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Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......dismissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on the defendant to prove his part of ......f the document Ext.4 and Ext.1 list of schedule of properties, apart from the other controversies as raised at the trial. Unless the present case is approached from that angle, surely one will commit mistake not only in fact but also in law. The effect of recitals in Ext.4 remains on the document, t..Category: Property Law | Date: | Hits: 50
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... March 8,1990. Result: The appeal is dismissed. The Evidence Act, 1872 (1 of 1872), section 32 (1), 154 In the statement of the deceased Ext. 1 there is no reference at all to any fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for ......at someone persuaded the victim to substitute the appellant for his real assailant. Rather the dying statement was made when the victim was possessed of his full senses. Since there is no chance of mistake on the part of the victim in identifying the very known appellant and there being no incon..Category: Criminal Law | Date: | Hits: 44
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ....... Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State, represented by the Deputy Commissioner, Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Director, Engineer and Consultants (Bd) Ltd. (BCBL) Judgment ......, the same may be adjusted in bill No.4. 8. The first information report was lodged on 31.12.1994 that is long after the submission of bill No.4 dated 29.10.1994 stating the inadvertent mistake in bill No.3 and further requesting the authority to adjust from bill No.4 any excess amoun..Category: Criminal Law | Date: | Hits: 74
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......(AD) (1990) 192. ....... Thus the finding of the learned Judges that the place of occurrence could not be specifically fixed by the prosecution is not correct. The learned Judges of the High Court Division also committed a mistake in determining the time of occurrence on the basis of the evidence of PW 10 Dr. Lutfur. Rahm..Category: Criminal Law | Date: | Hits: 117
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record- For the appellant. M. I......ent informed the appellant before 17-2-82 that the suit building stood released in favour of the plaintiff-respondent. The High Court Division did not consider these facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal i..Category: Property Law | Date: | Hits: 33
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......t Vs A.B.M. Abdul Matin .......................Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and others (Civil Petition for Leave to Appeal No. 298 of 1994); Md. A......d 4 months from the date of passing of the impugned order. 12. The petitioner moved this Division as against the order of the Administrative Appellate Tribunal and it was contended that the mistake "was a mere misdescription" and as such Administrative Appellate Tribunal was in ..Category: Employment/Service Law | Date: | Hits: 113
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......eme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M. H. Rahman A.T.MAfzal J Mustafa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respo...... time of hearing. 4. The High Court Division discharged the Rule on a technical ground, namely, that section 196B of the Act. As quoted in the writ petition is available only to rectify mistake, error etc. Which is apparent from the record in any order passed by the Government and the..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... Vs. Md. Ahamed Ali and others........................ ...........Respondents Judgment May 22, 2007 Lawyers Involved: Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner N.H. Khandaker, Advocate-on-Record- For the Respondent No.1 &n...... he was in enjoyment of right, title and possession, transferred it in his favour by way of Ewaj-Badal under a registered deed No.1467 dated 25.03.1989 and handed over possession to him. But due to mistake, the Khatian number was wrongly written in the schedule of that deed. He was not aware of t..Category: Property Law | Date: | Hits: 51
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ...... Alom Chowdhury......Petitioner Vs The State.........................Respondent Judgment September 2, 2007 Lawyers Involved: Khondokar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner ......urt of Metropolitan Sessions Judge, Dhaka and the same was finally heard by the Court of Additional Sessions Judge, 3rd Court, Dhaka and the appeal was dismissed on May 14, 2000. 5. There is mistake in the order of the High Court Division as to date of disposal of the appeal. The date of d..Category: Criminal Law | Date: | Hits: 44
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ilal Vs. Badri Prasad and another, AIR 1960 Rajasthan 249; L. Bengali Mai and others Vs. Baijnath Prasad and others, AIR 1942 Allahabad 338. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants ......r filed Civil Review Petition No.14 of 1997 but the same was dismissed for default on 16.11.2000. The decree-holder, however, filed Title Execution Case No.3 of 2002 on 08.06.2002 through bonafide mistake forgetting about the pendency of the earlier Title Execution Case No.18 of 1980 and subsequ..Category: Procedural Law | Date: | Hits: 93
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......waraswati Roy and others............Respondents Judgment October 31, 2004 Lawyers Involved: M.K. Rahman, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Appellant Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advoca...... the appeal i.e. Civil appeal No. 151 of 2000 set aside the judgment of the First Appeal (Probate) No. 246 of 1996 and while making the order as to nest step there had occurred an inadvertent mistake in making direction sending the case back to the 'original Court' instead of sending the Fi..Category: Property Law | Date: | Hits: 62
