submitted that a Court of law is always competent even in a declaratory suit to correct a mistake if the plaintiff does not take separate action for the rectification of the instrument..Category: Property Law | Date: | Hits: 29
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ...... This Case is also Reported in: V ADC (2008) 952. ...... in the name of Mokbul Hossain in new plot No. 5333 under the D.P. Khatian No. In the alleged deeds the Khatian No. 1482, old Plot No. 2754, new Plot No. 5333 were rightly written and there was no mistake in the deed. There was no mistake in the deed dated 27.06.1989 executed by Rabeya Khatoon a..Category: Property Law | Date: | Hits: 24
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....ovides that "worker means any person, skilled or unskilled, who works for hire or rewards but does not include a person who is employed in any managerial, administrator or supervisor or solely clerical capacity". In terms of definition of the term 'worker' the respondent is a worker and...... and another…....Respondents. Judgment December 12, 2005. Lawyers Involved: Sayyid Shahid Hussain, Advocate, instructed by Mr. Md. Aftab Hossain, Advocate-on-Record - For Respondent No. 1. Md. Nawab Ali, Advocate-on-Record - For the Petitioners. ......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ..Category: Labour and Industrial Law | Date: | Hits: 77
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ...........Appellant Vs. Commissioner of Customs, Chittagong and others........Respondent Judgment July 11, 2005. Lawyers Involved: Kazi Shahbuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Md. N......rsuant to which the respondent No. 6 has obtained delivery of the goods, in question. The High Court Division, however, observed that the same under the circumstances may have happened due to mistake in impression that the earlier sale of the said goods to the writ petitioner was approved b..Category: Others | Date: | Hits: 80
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......hers ........Petitioners Vs. Md. Siddiqur Rahman Patwari and others ........Respondents Judgment March 14, 2007. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Syed Mahbubar Rahman,Advocate-on-record-For the Petitioners. Md. ......as of Mouza Chawranga. Finally the trial Court held that the plaintiffs are in possession of the land of Plot No.363 on the view that description of the Mouza given in the plaint was an inadvertent mistake. It is seen from the judgment of the appellate Court that plaintiffs filed the cross objec&..Category: Property Law | Date: | Hits: 20
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....clerks, supervisor and in charge of the Jute Department were responsible for payments and he being merely a Head Sardar worked according to the instructions of his supervisor officers and he had no clerical work at that time. He was then transferred from Ghat purchase to Katcha assorting shed. ......sh Ranjan Das vs Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (SC) 280 ref; 29 DLR (SC) 280 Lawyers Involved: MA Mannan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. ASM Khalequzzaman, Advocate-on-Record—For Respondent No.......missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ..Category: Labour and Industrial Law | Date: | Hits: 117
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......100, Bangladesh vs. Abdul Khaleque and others, (1977) 29 DLR (SC) 110, 23 DLR (AD) 25, Abdul Gafur Khan vs. Bangladesh and others, 42 DLR(AD) 99. Lawyers Involved: Rafiqul Islam, Senior Advocate, Md. Nawab Ali, Advocate-on-Record- For the Appellants (In both the appeals). T.......oint District Judge, and Arbitrator while assessing compensation for the appellants' 11.5750 acres of bhiti land after due and proper appreciation of materials on record particularly Ext.53(Ka) by mistake referred chala land in some places and illegally rejected appellants' claim for potential e..Category: Property Law | Date: | Hits: 37
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......€¦â€¦â€¦â€¦â€¦Appellants Vs. Most. Nurjahan Begum………....Respondent Judgment July 10, 2005. Result: The appeal is dismissed. Lawyers Involved: M. A. Azim, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record-For the Appellants. Md. Af......cretary, Ministry of Land Administration and Land Reforms stating, inter alia, that L.A. Case No. 41 of 1964-65 was initiated for acquisition of .51 acre of C.S. Plot No. 1009 but through inadvertent mistake while the Gazette Notification for acquisition was made quantity of land acquired was printe..Category: Property Law | Date: | Hits: 31
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......…………..Respondents Judgment October 01, 2007. Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubar Rahman, Advocate on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave......n consideration of the above Ext. 'Ga', a vital document, and it is duty of the Court to see the judgment and decree dated 25.7.2004 be set aside when there is no doubt that the same was passed by mistake and the High Court Division on misinterpretation of section 152 CPC rejected the above appl..Category: Civil Law | Date: | Hits: 91
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......yed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh & Ors…………....Appellants Vs. Champak Kishore Roy……………………..Respondent Judgment ......the present case. The learned Attorney General in course of his submission at one stage has stated that when at the initial stage the Supreme Court was consulted, it may be due to mistake, the Supreme Court was not consulted while taking the final decision. There may be some tr..Category: Employment/Service Law | Date: | Hits: 62
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