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Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....e was to be decided on evidence before the trial Court and it was not at all ground for quashment. 11. The discrepancy made in the operative portion of the judgment of the labour Court is a mere clerical mistake and in fact, the petitioner is an employee of the New Nation Publications Limited a...... Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result: The appeal is dismissed. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Altab Hossain, Advocate-on-Record-For the Petitioner. Abdur Razz......e Khan, learned Senior Advocate, appearing on behalf of respondent No.1, on the other hand, subÂmits that in fact, respondent No.1 is an employee of the New Nation Publications Ltd. and that through mistake in the operÂative portion of the judgment, it has been stated that respondent No.1 is not a..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......udgment March 3, 2012. Result: The appeal is disposed of with observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) ......e delay in filing the appeal on the view that the delay in filing the appeal was caused due to the filing of the appeal earlier in a wrong forum by the learned Advocate for the appellant and for this mistake of the lawyer, the appellant should not suffer. 6. Being aggrieved by and dissatisfied wi..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
......ct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
...... by the company (or the firm), and in such a situation, every director of the defaulter company (or partner of the firms) comes within the mischief of the disqualification. This is a glaring drafting mistake in clause(m). Explanation-V makes the mistake clearer in its words “A person or a company ..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188. ......8, 2012. Result: The appeal is allowed with direction. Section 196 B of the Customs Act, 1969 As per section 196 B of the Act the Tribunal has jurisdiction either to confirm or modify or annul the decision or order appealed against, but the Tribunal neither confirmed nor mo......irming modifying or annulling the decision or order appealed against. (2) The Appellate Tribunal may, at any time within four years from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......ationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has been made in Nari-o-Shishu Nirjatan Ain, 2000 for punishment of making false allegation, the provision of Code of Criminal Procedure and Penal Code......ng officers to initial the proceedings against the informant/complaint under the provision of section 17 of the Nari-o-Shishu Nirjatan Ain, 2000. The Tribunal must be stopped from committing the same mistake again and again. 23. In view of above let a copy of this Judgment and Order be sent to th..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......pondent Judgment November 24, 2011. Result: The Appeal is allowed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu Padayachi Vs. Emperor, AIR 1926 Madras 638; Kallam Narayana Vs. Emperor, AIR 1933 Madras 233; Abdul Ghani Vs. State of ...... is not justified in drawing adverse inferÂence against the defence that they did not deny those incriminating evidence. Learned Additional Attorney-General frankly concedes that this is a bona fide mistake on the part of the Tribunal but, according to him, for this defect the appellants should not..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. .............Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it ......ppellants did not apply for issuance of such licences. When his attention is drawn to the above observaÂtions of this Division, the learned Advocate relented and submitted that due to inadvertent mistake the appellants did not apply for such licences. 56. In view of the aforesaid discu..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brothÂer, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware House Ltd Vs. Assistant Collector, 11 BLD (AD) 227; Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Iqbal Hasan Mah......an the proviÂsions of S.115 of the Code of Civil Procedure, it is well established that the High Court cannot in exercise of its power under that section assume appellate powÂers to correct every mistake of law. Here there is no question of assumption of excesÂsive jurisdiction or refusal of ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......er Das, 46 DLR 34; Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 50 DLR 441; Zakaria Hossain Chowdhury Vs. City Bank Ltd. and others, 21 BLD 170. Lawyers Involved: Nikhilesh Datta Advocate - For the Petitioner. Mintu Kumar Mondal, Advocate - For the Opposite Party Nos.1(a) to 1(k).&......not be heard analogously. Courts below, as I see, framed issues relating to specific performance of contract, as such, the Courts below in arriving at the decision committed illegality. It is natural mistake and can be happened as when two suits heard analogously, one get preference over the other a..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......rs, 33 DLR (AD) 113; Abdur Rashid Sarker (Md.) and others Vs. Dines Chandra Das and others, 58 DLR (AD) 159; Samad Sikder @ Somed Sikder Vs. State, 50 DLR (AD) 24; Nowbul Alam and others Vs. State reported in 45 DLR (AD) 140, and Anwara Khatun Vs. Md. Abdul Hye and others, 4 BLC (AD) 14. Lawyers ......destroys the entire story of the pre-emptor about the date of knowledge. When the admission of this witness was confronted to Mr. Kamalul Alam, learned counsel simply replied that there might be some mistake on the part of the trial Court in recording the testimony of this witness but he failed to s..