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....1998 and is also entitled to his full emoluments. It is obvious that the first party invoked section 18(2) of the Act, claiming lifting of the order of suspension and full pay and allowance from the second party Corporation……(42)
Cases Referred to-
Kumudini Hospital Vs. Kum......y arise in a single establishment or a factory. It may well arise also in such a manner as to cover the industry as a whole in a case where the grievance, if any, passes from the region of individual complaint into a general complaint on behalf of all the workers in the industry. Such widespread ext..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....lant had no hand in the matter of trial. If there was a trial in the wrong forum the responsibility must lie with the prosecution. But that does not also mean that an accused can never be tried for a second time by an appropriate Court. The better view is that when it is found after a full trial tha......re. Section 190 of the said Code empowers any Metropolitan Magistrate, District Magistrate or Thana Magistrate or any other Magistrate specially empowered to take cognizance of any offence upon (a) a complaint (b) a police report in writing (c) information received from any person other than a polic..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......aside the judgment and order dated 15â3â1999 passed by the 3rd Court of Additional Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Case No. 553 of 1999. 3. The appellant filed the complaint case in the Court of Chief Metropolitan Magistrate, Dhaka under section 25 of the Securiti..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)
....respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......Judgment December 14, 2003. Result: The petition is dismissed. The Trade Marks Act, 1940 (V of 1940), Section 20 (2) Had the petitionerâs product been registered possibly a complaint could be made under the Trade Marks Act to protect the trade mark of the petitioner but th..Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......sub‑section (3) of section 417 of Cr. P. C. has no manner of application in respect of an appeal arising from the judgment of acquittal passed in a case initiated not upon a petition of complaint but registered in a police station upon lodging of an Ejahar. In view of the provisions a..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
.... Court Division in Writ Petition No. 670 of 1994). Judgment Md. Fazlul Karim J.- The second‑party respondent obtained leave to appeal against the judgment and order dated 26̴......service dated 2‑10‑1992 passed by appellant No. 1 and prayed for an order for his reinstatement in service with back wages. 3. The appellant No. 1 alone contested the said complaint case by filing a written statement denying the material allegations made in the complaint..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Abul Kashem Khan Vs. State, 2003, 32 CLC (HCD)
....rvations made in the body of this judgment. Communicate the order to the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......isions of section 27 of the NariâoâShishu Nirjatan Daman Ain, 2000 the Tribunal had the jurisdiction to take cognisance of an offence under the said Ain on the basis of the said narajee petition (complaint petition) even without any report by the police. According to him, the learned Tribunal ac..Category: Women and Children | Date: 27 Aug, 2003 | Hits: 157
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......in default, to suffer rigorous imprisonment for one month more. 2. The prosecution case, in short, is that one Biresh Chandra Das, a co‑villager, as complainant filed a petition of complaint in the Court of Upazila Magistrate, Beanibazar alleging, inter alia, that on 21‑6..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ....... However, the informant filed the criminal case before competent Magistrate, since the local people failed to settle up the matter out of Court and that the concerned Magistrate sent the petition of complaint to the local police station for treating it as first information report and, as such, the ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
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.......riâoâShishu Nirjatan Daman Ain, 2000 against the informant for initiating a false case against the accused persons of the case. 2. The appellant namely, Md. Nurul Haque, lodged a petition of complaint on 17â5â2001 in the Court of Magistrate (Cognisance Court No.2), Habigonj against Mukt..Category: Women and Children | Date: 28 Apr, 2003 | Hits: 126
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......ppellant under section 6(5) of the Muslim Family Laws Ordinance, 1961 (the Ordinance) and sentencing him to suffer one year rigorous imprisonment. The respondent No. 1 filed petition of complaint on August 12, 1986 before the Court of Magistrate, Nabinagar Upazila, Brahmanbaria, stati..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......e convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A There is no bar for the complaint case to proceed side by side with winding up proceeding about the same subject matter.&nbs..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
.... merit with a direction for sending the case to the trial Court for further investigation. He further submitted that when under section 417 of the Code of Criminal Procedure there is no provision for second appeal, the High Court Division ought to have rejected the appeal in limini." ......nbsp; (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in writing of a relevant court is not necessary and there is no bar in initiating legal p..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... the accused have committed offence alleged against them and are liable for punishment under section 24 of the said Ordinance. The Securities and Exchange Commission then filed the above mentioned complaint petition cases against the accused respondents. 4. The learned Magistrate took cog..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
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. ......nullah and Inspector Anwar Hossain; that subsequently the Inspector Anwar Hossain complained that these products were not unfit for human consumption and there was no destruction of the products. The complaint was enquired, on several occasions and the allegation against the respondent was found rio..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......r 28, 2002. The Negotiable Instrument Act, 1881 ( XXXVI of 1881), Sections 138 and 141 Taking cognizance upon examination of the attorney a petition of complaint under section 200 of the Code of Criminal Procedure is “perfectly valid and appropr..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......and hotel boy Abdur Razzak and Md. Ali Bhutto rushed to the room and heard and saw the matter. On the following morning the victim returned home and reported the occurrence to her husband who filed a complaint case before a Magistrate having the competent jurisdiction at Rajbari who sent the petitio..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....he court finds that there is a prima facie evidence for a fresh trial by a proper court when also there may be consideration for which it may not be felt appropriate to require the accused to stand a second trial. For example, if it is found that the accused had suffered a substantial part of the se......ion. The victim became unconscious and then she was taken to Barisal Sher-e-Bangla Medical College Hospital for treatment. After completion of the treatment she came back home and filed a petition of complaint before the Magistrate Court. Thereafter, by the order of the Magistrate the complaint peti..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ight of all subjects of Her Majesty, though it has its boundaries, that right covers a wide expanse and its curtailment must be jealously guarded. However, the criticism should first, be accurate and secondly, be fair. d) That the Judges and the Courts are alike open to criticism, and if reason...... a further principle of law has been laid down Which is that none shall by misrepresentation or otherwise bring unfair pressure to bear on one of the parties to a cause so as to force him to drop his complaint, or to give up his defence or to come to a settlement on terms which he would not otherwis..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......t state a single word in her evidence that she was raped by any of the accused persons. She just said that: "āĻ¤āĻžāĻĻā§āĻ° āĻāĻāĻāĻ¨ āĻāĻŽāĻžāĻ° āĻāĻĒāĻ° āĻāĻ ā§āĨ¤" But she did not make any complaint regarding sexual intercourse or penetration of penis of the accused in her private part. F..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
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