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Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......e case on a Naraji petition without any additional material in the petition which was not mentioned in the first FIR on the basis of which on completion of investigation the police submitted final report which was accepted by the learned Magistrate. Abdus Salam Master alias Salam and another Vs......ng menthol from Hong Kong and 17 packets of menthol arrived in Bangladesh through foreign post on the basis of his document. There was no false statements made by him and subsequently on discovery of mistake he brought documents and papers to show it was a case of mistake in sending four packets of ..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ...... Result: The appeals are dismissed. The Companies Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not of complicated nature, the same can be disposed of i...... the express admissions of a party to a suit, or admissions implied from conduct are evidence and strong evidence against him, but at the same time he is at liberty to prove that such admissions were mistaken or not true". Mr. Ahmed is of the opinion that the respondent in this case has not reb..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......The Rule is made absolute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting the date along with the signature is mandatory. This is a legal provision under section 367 of the Code of Criminal Procedure. MK Zaman & o......ate along with the signature is mandatory. From the original judgment it appears that the learned ADM has not given any date at the end of the Judgment while putting his signature. This type of legal mistake is not expected from a senior officer like an ADM. I do not think that this type of gross ir..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
.... defendant filed an application under section 152 CPC for correction of the judgment and decree on adjusting the amount of revenue paid. Trial Court rejected the application holding that there was no clerical or arithmetical mistake out of accidental slip of omission to take into consideration the i......osite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohini Kanta Mondal, 4 DLR 11; Brojendra La......cation under section 152 CPC for correction of the judgment and decree on adjusting the amount of revenue paid. Trial Court rejected the application holding that there was no clerical or arithmetical mistake out of accidental slip of omission to take into consideration the information slip. The defe..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......e State.......................................................Respondent Judgment March 12 and 14, 1990. Result: Both the appeals are dismissed. Evidence can not be rejected for discrepancy in detail Discrepancy in the matter of detail of incident always occurs even in ......occurrence. Initially 'D' was shown to be a canal. But it is in fact a pathway. Subsequently having referred to his Diary 10 (P.W.9) rectified it saying that 'D' is a pathway and that mistake cropped up due to bona fide mistake. The learned lower Court has also held the same view. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ............................(7) After the publication of the result in the official gazette the elected chairman acquires a vested right and remedy of the aggrieved person is to the Election Tribunal for redress of grievance........................ (9) Cases Referred to- 40 DLR (AD) 270; C......if, Advocate in Writ Petition No. 650 of 1990 and the said petition was rejected on 10.4,90; that the respondent No.5 along with his nomination paper filed an application stating that due to printing mistake in the voters list published on 15.2.90 his actual age was not shown and relying on the SSC ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......rs...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1981 BLD (AD)......security as per provision of section 17(1) of SCC Act Hence the plaintiff challenged the validity of the order dated 13.12.72 in the said Misc. Case No.77/72 in Title Suit No.182/75 (probably it is a mistake for 1974) as it appears from the judgment of the Appellate Division in the case of Murshed A..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......owdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others…………………………&hel......89 B.S against the rent of 1390 B.S. Pursuant to the said direction the petitioner paid Tk. 90,000/- for 1390 B.S. after adjustment of the excess amount of Tk. 12,000/- paid for the year 1389 B.S. by mistake. The petitioner also paid Tk. 1,08,000/- for the year 1391 B.S. It is the further case of th..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......;…………………...........Respondent Judgment March 17, 1986. Result: The appeal is allowed. Lawyers Involved: Awlad Ali—For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 198......rs of Union Panchayet, Shahar Committees and Pourashavas to perform all the functions as provided under the Muslim Family Laws Ordinance, 1961 within the respective areas. So the learned Judge gave a mistaken finding that there was no existence of Arbitration Council and that there was no question o..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ...... Judgment February 12, 1986. Result: The Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers ...... 2. The opposite party No.1 as O.P.W.1 stated in cross-examination that he passed the S.S.C. Examination in 1976. He also filed the original copy of the same Admit Card, Ext. A. He stated that it was mistakenly inserted therein that his birthday was 12 June, 1961. He stated that an affidavit ha..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......lant Vs. Saijuddin & others..........................Respondent Judgment April 7, 1984. Result: The appeal is dimissed. Lawyers Involved: M. A. Aziz—For the Appellant. Syed the Shamsur Rahman- For Respondent Appeal from Apaellate Decree No.......cially that of the Pleader Commissioner's report as to possession. He has further argued that the learned Court below was also wrong in holding that in matters like this when the allegation was a mistaken entry and description of the property written in a registered document can only be rectifie..