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Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... Complainant-Appellant Vs. Aftabuddin and others........................Respondents Judgment June 24th, 1992. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, (Gour Gopal Saha, Advocate with him) instructed by A Basel Majumder, Advocate-on-Recor......e of Tk. 10,000.00 each. Azimuddin had been acquitted by the trial Court; his acquittal was not challenged in appeal; but he has been included among the accused‑respondents in this appeal by mistake. 2. The case arose from a complaint petition (Ext. 1) filed before the Sub-Divisiona..Category: Criminal Law | Date: | Hits: 68
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......te............................................Respondent Judgment July 23rd, 1992 Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 1936 (PC) 141; MA Awal Vs. Ehtesham Hyder, 28 DLR (HD) 285; Ilk......ss of the matter, but then his responsibility will be a little more onerous than one who acts as a mere journalist. There will be little scope for him to take the plea of inadvertence or technical mistake, or lack of command of language. Before the High Court Division the appellant pleaded justi..Category: Criminal Law | Date: | Hits: 141
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....ions Ordinance, 1969. Under section 2(v) of the Standing Orders Act, "worker" means any person employed in any shop, commercial or industrial establishment to do any skilled, unskilled or clerical work but does not include any person who is employed mainly in a managerial or administrat...... ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......r.........................Appellant Vs. Abdul Mutakabbir Chowdhury alias Sufi Mia Chowdhury……………….Respondents Judgment December 3rd, 1991 Lawyers Involved: TH Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. M Nowab Ali......ot acted correctly in holding that the appeal is not maintainable when the same was provisionally admitted and pending before the appellate court. 5. The learned Single Judge has committed another mistake in holding that the application does not lie under Order 22 rule 10 of the Code and conseque..Category: Limitation Law | Date: | Hits: 175
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. .............Respondent Judgment February 10th, 1992. Case Referred to- Pratap Singh vs. Krishna Gupta AIR 1966 SC 140. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, instructed by Md. Sajjadul Huq, Advocate –on ‑Record -For the Appe......ry fund was plated at the disposal of the Controller of Movement. The learned Additional Attorney‑ General has explained that in the past octroi was paid by the Government's officers by "mistake" and that "mistake of Government's officers" cannot confer right upon the M..Category: Fiscal/Taxation Law | Date: | Hits: 92
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......nque Indosuez having Its Local Office at 47, Motijheel Commercial Area, Dhaka ................ Plaintiff‑Respondent Judgment March 8th, 1992 Case Referred to- Lahore Improvement Trust Vs. Khuda Bakksh Meraj Din PLD 1956 Lah. 252. Lawyers Involved: ......ent we find that on 14.9.88 another suit being Title Suit No. 250 of 1988 was filed by the defendant Bank against Afsaruddin Ahmed & Co. in the same Court and through inadvertence and bonafide mistake of the Advocate of the plaintiff the photocopies of the documents of TS No. 250 of 1988 wer..Category: Banking Law | Date: | Hits: 150
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ...... Case. Ed. ...... It may, however, be mentioned that the confessing accused is not before us. It further appears that while disposing of the appeal, the learned Judges of the High Court Division made a fundamental mistake in treating the evidence of PWs 1 and 5 as corroborative evidence to the retracted confessi..Category: Criminal Law | Date: | Hits: 68
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......……………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mozammel Hoque, Senior Advocate, instructed, by Abdur Rab-II, Advocate-on-Record—For the Appellant. Ahmed Sobhan,......uld form part of the subject matter of the kot-mongage. Nevertheless, tne possession not only of the lands included in the kot-mortgage deed but also of the lands of schedule 1 (kha), which through mistake of the scribe was not included in the kot-mortgage deed were given to the mortgagee from t..Category: Property Law | Date: | Hits: 64
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......sh, 17 C.W.N. 80 ; Dhirendra Nath Vs. Kamini Kumar, ILR 51 Cal. 495—18CW.N. 899— AIR 1924 Bal. 786; Hiralal Saha Vs. Akshary Kumar Saha, 37 CWN 766 -AIR 1933 Cal. 815; Sachi Gopinath Vs. Kukrai Prorab Chandra Saha, 38 C.W.N, 172; Baidya Natn Vs Hemanta, 40 CWN 750; Bulanda Bashini Vs. Pran Gob......because of the inaction of the official Liquidator. It does not appear that either the auction purchaser or the judgment debtor having participated in the proceeding misled the Court in any way and a mistake was committed in consequence thereof, causing injustice to any of the parties. Nevertheles..Category: Property Law | Date: | Hits: 118
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....petitioner Company and the Collective Bargaining Agent of Workers Association of the Company, briefly, CBA, including the term that depot and terminal workers would work for 48 hours per week while clerical staff of the Chittagong main office and the terminal office would work for 38 1/2 hours p......), Order XLVII rule I What the petitioner failed to get in the appeal after a full-fledged argument can not be obtained in a review petition. Reconsideration of points wrongly or rightly considered in an appeal decided by this Division without betraying apparent error on the......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..Category: Labour and Industrial Law | Date: | Hits: 128
