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Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ...... J Ali Ahsan Muhammad Mujahid…………………………Appellant Vs. The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh………………......d in order to maintain respect for law; it is essential that the punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them. It is a mistake to consider the objects of punishment as being deterrent or reformative or preventive and no..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ...... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Mahmudul Islam………………...Petitioner Vs. Anti-Corruption Commission and others............Respondents Judgment May 18, 2015. Re......question. 21. Therefore, the unjustified claim by the ACC have been vitiated on two counts, one by issuing the impugned claim which the ACC is not authorized to do and the other by admitting the mistake. 22. That being the position nothing is left for making further deliberations in this R..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
...... Queen in Privy Council; Bachan Singh Vs. State of Punjab, 2(SCC)(1980) 375; Matadeen Vs. Pointu 1 (AC)(1999) 98; West Coast Hotel Co. Vs. Parrish 300 (US) (1936) 379; Heath and Milligan Mfg. Co, Vs.Worst (1907) 207 US 338; Mithu Vs. State of Punjab 2 (SCC) (1983) 277; B.G. Goswami Vs. Delhi adminis......a provision in an enactment has been recognized by Stephen, J. as noticed by Lord Thring in Re Castioni (1891) 1 QB 149 as under:
“I think that my late friend, Mr. John Stuart Mill, made a mistake upon the subject, probably because he was not accustomed to use language with that degree of..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......00 and section 303 are declared ultra vires the Constitution.
Despite repeal of the Ain of 1995, the pending cases and pending appeals in respect of those offences shall be tried and heard in accordance with the provisions of the Ain of 1995, but the sentences prescribed in respect of similar n......a provision in an enactment has been recognized by Stephen ,J. as noticed by Lord Thring in Re Castioni (1891) 1 QB 149 as under:
“I think that my late friend, Mr. John Stuart Mill, made a mistake upon the subject, probably because he was not accustomed to use language with that degree of..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....before such excision the contending parties shall be notified giving opportunities of personal hearing. Under rule 42B the Revenue Officer shall make correction of obvious errors i.e. arithmetical or clerical before final publication of the record-of-rights. Rule 44 empowers the Director of Land Rec...... Result: The Rule is discharged. Case Referred to- Bhawal Raj Court of Wards Estate represented by its Manager Vs. Rashida Begum, 15 BLC (AD) 115 and Md. Aftab All Sheikh Vs. Director of Land Records and Survey and others, 58 DLR 397. Lawyers Involved: Md. Khairul ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
...., quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ...... The Government of Bangladesh represented by the Chief Prosecutor, International Crimes Tribunal, Dhaka…………………&hel......dermines it’s soundness or results in miscarriage of justice. A review of judgment is a serious step and the Courts are reluctant to invoke their power except where a glaring omission or patent mistake or grave error have crept in earlier by judicial fallibility. It must be conferred by law ei..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......ented by the DC, Lalmonirhat ..........Respondent Judgment March 8, 2015. Result: The appeal is allowed in part. Clause (ka) of section 11 does not speak of any hurt grievous or simple, it has prescribed two kinds of punishments (i) sentence of death if anyone causes the dea......sentenced to suffer rigorous (sic) imprisonment for life along with a fine of Taka 50,000 (fifty thousand)" and the other order as stated hereinbefore. The High Court Division also made the same mistake. In the context, it needs to be mentioned that from the impugned judgment and order, it does..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
.... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
......ps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
......ন. Thus, it is evident that the provident fund contribution was not added as perquisites in the assessment year 2004-2005, although such ground was taken before the Tribunal perhaps due to bonafide mistake. Since provident fund was not added under section 30(e) of the Ordinance in the year 2004-20..
Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)
....Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in: ......ection 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in: ......ারকুইজিট হিসাবে বিবেচনা করিয়াছেন. the assessment year 2004-2005, although such ground was taken before the Tribunal perhaps due to bonafide mistake. Since provident fund was not added under section 30(e) of the Ordinance in the year 2004-20..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
....hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
...... (2010) 330
......
Arbitrators have no Jurisdiction over the Court but Court has Jurisdiction over the Arbitration—
The decisions of the arbitration is subject to review by the Court, either at the time of mistake of some rules of the Court or on the application of any of the parties. There were arbitrati..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
......, 2014.
Result:
The petition is dismissed.
Lawyers Involved:
KhurshidAlam Khan, Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner.