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......, 1984. Result: the Rule is made absolute Case Referred To- Raja Debt Baksh Singh Vs. Habib Shah XVIII (19,13) C.L.J. (PC) 9. Lawyers Involved: Md. Sharifuddin Chakladerjor Md. Jamir-uddin Sircar—For the petitioners. No one—For the Opposite jarty. ......by the Privy Council that the Raids or Orders of the Code dealing with the case of non-appearance of a suitor were inapplicable to a situation when the suits, was dead. Upon'being pointed out the mistake it was duty of the Court to rectify it, the application of substitution should, have been gr..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......Chowdhury and others.................Plaintiff-Respondents Judgment January 18, 1984. Result: The appeal is dismissed. Cases Referred To- Abdur Rahim Vs. Narayan Das Aurora, 50 IA 84; Alla Rakhi Vs. Shah Mohammad, AIR 1935 PC 77; ILR 56 All. 111=147 IC 887; Ahmadur Rah......haser during the tenure of office of the vendor Mutawallis is not unlawful and the vendor Mutawallis have no immediate right of possession on the allegation that the transfer was made by them by mistake or was byond the scope of their authority. The possession of the purchaser becomes..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)
....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107 ......esult: The Rule is made absolute. Limitation Act (IX of 1908); Section 5 & 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that ......The Rule is made absolute. Limitation Act (IX of 1908); Section 5 & 14. Condonation of delay in filing appeal – Whether time spent by filing a case in the wrong forum due to mistaken advice is to be condoned--That mistaken advice given by a counsel and for that matter even ..Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....tent manner and forum are circumscribed by the statute which confer such right-Review on the ground of discovery of new and important matter or evidence as referred to in rule 1 or the existence of a clerical or arithmetical mistake or error apparent on the face of decree is entertainable and dispos...... High Court Division (Appellate Original Jurisdiction) Present: Mustafa Kamal J Alhaj Md. Ruhul Amin......................................Appellant Vs. Dhaka Municipal Corporation & others................Respondent Judgment September 29, 1983. Resul...... circumscribed by the statute which confer such right-Review on the ground of discovery of new and important matter or evidence as referred to in rule 1 or the existence of a clerical or arithmetical mistake or error apparent on the face of decree is entertainable and disposable by the court which p..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ...... It is a cardinal rule of evidence, not one of technicality, out of substance, that were written documents exist they shall be produced as being the best evidence of their own contents. Nothing is more dangerous than to allow parol evidence to be given of what they are alleged to contain when ther...... including the suit land to the exclusion of all other co-sharers. While being in possession Kali Prasanna sold 13 decimals of land of the suit khatian to Madhab Chandra Banik (P.W.2). There was some mistake in R/S Khatian No. 169. Kali Prasanna started Separation case No. 371 of 1960-61 in the offi..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......ner, but it is difficult to accept such plea because of the fact that the act was done deliberately. There is no doubt that the contemner has shown gross disregard and utter contempt towards the order of the Sessions Judge. Since under the new dispensation of the present Government the Magistra......t it appears that the contemner has admitted the guilt and has tendered unqualified apology and has thrown himself to the mercy of this Court. While affirming this affidavit the contemnor has pleaded mistake on his part in cancelling the bail of one accused Ayub Ali while he was earlier granted..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....al Court, however, rejected the review petition holding This Order has been passed consciously and deliberately keeping in mind the convenience and the inconvenience of both the sides and there is no clerical mistake or error apparent on the face of the record" and then observed: “an......ul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants Vs. Bangladesh Shipping Corporation…………….Respondent Judgment November 12, ......was filed before the High Court Division and the question was whether a decree which is at variance with the prayer made by the plaintiff in the plaint or the relief sought for could be considered as mistake or error on the face of the record. The High Court Division considered that that the court h..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......t September 22, 1981. Result: The Petitions are dismissed. Constitution of Bangladesh (1972); Art. 102 (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction ......here is evidence to sustain a conviction is a question of Law and the members of a Court Martial are the sole Judges of both Law and fact. In my view this Court could not interfere if they had made a mistake of Law and convicting or no real evidence would be a pure mistake of Law. It would of course..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......965), Section 17(3) (h)
Whether single act of neglect would constitute misconduct—
If the omission and negligence of the employee is of serious nature then a single act of neglect of work would constitute misconduct.
In the instant case the aforesaid single act of neglect in ply......ould constitute a misconduct. In this connection, the learned Advocate for the petitioner has referred to some decisions in support of his contention that a single act of neglect of work or action or mistake of a serious nature which might have resulted in an accident would constitute or amount to m..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
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