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Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ....... Din Muhammad, PLD 1964 (SC) 21=16 DLR (SC) 58; Md. Naseem Ahmed Vs. Azra Feroze Bakthe, PLD 1968 (SC) 97 = 20 DLR (SC) 78; Satyavir Vs. Union of India, AIR 1986 (SC) 555; Md. U.P. Land Development Corporation and another Vs. Aman Singh and others (2003) SCC 388; Mr. Abdul Khan Vs. Govt. of Banglad...... in a project and the post not having made a regular one so as to entitle him to receive pension benefit could not claim reliance on the equality basis being a person similarly situated under certain mistake decision arrived at or misconstruction of certain circular having no force of law and the re..Category: Administrative Law | Date: | Hits: 136
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......ioner Vs. Kazi Abdus Sabur and others.........Respondents Judgment September 24, 2007. Result: The petition is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not......ssion of the same. 6. On 28.11.1994 further property of the said borrower company was put to auction by the same authority and in the schedule of the tender notice there was some confuÂsion and mistake. The petitioner being misled took part in the second auction held on 28.11.1994 and it was s..Category: Property Law | Date: | Hits: 31
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......n and others..........Petitioners Vs. Abdul Hakim and others ......Respondents Judgment April 16, 2007. Lawyers Involved: S.R. Khoshnabish, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave......n the deposition but on the conclusion of the deposition inadvertently exhibit numbers were not put on the documents so proved by P.W.1. The plaintiffs having had noticed that inadvertent mistake of the Court filed an application and the trial Court on March 23, 2000 passed necess..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ...............................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007. Lawyers Involved: Shahabuddin Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Syed......shy;out noting testimony on record wrongly held that the defendant did not adduce any evidence in respect of their possession and the learned judge of the High Court Division failed to correct the mistake, thus causing miscarriage of justice; that the Courts below failed to consider the regis&sh..Category: Property Law | Date: | Hits: 19
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......hers........Respondents Judgment April 29, 2007. Lawyers Involved: Faruque Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to......ame devolved on his son, Warish Matbar and while he was in possession thereof the government vide L.A. Case No. 13/59-60 acquired 4.65 acres of land leaving .25 acres out of acquisition but by mistake the entire land measuring 4.90 acres was shown to have been acquired by the Government by a..Category: Property Law | Date: | Hits: 31
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
....orker" means any person, skilled or unskilled, who works for hire or rewards, but does not include a person who is employed in any managerial, administrative, supervisory or solely clerical capacity" and a new section viz, section 14A was also inserted in Ordinance 1986.......M.Ruhul Amin J Md. Tafazzul Islam J Bangladesh, Gas Fields Co. Ltd………............... Appellant (In both the appeals) Vs. Md. Fariduddin Ahmed and ors ..........Respondents (In Civil Appeal No. 196 of 2000) Md. Osman Gani and ors…....... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ..Category: Employment/Service Law | Date: | Hits: 90
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......perty Lands and Buildings, Bakerganj and Additional Deputy Commissioner (Revenue), Bakerganj........Respondent Judgment May 17, 2007. Lawyers Involved Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the appellants. Ex-parte-th......er 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, de..Category: Property Law | Date: | Hits: 34
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ...... and others ......Respondents Judgment February 1st, 2007. Lawyers Involved: Monsurul Haque Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not Represented- For the Respondents. Criminal ......sheet on the basis of the materials and particulars collected by himself and his former colleagues and in the end he submitted the charge sheet against Sundar Babu alias Shah Alam Babu on bonafide mistake of identity and not deliberately. Further, the charge sheet was not the conclusive evidence..Category: Criminal Law | Date: | Hits: 38
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......vision (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Ltd......5 with the Principal Office of Janata Bank, Dilkusha Commercial Area. In terms of the first agreement it was decided that a compressor would be supplied to the plaintiff and as there were some mistakes committed by the Krishi Bank at the time of opening of the Letter of Credit the machinery ..Category: Civil Law | Date: | Hits: 103
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ...... February 19, 2007. Cases Referred To- Sardar Gurbakhsh Singh Vs. Gurdial Singh and another, AIR 1927 (PC) 230. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (M.A. Azim, Advocate, with him) instructed by S.R. Khoshnabish, Advocate-on-Record-For ...... 25, 1914. The appellate Court while dismissing the appeal observed that evidence of P.W.2 as to that the signature appearing in the deed of gift is of Mohendra Kumar Nath appears to be an apparent mistake and that said statement of P.W.2 is an apparent mistake has also been found by the trial C..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