Sarder Rashed Zahangir, Deputy Attorney-General instructed by Md....... Government Servants (Discipline and Appeal) Rules, 1985 (the Rules, 1985), limitation for filing departmental appeal is 3(three) months, but the Member of the Administrative Tribunal "committed mistake in realizing the provision of law in (sic) the limitation issue." The Appellate tribuna..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......spondents Judgment April 17, 2014. Result: The petition is disposed of. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by M Wali-ul-Islam, Advocate-on-Record—For Petitioners. Sikder Mo...... were created recently for the purpose of the suit. 16. The question of title of the suit land has not at all been resolved by the High Court Division as well as by the appellate Court. For mere mistake in the schedule to the plaint, a party should not suffer and should not be deprived of valua..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ......ellip;……..................Petitioners Vs. Osi Mia alias Osi Mia Sawdagar....................Respondents Judgment March 9, 2014. Result: The civil petition for leave to appeal is dismissed. To prove the possession Plaintiff did not have any posses......t No.2 executed a registered deed of sale dated 19-5-1976 according to the terms and conditions of the bainapatra in favour of defendant No.1. It is necessary to mention that there were some bonafide mistakes in the description of boundaries of the land of the schedule of the said registered deed da..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
.... retirement from service with effect from 30-9-1994. The same was accepted on 20-10-2002. Though it appears that, on 30-10-2002, he was terminated from service but Mr Alam submits that the same was a clerical mistake. After acceptance of the prayer for voluntary retirement from service, the que......urt
Appellate Division
(Civil)
Present:
Nazmun Ara Sultana J
Md. Imman Ali J
Md. Anwarul Haque J
Hasan Foez Siddique J
Bangladesh Agricultural Development Corporation and others.......Appellants (In all the cases)
Vs.
Md. Abdur Rashld and ot......nt from service with effect from 30-9-1994. The same was accepted on 20-10-2002. Though it appears that, on 30-10-2002, he was terminated from service but Mr Alam submits that the same was a clerical mistake. After acceptance of the prayer for voluntary retirement from service, the question of ..
Category: Administrative Law, Employment/Service Law | Date: 2 Feb, 2014 | Hits: 9
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....w which stares one in the face, and there could reasonably be no two opinions to be entertained about it, a clear case of error apparent on the face of the record would be made out. It is only a clerical mistake or mistake apparent on the face of the record that can be corrected but does not in...... AHM Shamsuddin Choudhury J Abdul Quader Mollah .....................Petitioner (In both the cases) Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka...........Respondent (In both the cases) Judgment&nbs......statutes. With the above findings, the review petitions were dismissed. 23. In appropriate cases, this Division on the doctrine of ex debito justitiae may pass any order by correcting mistakes in the judgment but inherent powers of this Division may be invoked only when there do..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....ndoned in respect of the final decree only. The entire order reveals that the appeal has been admitted against both the preliminary decree and the final decree. The learned District Judge committed a clerical mistake while converting years and days into days. Such a clerical mistake cannot stand on ......lip;Petitioners Vs. Md. Shahnewaz and others…………………….Respondents Judgment October 10, 2013. Result: The petition for leave to appeal is dismissed. An appeal from a preliminary decree is not incompetent even if...... respect of the final decree only. The entire order reveals that the appeal has been admitted against both the preliminary decree and the final decree. The learned District Judge committed a clerical mistake while converting years and days into days. Such a clerical mistake cannot stand on the way o..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....eans any person including an apprentice employed in any shop, commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does ...... Result: All the Petitions the Rules Nisi are discharged. Cases Referred to- General Manager, Hotel Inter Continental Dacca 2nd Labour Court, 28 DLR 160; Railway Men's Stores Vs. Chairman Labour Court , 30 DLR (SC) 251, AK Khan and Co, Vs. Chairman Labour Court, 32 DLR ......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ...... Result: The Appeal is dismissed Cases Referred to- Shabitribala Vs. Rohinikanta Mondal 4 DLR 11 and AIR 1965 (Madhya Pradesh) 21. Lawyers Involved: PC Guha, Advocate—For the Appellant-Petitioners. First Appeal No.684 of 2001. Judgment Md. Nuruzzaman J.......the order of dismissal of the appeal for non-prosecution his client, said Moklesuddin Ahmed, again wrote a letter dated 17-2-2013 to his learned Advocate Mr. PC Guha stating that due to unintentional mistake he was instructed Mr. Guha as such and the said letter is also reproduced in paragraph No.6 ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ......rashad Tripathi Vs. State of Bhopal and Sudhakar Dube Vs. State of Bhopal PLD 1957 Supreme Court (India) 406. Lawyers Involved: Cumar Debul Dey with Mr. Sheikh Omar Sharif, Advocates—For the Petitioner. Momtaz Uddin Fakir, Additional Attorney-General with MH Sarder, DAG Gazi Md....... defence lawyers. 44. In this connection we also like to say that sitting in this Division we have observed that the learned Sessions Judges of various districts have been committing the similar mistake. 45. In view of the above, we direct the Secretary Ministry of Law Justice and Par..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ...... another……………………………Opposite Parties Judgment January 17, 2013. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitione......13. Result: The Rule is discharged. Opportunity to prove the allegation by adducing evidence- There is scope for the accused-petitioner to explain about the matter and rectify the mistake in calculating assets, even if any, at the time of trial as required under section 27(1) of ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
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