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Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......y the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......ic remedy is provided for in the Code of Civil Procedure, shortly, the Code, power cannot be exercised by a Court under section 151 of the Code except in a case of fraud committed upon the court or a mistake committed by the court itself and also in a case where an application is filed without any d..Category: Others | Date: 5 May, 2004 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......e ...........................................Respondent Judgment March 22, 2004. The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing o...... face of the record, and in a civil proceeding on grounds similar to those mentioned in Order XLVII, rule I of the Civil Procedure Code. Now, as rule 1 of Order XLVII of the Code also speaks of a mistake or error apparent on the face of the record, this ground for review is common to both the ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
....falling within the definition of employer who is employed in an establishment or industry for hire or reward either directly or through a contractor to do any skilled, unskilled, manual, technical or clerical work whether the terms of employment be expressed or implied and for the purpose of any pro......1.
......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
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Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......t is, to pay money or money's worth. If the agreement was to pay money or money's worth or if the defendant became liable to pay the price of goods purchased by him or received by him under a mistake giving rise to what is known as a quasi contract, there was at the inception of the transact..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ........... Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3, 2003. The Constitution of Bangladesh 1972, Article 102 (2) Delay or prompt decision taken in the matter of cancellation of allotment in the circumstances of the case......, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made; it may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analog..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ...... and others, 1988 BLD HCD 497; Bangshadhar Mitra and others Vs. Natabar Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No......ocedure for admitting certified copies of two sale deeds executed on 5.3.1984 and 30.9.1986 as additional evidence and making those as Exhibits canvassing ground that due to inadvertence and bonafide mistake said deeds had not been filed in Trial Court. Hearing of First Appeal commenced on 27.4.2003..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......LR 486; 16 DLR (SC) 722; 16 DLR (SC) 731; M.O. Ghani Vs. A.N. Mahmood, 18 DLR (SC) 463; 18 DLR (Dhaka) 242; Mohd. Yusuf Vs. Chief Settlement Commissioner, 20 DLR (SC) 187; 39 DLR (AD) 1; AIR 1949 (Lahore) 131; Hari Bishnu Kamath Vs. Ahmed Ishaque, AIR 1955 SC 233; AIR 1958 (PUNJ.) 180; AIR 1966 (MAD......n 26.10.2001 after the alleged eviction of her on 25.8.2001 and the same statement has been reiterated by the petitioner in paragraph No.4 of the said notice. It might be a genuine printing mistake but at no point of time till to-day it has been said so. We have already pointed out that in..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Nurul Huq (Md.) Vs. State, 2003, 32 CLC (HCD)
...., 2000 against the appellant, being informant of the case, is hereby set aside. Communicate this order to the Court concerned Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 588...................................................Respondent Judgment April 28, 2003. Result: The Appeal is allowed. Lawyers Involved: Md. Raziur Rahman Chowdhury, Advocate—For the Appellant. Sk Rezaul Karim, Assistant Attorney-General—For the State-Respondent. ....... The learned Assistant Attorney-General, however, does not controvert the submissions made by the learned Advocate appearing for the appellant to the at once effect that the Tribunal has committed a mistake in directing the Magistrate to file a case against the informant. 7. It appears from th..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......ection 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentation......passed on fraudulent misrepresentation or undue influence etc has no legal effect and the Court or the Tribunal does not become functus officio with the passing of the order on the basis of fraud, mistake, undue influence or misrepresentation etc which are ex‑facie void……&he..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......eme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and another.........Appellants Vs. Md. Yusuf Ali Khan and others...............and used as police outpost and is still continuing to be under the control of the police department. However, the suit property was not included in the gazette under Ordinance LIV of 1985 due to a mistake. 5. The learned Subordinate Judge after hearing the parties arrived at the finding..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......pment Board & others......Respondents Judgment August 18, 2002. Case Referred to- 46 DLR (AD) 97. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Ozair Farooq, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-R......the date of award till realization of the awarded amount. Learned Counsel for the respondent submits that this petition for review is not maintainable since there is no "glaring omission or patent mistake or liked grave error has crept in earlier by judicial fallibility". He further submits that..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......d Gazi and another, 5 BLC (AD) 19; Abdul Kader alias Manju Vs. State, 46 DLR 605; Asiman Begum Vs. State, 51 DLR (AD) 18. Lawyers Involved: Md. Abdus Sobhan with Md. Shafiqul Alam, Advocates—For the Appellant. Md. Abdul Baset, Assistant Attorney-General—For the Respondent. Criminal A......find that the facts and circumstances of the present case are distinguishable from those of the cases reported in 46 DLR 605 and 5 BLC (AD) 19. In the case reported in 5 BLC (AD) 19 owing to bonafide mistake at the time of framing charge wrongly section 506 (Kha) instead of section 506 part II of th..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ...... Procedure, 1908 (V of 1908), Order XXXIX Rule I A party involved in a case can not do any act to bring about a change in the existing state of things when a case is pending in order to obtain an order of the court showing the changed circumstance. Lawyers Invl...... while decreeing an interlocutory matter and made same findings touching the merits of the suit which could be avoided", but learned Single Judge of the High Court Division himself made the same mistake in holding absolutely on no basis to the effect that "I am of the view that the reasons..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. ......00. Thereafter, on 24-1-2001 they have filed another affidavit-in-opposition with, a prayer for accepting the same on the ground that the earlier affidavit-in-opposition contains innumerable printing mistakes. After hearing the learned Advocate for Janakantha the affidavit-in-opposition filed on 24-..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......am (Md) & another………………………Appellant Vs. State …………………………Respondent Judgment April 30, 2002. Lawyers Involved Syed Ziaul Karim, Advocate—For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney- General—For the Respondent. Cr......legal, unjust, improper and not legally sustainable. It is specifically submitted that the accused-persons were not properly convicted and sentenced against the charges framed and, as such, committed mistake in passing the conviction and sentence. He has also brought our notice to the facts and circ..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......449, 635. ......ad was still residing in the suit property with his family members. Binayendra was never in possession of the suit land and after his death, his sons and wife never inherited the suit property and by mistake in RS khatian name of Ava Rani Aich was recorded with respect to the suit land. It is also c..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ...... Md Ruhul Amin J KM Hasan J AS Ahammed J Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors............. Respondents Judgment &n......ition that tile case land was derequisitioned or the possession thereof was restored to their predecessors‑in‑interest of the respondents upon refund of compensation money. Therefore, any mistaken approval of plan and mutation or names in tire record of rights do not have any bearin..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......p;......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; Dahyabhai Chhanganbhai Thakkar vs. State of Gujarat, AIR 1964 (SC) 1563. Lawyers Invol...... medical report without giving requisite permission to the Jail Superintendent for shifting the condemned prisoner to the PG Hospital, Dhaka for necessary examination and report. Consequently of this mistake, although several dates were fixed for submitting medical report, no medical report was avai..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law. Ed. ...... Penal Code, 1860 (XLV of 1816) Section 109/111 No distinction between 'principal in the first degree' and 'principal in the second degree.' Under section 111 of the Penal Code an abettor is liable for a different act if that was probable consequence of the abetment……&h......request of the accused guarantor, but it was further alleged that the delivery was made on the promise of the guarantor that he would replace the stock to be delivered within a short period. For this mistake the learned Judges failed to notice that the accused petitioners before them (herein the res..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......shy;desh and others…………………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation of the result of the Petitioner......cards were issued to the petitioners and they sat for the said examination. 32. The main argument of the learned Advocate for the petitioners is that if there is any discrepancy, irregularity or mistake in any form the petitioners are not liable for that. &nbs..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
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