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....pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila Khatun
Bibi, 51 DL......of the deity presented the appeal without any permission of the Court
under Order XXXII, rules 1 and 3 of the Code of Civil Procedure. He submitted
with citations of authorities that such bonafide
mistake could be corrected even by this Division.
42. I have considered the prayer for remand
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
.... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......¦â€¦â€¦â€¦â€¦â€¦â€¦ Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: The Rule is discharged without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, ......n for hearing, this Court cannot interfere with the order of the lower appellate Court in dismissing the appeal for default. Learned Advocate for the petitioner submits that this is an inadvertent mistake on his part in not advising his client to file proper application either under rules 19 or ..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ...... The Code of Civil Procedure, 1898 (Act No. V of 1898) Order XLVII, rule 1 Review The scope to review a judgment is very limited and until and unless it comes within the four corners of the ingredients specified in Order XLVII, rule 1 of the Code of Civil Procedure, no judgm...... is very limited and until and unless it comes within the four corners of the ingredients specified in Order XLVII, rule 1 of the Code of Civil Procedure, no judgment can be reviewed to correct any mistake or erroneous decision by taking the power of the appellate Court…………….(4) ..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......e in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ...... authorities which reconciled with the bank statements and books of accounts which were duly audited by chartered accountants? d) Whether the Appellate Tribunal was justified in not correcting the mistakes as apparent from record under section 173 of the Ordinance? 12. Mr. A. B. Siddique, lear..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ...... 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1995 Supp (1) SCC 153; Yabbacom vs King, 1899 1 King Bench 444; Union Territory, Chandigarh Admn vs Managing Society Goswami, DGSCE, AIR 1996 SC 1759; K Ramdas Shenoy vs Chief ......anction by its decision dated 21-6-1999. The petitioners were informed of the decision by the letter dated 24-6-1999. The writ-respondents have also stated that the sanction was accorded, by bonafide mistake. Because there is a legal bar for construction of a building more than 6th floor in and arou..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......90; Zafar Ali Vs. Md. Momtaz Hasan, 49 DLR 319; Shahariar Rashid Khan Vs. Bangladesh, 5 BLT 38 = 2 BLC 106; 15 BLT (AD) 106; 32 DLR (AD) 223. Lawyers Involved: Md. Abdul Jabbar, Advocate - For the Petitioner. Sadananda Rana, Advocate - For the Opposite Parties. Civil Revisional N......n Ekrarnama on that date, that is on 16-11-1959, admitting that he would reconvey the said land in favour of the defendant Nos. 6 and 7 if they refunded back the Kabala money within 10 years. For the mistake of the deed writer the name of mouza of the transferred land was wrongly written as Chitalma..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ...... Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Mohan Meah……………..............Petitioner Vs. Dhaka City Corporation Mayour, Dhaka.....................Respondents Judgment April 29, 2007. R......ustrated by technicalities. In Writ Proceedings, which is an equitable jurisdiction, the Court should always have the liberty to condone procedural defects and irregularities occasioned by bonafide mistake or inadverÂtence………………………..(8) Cases Referred to- Banglades..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... of the said Act runs as follows: The Collector shall maintain up to date, in the prescribed manner, the Record-of-rights prepared or revised under Part IV, or under this Part by correcting clerical mistake and by incorporating therein the changes on account of: [a] the mutation o......¦â€¦â€¦â€¦â€¦â€¦Respondents (In both the writ petitions) Judgment March 7, 2007. Result: The Rules are made absolute. Cases Referred to - Md. Aftab Ali Sheikh Vs. Director, Land Records and others, 11 MLR 226; Mustafa Kamal and others Vs. Director Land Records and ot......aid Act runs as follows: The Collector shall maintain up to date, in the prescribed manner, the Record-of-rights prepared or revised under Part IV, or under this Part by correcting clerical mistake and by incorporating therein the changes on account of: [a] the mutation of names a..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......llants Vs. The State……………………………………………. Respondent Judgment July 20, 2006. Result: The Appeal is allowed. Lawyers Involved: Kh. Saiful Haque-For the Accused-Appellants. Nikhilesh Dutta, Deputy Attorney-General with Md. Rabiul Karim and Md.......e money was carried and kept in safe custody for running day to day business as C & F Agent. No offence of smuggling has been made out against the accused appellants and submitted final report as mistake of fact, with prayer for discharging of the accused appellants and release of the seized mon..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
