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Displaying 521-540 of 590 results.
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....on of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical mistake. To go into the matter concerning its merit is beyond the jurisdiction of the exec......mes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical mistake. To go into the matter concerning its merit is be...... decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical mistake. To go into the matter concerning its merit is beyond the jurisdiction of the executing cou..Category: Others | Date: | Hits: 97
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ........................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved : Korban Ali, Advocate, instructed by M Nowab Ali Advocate-on-Record-For the Appellant. B Hossa......e injuries region (places.)." The Medical Officer in cross-examination stated that in postmortem examination report he noted that ribs No. 1. 3 and 4 found to be fractured through mistake but according to him actually ribs were cut, On re‑call by the prosecution, the Docto..Category: Criminal Law | Date: | Hits: 58
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ................. Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifudd......such a case the High Court will interfere in revision even on question of fact, where trial Court erred in law in not taking all matters into consideration and mistried the case and made profound mistake in placing the onus of proving the case, in such circumstances it can be held that case ha..Category: Property Law | Date: | Hits: 30
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......ru @ Syed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The appeal is dismissed Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain Advocate-on-Record-For the Appellant. Abdul Malek, Senio......he had no talk with. PW 12 Sekandar Ali then. Considering the reasons given by the learned Judges which cannot be brushed aside, it is not open to us to say that the High Court Division committed any mistake in finding that the evidence of PWs 11 and 12 could not be accepted. There has been no viola..Category: Criminal Law | Date: | Hits: 38
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....orker' means any person including an apprentice employed in any shop , commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but......e is also Reported in: 40 DLR (AD) (1988) 45 ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......dents Judgment April 5, 1987. Cases Referred to- Erfan Ali vs. Joynal Abedin Mia, 1983 BLD (AD) 342=DLR 35 (AD) 216. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. Abdul Hami......t's case and particularly the rent receipts produced by him and thus considered himself justified to interfere in second appeal. It must be said that the learned Judge made a fundamental mistake in ignoring altogether that the defendant's case was disbelieved by the lower appellate cou..Category: Property Law | Date: | Hits: 44
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......owed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhuboni Sahu vs. The King, 76 Indian, Appeals 147; Pakala Narayan Swami vs. Emperor AIR 1939 P.C. 47; Hannmant Govind Nargundkar and another vs. State of Madhya Pradesh, AIR 1952 S.......ead body including the colour and texture of the skin on both parts which indicates that the head and body is of the same person (P.W. 8). If it is a head of the deceased Ashraf Ali as the evidence unmistakenably showed it to be so, then the question of body and its head comes for full consideration..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ...... M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Cases Referred to- K.M. Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester Brewery Company Ltd. v. The Manchester Brewery Company Ltd. (1899) A.C...... National Bank of Indore, AIR 1923 Bom. 119 and the questions there were whether there was any close similarity between the names of the two banking companies and whether the ordinary public would mistake one for another. The questions were answered in the affirmative and it was observed that &q..Category: Intellectual Property Law | Date: | Hits: 239
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ....... 285; Pillai AIR 1942 Mad. 622; Bhavrao 23 Bom. 137; Siddik Md. Sha AIR 1930 P.C 57; Secy, of State vs. D.L. Khan 61 I A, 78 (P.C) =38 C.W.N. 285; Maharaja Srischandra Nandy vs. Bajjnath Jugal Kishore 39 CW.N. 352 (P.C.); Corea vs. Apuhamy A.I.R. 1914 P.C. 243; Culley vs. D.D. Taylerson 11 A &am......Receipts and that the counter-foils were not produced, etc. The defect of recording the payment in the wrong part of the Receipts might have been due to carelessness of the receiving clerk and this mistake relates to only three Receipts; but in the remaining 15 Receipts including those from the G..Category: Property Law | Date: | Hits: 50