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......tioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement April1 0, 2004. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Mvi. Md. Wahidullah, Advocate--on-Record- For the Respondent......o the defendant-petitioner on 9.7.1997 who has been in possession in the property having dwelling houses thereon. But in Other Suit No. 64 of 1997 filed by the said defendant-petitioner due to the mistake of his. Advocate the fact of existence of dwelling hut was not mentioned. The plaintiff-res..Category: Property Law | Date: | Hits: 34
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
.... a mutation proceeding, in the premises does not become a Court as he does not really adjudicate a right and he does not give a decision which is binding on the parties. He merely corrects apparent clerical mistakes in the record of right and direct correction of such clerical mistakes. If he is v......i Mohan Das 56 DLR 276 and Abul Hossain (Md) vs State 55 DLR (AD) 125. Lawyers Involved: Subrata Saha, Advocate (appeared with the leave of the Court) instructed by Sufia Khatun, Advocate-on-Record—For the Appellants Dr Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advoca......on proceeding, in the premises does not become a Court as he does not really adjudicate a right and he does not give a decision which is binding on the parties. He merely corrects apparent clerical mistakes in the record of right and direct correction of such clerical mistakes. If he is vested wit..Category: Criminal Law | Date: | Hits: 48
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......upreme Court Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kawsarul Alam, S/o. late Haji Monsur Ali and ors................................Appellants Vs The State..............................................................................Respondents Judgment April 3, 1989. The Penal Code, 1860 (XLV of 1860), sections 378 and 403 The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the bank. The accused without prior knowledge or intention to..Category: Criminal Law | Date: | Hits: 44
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......p; November 23, 2005. Lawyers Involved: Kh MS Hasan, Advocate (appeared with the leave of the Court) instructed by Md Nawab Ali, Advocate-on-Record— For the Appellant. NH Khandker (absent) — For Respondent Nos. 1, 3 &4. ...... of collecting money by selling the land which he had after making gift of 50 decimals of land to the plaintiff. 6. In the plaint it has been averred by the plaintiff that there was certain mistake in the kabala executed by Abdur Rashid as regard the quantity of land of SA Plot Nos. 1538,..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... of Rule 20 of the Rules of 1982 may be referred to which are as under: "20. Amendment and correction of the electoral roll................... (3) Where at any time, any clerical, printing or other error in any entry in any electoral roll for the time being in force......nt May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocat......on 7 of section 7 of the Ordinance. It is seen from the minutes of the meeting of the Commission held on August 6, 2005 that the Commission felt necessity of preparing a fresh voter list free from mistake. In that state of the matter it cannot be said that the Commission took decision to scrap t..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......r Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. No......and the schedule to the Agreement for sale even after the protest of the purchaser, the suit property could not have been intended to be sold the purchaser cannot take the plea subsequently that by mistake it was not included or that there was influence the purchaser adjusted the price of other p..Category: Procedural Law | Date: | Hits: 93
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. .......................................................... Respondent Judgment November 8, 1987. Result: The appeal is allowed. The Specific Relief Act, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending agai...... had illegally entered into possession on 22.12.82 and further that the decree was based on possession only and no title had been declared in the Civil Suit. The learned Judge, we must say, committed mistake on both counts. He was required to consider the effect of the order of injunction on the d..Category: Criminal Law | Date: | Hits: 59
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......TM Masud J Syed Md. Mohsen Ali J Assistant Custodian, Enemy Property (L & B), Tangail............................Appellant Vs. Bholanath Guha & ors...................................................................Respondents Judgment ......rsed the decisions of the lower Appellate Court and restored those of the trial Court, holding, inter alia, that section 143A of the State Acquisition and Tenancy Act is meant for rectification of mistake in the entry of record-of-right and that the incidental reference to the plaint..Category: Property Law | Date: | Hits: 28
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... The State..............................Respondent Judgment May 23, 1983. Result: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and discharged the accused. Informant,......olding an enquiry into the complaint "the learned Chief Presidency Magistrate proceeded as though he was trying the case himself on merit". The learned Judge then concluded: "I consider that this mistake on the part of the learned Chief Presidency Magistrate gave a wrong direction in the whole..Category: Criminal Law | Date: | Hits: 79
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