.... inasmuch as the judgment conflicts with the provisions of Section 4(2) of the Employment of Labour (Standing Order) Act 1965 which provides for the period of probation for worker whose function is clerical in nature for 6 months and other such workers for 3 months including break due to leave an......our Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD) 62; Managing Director,......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......dgment April 18, 2006. Result: The Rule is made absolute. Case Referred to- Breeh Vs. Amalgated Engineering Union, (1971) 1 All ER 1148. Lawyers Involved: S.M. Zahidur Rahman - For Petitioner No.2. No one appears - For Opposite Parties. Civil Revision No.1523 of 1990 (Dha......ng amendment of pleading is engrafted in Rule 17 of Order 6 of The Code. The provisions embodied in Order 6, Rule 17 of The Code constitute a Rule of Procedure advancing a remedy to rectify an error, mistake, omission or default in pleadings of parties. The consideration is to minimize the litigatio..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......Vs. Khagendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid and others Vs. The Province of East Pakistan and others, (1971) 23 DLR 203. Lawyers Involved: Rubaiyat Hossain, Assistant Attorney-General-For the Petitioner. No one appears- For the Opposite Party. Civil Review No....... lease and that as such, cancellation of plaintiff s lease was not according to the Rules. The learned Additional District Judge further found that if the settlement was given by the then S.D.O. mistakenly for his incompetence, he should not be retained in service. The learned Additional Distri..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......p; Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attorney-General and Abdul Malek, Assistant Attorney-Ge......d order of conviction and sentence. 11. Let us now examine the evidence along with the facts and circumstances of the case in our own way to ascertain as to whether the trial Court committed any mistake in evaluating the evidence on record, and. whether the prosecution has been able to bring ho..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......p;……Opposite Parties Judgment August 29, 2005. Result: The Rule is discharged. Section 114 of the Code empowers a Court to review its own judgment and make such order as it thinks fit thereon only when the prayer for review is based on the grounds mentioned in ......e‑hear the matter afresh or judge the matter as an appellate Court. Provisions of Order XLI of the Code referred to and relied upon cannot therefore be resorted to in the exercise of review. A mistake made by a party on perception of a fact or law is therefore no ground and would not entitle ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......disposed of. Case Referred to- Chowdhury and Sons Ltd. and another Vs. Government of Bangladesh and Others, Writ Petition No.294 of 2001. Lawyers Involved: ABM Bayezid, Advocate- For the Petitioner in Writ Petition No.3230 of 2002. SM Rezaul Karim, Advocate- For the Petition....... Rais Uddin Ahmed, learned Advocate appearing on behalf of respondent No.2, on the other hand, submits that the impugned bills were issued upon the computer reading and, as such, there cannot be any mistake. 14. Mr. SM Rezaul Karim learned Advocate for the petitioner of Writ Petition No.8269 o..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ...... Deepak Dwarkadas Patel and another Vs. State of Gujarat, 1980 CriLJ 29; Hemayet Uddin Awronga Vs. State, 46 DLR (AD) 186. Lawyers Involved: Md. Khurshid Alam Khan with Md. Ziaur Rahman- For the Petitioner. M Amirul Islam with Sajawar Hossain, Nikhilesh Dutta, Deputy Attorney-Genera...... of the witnesses of the charge-sheet on the ground that during investigation they were examined and their statements have been recorded under section 161 of the Code of Criminal Procedure but due to mistake their names were not included in the charge-sheet though they have been sent to the Court an..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......ult: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and both civil and criminal cases can run together, and ......e of Criminal Procedure and obtained the Rule as well as stay order on 23/2/1995. 5. Mr. Md. Abu Bakar Siddique, the learned Advocate appearing on behalf of the petitioner, submits that bonafide mistakes were committed in granting loan to the different parties as the petitioner was not aware of..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....ad vehemently argued and raised objections against the filing of the same, the Hon’ble Court rejected his contentions on the ground that there was nothing wrong in the Power of Attorney and the clerical errors, if there are any, can easily be corrected later by the instant petition as soon as ......State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162. Lawyers Involved: Md. Moksadul Islam, Advocate-For the Defendant-Petitioner. SK Siddique, Advocate-For the Plaintiff-Opposite Party. Misc......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ...... 72; Saru Meah Sowdagar and another Vs. Al‑haj Jahanara Begum and others and Dula Meah Vs. Md. Ibrahim, 8 DLR 616. Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Moonir, Advocates- For the Appellant. MI Farooqui with M Sadekur Rahman, Advocates- For Respondent Nos.1 and 2......ii) whether the parties performed their duties as per the contract; (iii) will there be any hardship on the part of the appellant to perform the contract; (iv) has the Subordinate Judge committed any mistake or error in passing the impugned judgment and decree? All these points are taken up jointly ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....e face of the record exists. It is not a rehearing of the main appeal Review is not intended to empower the Court to correct the mistaken view of law, if any, taken in the main judgment. It is only a clerical mistake or mistake apparent on the face of the record that can be corrected by leave but do......on apart from the power of review under the Code of Civil Procedure and rule 45 of the Appellate Division Rules and paramount power is specifically exercised to do complete justice of great public importance but where there is no error apparent on the face of the record or no provision of law was le......n is reheard and corrected. A review lies where an error apparent on the face of the record exists. It is not a rehearing of the main appeal Review is not intended to empower the Court to correct the mistaken view of law, if any, taken in the main judgment. It is only a clerical mistake or mistake a..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
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