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Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......sp; Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired title ......low found that the plaintiff did not acquire title by adverse possession in that it was not noticed that the material evidence in that behalf was overlooked by both the Courts inasmuch as the same mistake was committed by the learned Judge himself and it was wrongly held that the elements consti..Category: Property Law | Date: | Hits: 53
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ...... The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4) Lawyers Involved: &nbs......The same were in existence when the matter was disposed of by the Courts below. Mistake or error apparent on the face of the record though cannot be precise or exhaustive, we did not find any such mistake or error apparent on the face of the record for invoking the jurisdiction of review. ..Category: Property Law | Date: | Hits: 43
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......nbsp; Commissioner of Taxes, Dhaka (South) Zone, Dhaka..…….. Appellant Vs. Ujala Match Factory………………………………&......gned judgment of the Income Tax Appellate Tribunal that in mentioning under section 10(2) second time, it was not mentioned whether the claim was allowed under clause (X) or (XVI) probably through mistake and oversight. But from the judgment it was clear that clause (X) was inadvertently omitted..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on patent error. Mere wrong application of law is no ground of review a......dur Rahman, learned Counsel appearing for the petitioner, submitted that the High Court Division erred in law in not holding that whether the error crept through Court’s oversight or counsel mistake if it is apparent on the face of the record it could be cured without driving to the appeal..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......;(5) ii) A co-sharer of a vested property has a preferential claim to lease than the stranger……(6) Lawyers Involved: B Hossain, Deputy Attorney-General, instructed Mvi Md Wahidullah—Advocate-on-Record—For the Petitioners. ......ns Nidhiram Moni Parshuram Moni and Raghuram Moni; Raghuram Moni died childless in India on 2-7-1984; Parshuram Moni died leaving three sons who became the owners of the disputed land; but through mistake the name of Raghuram Moni was recorded and consequently declared vested and non-resident&nb..Category: Property Law | Date: | Hits: 43
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......Division (Civil) Present: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa B......ich he was the manager and that the pay order was signed by the plaintiff and another and that the pay order was for Tk.1,00,000/- but in fact it ought to have been made for Tk. 100/- and that the mistake was inadvertent and was detected later and subsequently the beneficiary of the pay order de..Category: Employment/Service Law | Date: | Hits: 78
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers Involved: T. Ali, Advocate, Instructed by Abdur Rab-II, Advocate-on-Record—For the Appellant M. H. Khandker, instructed by B, C. Panday, Advocate-on-Record&m......enant may or may not be estopped. The rule is not inflexible. The question will depend upon the particular facts of each case. The tenant can show that he attorned to the new landlord under a mistake of facts. The mistake may occur under diverse circumstance and so no bard and fast rule can..Category: Property Law | Date: | Hits: 44
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....esident to decide the transfer of a case arbitrarily and without hearing the parties affected by such transfer. In my view the transfer of a case from another Court to Martial Law Court is not a mere clerical act but is dependent upon examining the convenience and inconvenience of the parties and ....... Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulation......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale in pursuance of a decree for specific performance of a contract is pre-emptible. Provisions embodied in section 26 of the Beng......ment but the latter called for a minor punishment. Annexure E is a letter September 1, 1977 written by the Director of the Council to the lawyer of the appellant. The letter purports to rectify the mistake committed in issuing the letter of dismissal but as a matter of fact no correction was act..Category: Employment/Service Law | Date: | Hits: 130
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
........Respondent Judgment April 26, 1979. After passing of the decree or the final order, the court becomes functus officio except to review its awn order in accordance with law or to correct clerical mistakes. The discretion, if any, should be exercised judiciously. The discretion in this c...... M. Subhan, J. Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the final order, the court becomes functus officio except to review its awn order in accordance w......ndent Judgment April 26, 1979. After passing of the decree or the final order, the court becomes functus officio except to review its awn order in accordance with law or to correct clerical mistakes. The discretion, if any, should be exercised judiciously. The discretion in this case not b..Category: Tenancy Law | Date: | Hits: 69