.... face of the record exists. It is not a rehearÂing of the main appeal. Review is not intended to empower the Court to correct a mistaken view of law, if any, taken in the main judgment. It is only a clerical misÂtake or mistake apparent on the face of the record that can be corrected by the leave ......s and another ………………Appellants Vs. Mostafizur Rahman ………………………………….Respondent Judgment May 6, 2007. Result: The appeal is dismissed without any order as to cost. Cases Referred to- Mostafizur Rahman Vs. Bangladesh, 51 DLR (AD) 1; Kudrat-E......tter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be proÂduced 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 suffiÂcient reason, desires t..Category: Procedural Law | Date: | Hits: 107
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......try of Commerce, Secretariat Building, Ramna, Dhaka & Others………Respondent Judgment November 29, 2006. Lawyers Involved: Khan Saifur Rahman, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not......unsel for the petitioner. On perusal of the petition filed seeking review of the judgment as mentioned hereinbefore it is seen that the same has not been filed on the ground that there is apparent mistake in the judgment sought to be reviewed or that the review petition has been filed on the dis..Category: Property Law | Date: | Hits: 36
M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)
....or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ......Development Board, WAPDA Bhaban and others…………Respondents (In both the cases) Judgment February 26, 2007. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by Mazibar Rahman, Advocate-on-Record-For the Petitioner (In both the......d that power of review inheres in every Court to prevent miscarriage of justice or to correct grave and palpable errors committed by it. In the instant case no such glaring omission or patent mistake or grave error has been crept up from the impugned judgment and order. Moreover the appella..Category: Alternative Dispute Resolution | Date: | Hits: 193
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......IV ADC (2007) 715. ......port investigation commences and admittedly the occurrence took place on 16.6.2000 and the date 15.6.2000 occurring in the middle portion of First Information Report is nothing but a bonafide mistake and by this the truthfulness of the prosecution case cannot be demolished and the inse..Category: Criminal Law | Date: | Hits: 51
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by A.K.M. Shadidul Huq, Advocate-on- Record-For the Appellant. Not r......d stating, inter alia, that their predecessor Abdul Hamid on July 26, 1960 sold 20 decimals of land to Abdur Razzaque with an agreement for re-conveyance, that in the deed of re-conveyance by mistake plot No.8275 was written instead of plot No. 8276, that in pursuant to the agr..Category: Property Law | Date: | Hits: 42
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......pellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: De......e petitioner that Sahera Khatun was present and her whereabouts were not known after liberaÂtion at least on and from 28-2-72". 7. In the aforesaid quotation the word 'not' appears to be a typing mistake, since from the judgÂment of the Court of Settlement, placed before us at the time of heari..Category: Property Law | Date: | Hits: 37
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ...... 1990. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the state......nd also recorded the confessional statement exÂhibit 8 of appellant Nur Ahmed. Since the MagisÂtrate took down two statements, the name of Nur Ahmed below the LTI in exhibit 7 might be a cleriÂcal mistake, whereas, on the top of exhibit 7 it is written that witness Nurul Alam @ Nuru was brought b..Category: Criminal Law | Date: | Hits: 74
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....Maintenance of the Record of rights—The Collector shall maintain upto-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 muta...............Appellant Vs. Kamala Kanta Barman…………..Respondents Judgment November 11, 2006 Lawyers Involved: Md. Fazlul Karim. Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Rabi S......horise the Revenue Officer "to correct Khatians which affects the question of title or possession to land. It has power only to correct Khatian if it has been made as a result of bonafide mistake.........Moreover, revenue officer cannot declare a document to be void". The appellate..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......ellants Vs. Bangladesh……………..Respondents Judgment June 27, 1977. Lawyers Involved: Akram Hossain Amin, Advocate — For the Appellants. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, A......pect of the said amended plaint. 5. It appears that on 13-1-73 an application was filed by the respondent for amendment of the additional written statement on the averments that some bonafide mistake crept in to paragraph 10 of the additional statement which required ratification by way of ..Category: Property Law | Date: | Hits: 36
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, repreÂsented by its Chairman & others.....…Respondents Salma Islam.………â......t case was by consent of the parties and a plea was taken later on that there had in fact been no consent to the judgÂment and that the statement to that effect by the JuÂdicial Commissioners was a mistake. Upon considerÂing the facts of the case it was observed that "Under these circumstances wh..Category: Property Law | Date: | Hits: 95
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