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no......wrong recording of BS Khatian No.63 and 64 but submits that, by this, authority has corrected the Khatian in favour of plaintiff appellant and further submits that while drafting the plaint it was mistake of the learned Advocate who did not include the land of P.S. plot No.19 containing 0.2200 a..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawyers Involved: Md. Hefzul Bari, Advocate-For the Petitioner. K. M. Hafizul Alam, with Mahbub Shafique, Advocates-For the Opposite Parties. ......en occurred. It appears that the learned filing lawyer has explained how the delay was occurred, but in calculating the total days of delay in filing the present revisional application he committed a mistake. In place of delay of 457 days he mentioned that there had been a delay of 91 days only. On ..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......amsul Huq and others........................Petitioners Vs. Abu Taher and others…………………………..Respondents Judgments March 20, 2011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not repres......circumstances the appelÂlate court clearly held also that though in the said exhibit-Uma/6 the corresponding Bengali year had been written as 1348 B.S. in place of 1358 B.S., it was a mere bona fide mistake committed by the scribe. The appellate Court, on consideration of oral evidence adduced by b..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....e-officer shall make the correct entry after giving the parties concerned a hearing and recording his finding in a formal proceeding for the purpose of future reference. 42B. Correction of obvious clerical errors before final publication of record-of-rights:- The Revenue-officer, with the additio......ts annexed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summary proceeding, the High Court Division neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali She......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made absolute.
Case Referred to-
Ain O Salish Kendra (ASK), represented by its Executive Director and another Vs. Bangladesh, represented by the Secretary, Ministry of Labour and Manpower, Bangla...... at the Dhaka Medical College Hospital. The report also gives details of how the girl was sent by her poor father two years previously to work as a housemaid and that she was tortured for every small mistake that she made in and around the house. After the incident she became ill, but was kept confi..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)
.... the period of limitation. The Government Pleader, office of the Deputy Commissioner, Rangpur; Solicitor Wing and the learned Attorney General were very much diligent in pursuing the matter. But some clerical negligence in the law office caused the delay in filing the revisional application, for whi......rbahi Officer, Pirgachha, Rangpur and others ... Petitioners Vs. Md. Dulal Miah……………………...Opposite party Judgment December 8, 2010. Lawyers Involved: No one appears for either of the parties. Civil Rule No. 41 (Con) of 2008 Judgment Md. Ruhul Quddus J.- Th...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)
....and signed it can not be re-opened or re-admitted merely on application as it reached its finality. The decree when drawn up, signed and sealed only can be touched for curing any arithmetical or clerical mistake but can not be set aside by the same Court……………&......llip;…Respondents Judgment July 18, 2010. Result: The application is rejected. The Code of Civil Procedure, 1908 (V of 1908); Order XLI Rule 19 An application for readmission of appeal under Rule 19 of Order XLI is applicable till decree is not drawn up as the......d it can not be re-opened or re-admitted merely on application as it reached its finality. The decree when drawn up, signed and sealed only can be touched for curing any arithmetical or clerical mistake but can not be set aside by the same Court………………&h..Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......et him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ...... be independent as well as expert witnesses. From the evidence of the PWD officers as analysed above, it is very clear that the valuation made by them does not carry any weight. The Court also made a mistake in not considering that expert opinion on any relevant point must be supported by direct (fi..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 1999 SC 625; Micari V. Mann, 481 N.Y S. 2d 967 (Sup, Ct. 1984);......ution. The professor is young, outspoken and has an excellent academic background. In traditional Bangladesh society some one like her is not usually looked upon kindly. In 1998, she committed the ‘mistake’ by attending a meeting that was arranged to discuss the matter of the male faculty member..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......hellip;……………Opposite parties Judgment February 18, 2009. Result: The rule is made absolute. Lawyers Involved: Mohammad Hossain—For the petitioner Md. Tamizuddin—For the opposite party No. 1 Civil Revision No. 445...... learned Advocate appearing for the auction purchaser frankly concedes that the filing of appeal against the order of the Artha Rin Adalat before the learned District Judge is an inadvertent error or mistake on the part of the learned Advocate, over which, the auction purchaser opposite party No. 1 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
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