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ip;….Appellants Vs. State………….Respondent Judgment April 13th, 1993 Cases Referred to- Hamida Bano Vs. Ashiq Hussain and ors. 15 DLR (SC) 65; Ali Ahmed Vs. State 14 DLR (SC) 81; Masalti Vs. State of Uttar Pradesh, 1965 A......man clearly stated in his evidence that P.W. 10 Alamgir, P.W. 4 Wahab and Laik went to the Police Station and informed him about the occurrence. There is absolutely no suggestion to him that he had mistaken Nawab for Wahab or that he interpolated the General Diary Entry in any manner. The prosec..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engineering Corporation, represented by its Secretary………….. Appellant [In CA No.40 o......f 1972) was in force when the enterprise was taken over. Learned Additional Attorney‑General explains that in the Notification dated 7‑3‑72 the APO dated 30 December was cited by mistake due to over‑sight. This explanation appears to be quite reasonable. When the law (APO..Category: Property Law | Date: | Hits: 65
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....le 6 of the Administrative Tribunals Rules, 1982: "(10) The decision or order once given or made shall not afterwards be altered or modified, save for the purpose of correcting a clerical or arithmetical mistake or any error arising from any accidental slip or omission." ......d others AIR 1953 Allahabad 416, Surendra Singh Vs. State of Uttar Pradesh AIR 1954 (SC) 194 at P 197, Faulad and another Vs. State AIR 1961 Allahabad P 326, Rukan Din Vs. Hafiz-ud-Din PLD 1962 Lahore 161, Sangam Lal Vs. Rent Control and Eviction Officer, AIR 1966 Allahabad (FB) 221; Jai Karan V......her be considered was acceded to by the Court. The transcript of the judgment was, however, signed by inadvertence. Sulaiman, CJ set aside the order and reheard the matter. This was a case where a mistake committed by a functionary of the Court itself was later set right by the Court in its inh..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 .........Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1......66 LR I HL. 129, a case between landlord and tenant Lord Cranworth LC observed: “If a stranger begins to build on my land supposing it to be his own, and I, perceiving his mistake, abstain from setting him right, and leave him to persevere in his error, a Court of Equit..Category: Property Law | Date: | Hits: 80
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......SC 41; Calcutta Gas Co. Prop.) Ltd. V. State of W Bengal, AIR 1962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (1971) I WLR 1037; Walker ...... Courts that these certificates are of great consequence, that they seriously affect the rights of litigant parties, and that they ought to be given in such a form that it is impossible to mistake their meaning upon their face". The appeal was dismissed, the Ju..Category: Constitutional Law | Date: | Hits: 716
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....s. The instruction as in Annexure‑D, relied upon by the petitioners, prescribed the procedure regarding the filling up of the vacancies in the already existing posts of permanent Muharrars in clerical establishment of Registration Offices. Besides the newly created 475 posts of Muharrars, t...... Secretary, Ministry of Law and Justice and others…………Respondents Judgment February 14th, 1993. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, Supreme Court (Shah Abu Naim, Advocate, Supreme Court with him) instructed by Abul Qua......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....ply to is contention given by Mr. Giasuddin Bhuiyan, the learned Advocate for the respondents, is that on application under section 152 of the Code the original decree remains intact but only some clerical mistakes or accidental omissions are corrected, and as such, this date of correction, whet...... 28th, 1994. Cases Referred to- Ishaque Vs. Bangladesh 43 DLR (AD) 28; Tincowri Halder Vs. Nani Gopal Mondal, AIR 1960 Cal. 258; Kedar Nath Vs. Golam Hossain 40 CWN 83; Ramji Lal and ors. Vs. Giani and another, AIR 1921 Lab 250; Abdul Gafur Vs. Bangladesh 42 DLR (AD) 100. La...... contention given by Mr. Giasuddin Bhuiyan, the learned Advocate for the respondents, is that on application under section 152 of the Code the original decree remains intact but only some clerical mistakes or accidental omissions are corrected, and as such, this date of correction, whether it is..Category: Procedural Law | Date: | Hits: 104
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... "Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment, shall alter or review the same, except to correct a clerical error". 38. If the order of the Sessions Judge under section 439A can be t......Golam Rabbani J Mafizuddin and others....................Petitioners Vs. Alauddin and another............Opposite Parties [In Crl. Rev. No. 2053] Md. Sher Ali and ors ........................... Petitioners Vs. State and another .............er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ......in the impugned case is likely to create doubt in the public mind about wisdom of some Judges of the Appellate Division lowering their high image and wisdom in the estimation of public at large. Before making such submission in writing the learned Counsel ought to have taken more care and cautio......candidly that the statements made therein were submissions by the learned Counsel of the petitioner and hurriedly an application supported by affidavit was filed on 10-4-2006 praying to condone the mistake and correct the affidavit thereby making it clear that the statements in paragraph 3 are no..Category: Election Law | Date: | Hits: 108
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......Judgment of HCD here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J AK Chowdhury J Bangladesh Telecommunication Regulatory Commission........................Appellant vs Ekushey Television Ltd...........................d more so, when the law itself had specifically excluded any form of broadcasting or radio broadcasting or television broadcasting station as detailed above, the High Court Division committed a gross mistake and illegality in coming to the conclusion that the above Act shall apply in respect of broa..Category: Information Technology Law | Date: | Hits: 266
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