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......e same thing, i.e. absent as provided in Article 67(1)(b) and would result in vacation of seat in the parliament if other conditions are present, namely, being absent without leave of the parliament for ninety consecutive sittings days. In computing ninety consecutive sitting days the period between......tation of certain words occurring in the Constitution and in so far as the interpretation of any word or words in the Constitution is concerned the Supreme Court is the final arbiter. Let there be no mistake about it. I would rather describe the role of this Court in such a situation of unparalleled..Category: Constitutional Law | Date: | Hits: 248
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......l Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakistan vs. Rowshan Bijaya, 18 DLR (SC) 214; Humayun Kabir vs. State, 28 DLR 259; Emperor vs. Shibnath Banerjee, AIR 1943 (FQ 75; Malik Gholam Mani vs. Government of West Pakistan, 19 DLR......nts of the letter and material facts as disclosed in the report were brought to the notice of the detenu which formed the basis of the grounds particularly that of ground No 4. 22. The fundamental mistake that the learned judges committed was to make a dissection of the grounds which was a compos..Category: Constitutional Law | Date: | Hits: 185
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
....dment of the decree. The said order was also affirmed by the learned Single Judge of the High Court Division as section 152 of the. Code only contemplates amendment of the decree in respect of any clerical or arithmetical mistake but doses not contemplate amendment of a decree of such a substant......9;Respondents Judgment February 17th, 1994. Lawyers Involved: Md. Harun‑ur‑Rashid, Advocate, instructed by Sharifuddin Chaklader, Advocate‑on ‑Record‑For the Petitioners. Respondents‑Not Represented. Civil Petition fo......said order was also affirmed by the learned Single Judge of the High Court Division as section 152 of the. Code only contemplates amendment of the decree in respect of any clerical or arithmetical mistake but doses not contemplate amendment of a decree of such a substantial nature. 3. Mr..Category: Property Law | Date: | Hits: 64
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......…………..Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Unless a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not s......Order XLVII rule 1 of the Code of Civil Procedure”, that is to say, on discovery of new and important matter or evidence which was not known or could not be produced before, (ii) on account of some mistake or error apparent on the face of the record, or (iii) for any other sufficient reason. Consi..Category: Property Law | Date: | Hits: 80
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....se besides Mohammad Ali, there were seven other members in the Committee and other relevant officers also used to remain present in the meeting. It is not unusual to obtain such information even from clerical staff. So, the argument based on assumption can hardly be accepted. 37. According to ch......p; 18 of 1992) Judgment June 30, 1993. Result: All the appeals are dismissed. Cases Referred to- Mobarik Ali Ahmad Vs. State of Bombay, PLD 1958 (Supreme Court) (India) 115; Emperor Vs. Kanji Shirji, (1912) Criminal Law Journal (Vol. 13) 285; Lutfar Rahman Vs. State 21 DLR 933; ......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....n the work for productive purposes in any commercial or industrial establishment, but also embraces a person who on being employed does any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the term of employment be express or implied. But a person......(AD) (1996) 62. ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6.......errd to- Babul and others vs. The State, 15 BLD (1995) (HCD) 88, Md. Aslam vs. State 19 DLR (SC) 242. Lawyers Involved: A A Chowdhury, Advocate, instructed by Md. Nawab Au, Advocate-on-Record — For the Appellant. M Shamsul Alam, Deputy-Attorney-General, instructed by Md. Sajjadul H......n operation in so far as sub-section (4) of section 339C of the new Act is concerned. It will apply to pending cases. 7. It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991; a fr..Category: Criminal Law | Date: | Hits: 75
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....appears that both in order sheet and in the order of commitment he had mentioned section 258(1) CrPC. It is, therefore, evident that the word "discharged" in the order of commitment was a clerical mistake. It could not be an order other than an order of acquittal under the provision of ......; Vs. Amatu Md............................Opposite Party Judgment November 9th, 1970. Cases Referred to- Panchanan Sarkar vs. Emperor, AIR 1930 Cal. 666; Lakshminarayan and others vs. Suryanarayan, AIR 1932 Mad. 502; Emperor vs. A......hat both in order sheet and in the order of commitment he had mentioned section 258(1) CrPC. It is, therefore, evident that the word "discharged" in the order of commitment was a clerical mistake. It could not be an order other than an order of acquittal under the provision of sub-sect..Category: Criminal Law | Date: | Hits: 82
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......llip;…….. Respondent Judgment March 4, 1999. The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the......lamations which is not expected of a seasoned and experienced writer writing on such sensitive subjects. After the issuance of the Rule against him, he lost no opportunity to realise his folly and mistake and he unreservedly and unqualifiedly tendered his sincerest apology to the Court at the ea..Category: Criminal Law | Date: | Hits: 75
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....onsistent with the Act. The Inspector General issued departmental instructions and orders in one of which he has the power to transfer the Head Assistant, Sadar registration offices and also other clerical staff both of Sadar and Mufassil offices of a district from one office to any other office......fundamental right. The protection from transfer from one place to another is protection in connection with terms and conditions of service. If there is any violation of any instruction having the force of law touching upon his terms and conditions of service, the Constitution requires one to tak......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
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