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....occasioned by an accidental omission and that mistake ought to have been corrected as a matter of course." Retort was taken to the provision of General Order of 1843 which provides that any clerical mistake in a decree or any error arising from an accidental slip or omission may at any tim...... statement, under section 152 of the Code of Civil Procedure. The Appeal is allowed…………(24,25 & 26) Cases Referred to- A.I.R 1961(S.C).790, 42 IA 91. AIR 1965 (S.C.) 1325; Inre Swire Mellor vs. Swire, LR 1885 (C.D) 239; Henry William Hatton V Hugh Harris, 1892 LR (AC.) 547; Seth Manakch.......Appellants Vs. Sukumar Chandra Das and others…………………………….Respondents Judgment January 15, 1986. The Civil Procedure Code (V OF 1908) Section 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first s..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......) 115......rted in 12 DLR 339 in much as he seemed to have equated issuance of notice with service of notice. 8. Mr. M H. Khondker, Counsel for the defendant respondent, submitted that this was not a case of mistaken identity as the lands in question are actually included in Mahal No. 5 Tafur Ali, one of ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....ce with the provisions of the State Bank of Pakistan Act, 1956. On 9th September, 1972 Bangladesh Bank issued Staff Circular No. 3 which contained the decisions that separate seniority list for the clerical staff would continue to be maintained by the respective officers and both clerks Grade-I an......t. Ed. This Case is also Reported in: ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....nt has no function to play. I do not find any substance in this contention, Designations or description of the office held by that signatory, are normally written by the office, which may be called a clerical function. Since the signature of the Chief Martial Law Administrator is not disputed and ...... 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of Pakistan, PLD 1977 (SC) 657. Lawyers Involved: MH Khondker, Senior Advocate (Kh. Mahbub Hossain, Advocate with him) instructed by Aminul Huq, Advocate-on-Record—F......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......udgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Involved: Hamidul Huq Chowdhury, Senior Advocate instructed by Miah Abdul Gafur, Advocate on Record—For the Appellants. K.......rmission from the competent authority as required under the said Ordinance. His further case is that the omission to mention about bainapatra in the sale-deed was due to inadvertence and mistake. The defendant, however, gave total denial to the case "of the plaintiffs that defenda..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......p; August 15, 1979. Cases Referred to- AIR 1935 Allahabad 323, AIR 1938 Lahore 117; AIR 1935 P.C. 85; AIR 1945 Mad 86; AIR 1948 Bom. 185. Lawyers Involved: ......stitution of the word "uttor parsha" appearing in the second line of paragraph 2 of the compromise petition for the words "uttor Purba" on the ground that it was a bonafide mistake. It was stated that the decree would be inexecutable and meaningless unless the amendment w..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......and others..................................Respondents Judgment July 27, 1982. Lawers Involved: M. Fazlul Karim, Advocate, instructed by B. C. Panday, Advocate- on-Record.—For the Appellants. Md. Aftab Hossain. Advocate-on-Record. — For the Respo...... behaviour', though stated in this impugned order, since neither was any 'bond for good behaviour' prayed for nor are the provisions for bond for good behaviour laid down in section 107. This mistake might be either due to confusion between a bond for keeping the peace and a bond for good b..Category: Criminal Law | Date: | Hits: 51
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......eptember 22, 1981. Result: The petitions are dismissed. Cases Referred to- Khondker Ehteshamuddin alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 709; Amisminic vs. Foreign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary ......r there is evidence to sustain a conviction is a question of law and the member of Court Martial are the sole Judges of both law and fact. In my view this Court could not interfere if they had made a mistake of law and convicting on no real evidence would be a pure mistake of law. It would of course..Category: Constitutional Law | Date: | Hits: 327
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
.... "worker' means any person including an apprentice employed in any shop, commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does ......t of Labour (Standing Orders) Act, 1965 (Act VIII of 1965), Section 25. The Industrial Relations Ordinance, 1969, Section 34. The Dacca Improvement Trust is neither an industrial establishment nor a commercial enterprise as defined in the employment of Labour (Standing Orders) Act, (Act VIII o......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... Worker means any person including an apprentice employed in any shop, commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward whether the terms of employment be expressed or implied, but...... Judgment January 9. 1980. Cases Referred to- General Manager, Hotel Inter-Continental Vs. Chairman, Second Lab-P65our Court, Dacca, 28 DLR 160, Railway Men's Store Ltd. vs. Chairman, Labour Court, Chittagong 20 DLR (S.C) 251, Administrator, Omar Sons Ltd. vs.......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....dgment, dated the 20th of October, 1966, against which this appeal is directed by special leave. 2. The controversy has arisen in the following circumstances:— The appellant competed in the clerical services competitive examination held by the department in November, 1942, and was placed o......28 ......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..Category: Employment/Service Law | Date: | Hits: 103
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