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Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Khorshed Alam Vs. Azizur Rahman & another, 1995, 24 CLC (HCD)
....are discharged and orders of stay stand vacated. Communicate the orders to the Court below to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 48 DLR (1996) 36. ......aster Industries Limited and co-accused Saidul Islam Khan (Tutul) is the Accountant of M/s Rahim Metal Industries Limited purchased by the said Master Industries Limited from the Government. 4. In complaint Case No.761a1 of 1984 which gave rise to Special Case No.60 of 1986 complainant opposite p..Category: Criminal Law | Date: 13 Aug, 1995 | Hits: 99
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
....e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ......dhury, before the Upazila Magistrate, Sadar Upazila on 24.6.90 alleging that the petitioners and four others, all police personnel, murdered one Kamal while he was in police custody. On receiving the complaint the Sadar Upazila Magistrate sent the matter to the Magistrate, First class, Mymensingh fo..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Maulana MA Mannan and 2 Others Vs. State, 1994, 23 CLC (HCD)
.... on the prayer of the complainant. It was held by their Lordships that there is no power in a Magistrate to revive the proceedings, which have come to an end by passing an order of discharge though a second prosecution may be competent on a fresh complaint or fresh police report in respect of the sa......ther submits the learned Metropolitan Magistrate had no jurisdiction to revive the proceedings or entertain any case against the petitioners in respect of the same offence without a fresh petition of complaint or a fresh police report. 5. Mr. Aminul Hoq, learned Attorney‑General appearing on ..Category: Anti-Corruption Laws | Date: 22 Nov, 1994 | Hits: 187
MA Malik Vs. State, 1994, 23 CLC (HCD)
....n ulterior motive in order to humiliate him. 9. As for the earlier application it has been added by way of explanation that the first application was rejected as not Pressed and that so far as the second application is concerned. Mr. Shamsul Alam, the filing lawyer on 18‑8.94 instructed Mr. Kaz......by the informant are absolutely false and fabricated and that prosecution has been motivated by malice so as to cause irreparable injury to the petitioner's reputation and liberty. He argues that the complaint had been made after a year of the alleged beating without any reasonable explanation and s..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Shaban Ali Mia and Shukur Ali Khandaker Vs. State and Md. Harmuz Ali Mollah, 1994, 23 CLC (HCD)
....e naraji petition. The Magistrate appears to have consulted the case diary before taking cognisance although there was a contrary recommendation. 10. Furthermore, this application is nothing but a second revisional application in the grab of an application under section 561A of the Code of Crimin......nce of the offence upon a naraji petition without examining the complainant under section 200 of the Code of Criminal Procedure. He has submitted that the naraji petition is nothing but a petition of complaint and, as such, without examining the complaint under section 200 of the Code of Criminal Pr..Category: Criminal Law | Date: 9 Jun, 1994 | Hits: 80
Golam Moula Master and others Vs. State, 1994, 23 CLC (HCD)
....d in section 155(2) of the Code of Criminal Procedure. Section 155(2) reads: "No police‑officer shall investigate a non‑cognizable case without the order of a Magistrate of the first or second class having power to try such case or (send) the same for trial". 11. Mr. Tufail A......y Metropolitan Magistrate, District Magistrate or Sub‑divisional Magistrate and any other Magistrate specially empowered in this behalf, may take cognizance of any offence (a) upon receiving a complaint of facts which constitute such offence; (b) upon a report in writing of such facts ma..Category: Criminal Law | Date: 3 Feb, 1994 | Hits: 2
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....nner of application to the instant case; firstly, for the reason that the present appeal was not filed under section 412 of the CrPC but under section 10 of the Criminal Law (Amendment) Act, 1958 and secondly, the answer to the accusation (charge) shows that there was no admission or pleading of gui......uilty is not attracted where the accused either challenges the quantum of sentence or 'legality of the sentence." Where, therefore, the accused has been convicted under section 188, PPC on a complaint initiated by a Police Officer for violation of an order under section 144, CrPC, passed by..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
...., the previous record, if any, of the worker and any other extenuating or aggravating circumstances that may exist. Enquiry report of the enquiry officer having not been furnished along with the second show cause notice to the petitioner and the previous record of the petitioner having not been...... an application filed by Md. Mostafa Miah a Rule Nisi was issued calling upon the respondents to show cause as to why the decision and order dated 11. 11.91 passed by the First Labour Court, Dhaka in complaint case No. 37 of 1990 as evidenced by Annexure‑'L' to the petition moved in Court ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
.... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ...... or continuance of the said proceedings the High Court would be justified in quashing the proceedings on that ground. Cases may also arise where the allegations in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constit..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......ground considered sufficient by such special general meeting. Provided that such special general meeting shall be convened only on the resolution of the Executive Committee adopted suo motu or on the complaint made by any person. (2) Such resolution may be adopted by the special general meeting..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....with 7/8 other persons, three of whom were named, stopped the minibus enroute and attacked the conductor of the bus with a dagger with the intention to kill him and caused injuries to his person. The second ground was that about 7 months after this incident the detenu in company of 3‑4 other assoc......l Powers Act ordering that he may be obtained for 120 days for indulging in activities prejudicial to the economic and financial interest of the State. On the same day after the detenu was arrested a complaint petition was lodged with the Chief Metropolitan Magistrate, Dhaka being case No.382 A1‑1..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......rily disabled and took rest at his village home for some time when he was served with a notice (Annexure-A) issued by the respondent No. 1 directing him to appear before him on 28.12.88 for hearing a complaint petition filed by the petitioner's landlords, respondent Nos. 5 and 6, for evicting th..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)
....of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149. ......y way of RR No.622309, 11000 gallons of kerosene oil were despatched to Phulbari Railway Station from Khulna by wagon No. 40058 and when the consignment failed to reach Phulbari, the consignee made a complaint over which he himself held an enquiry. He deposed during enquiry it transpired that the sa..Category: Criminal Law | Date: 20 May, 1992 | Hits: 2
State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......s, namely, 1. Lal Miah, 2. Gouranga Chandra Nath (respondents in this appeal) 3. Abdul Halim and 4. Moinuddin of Balaganj PS and some private persons were involved. The complainant in her petition of complaint filed before the SDO, Sylhet on 14.7.76 alleged that at about 11‑00/12‑00 PM (1.3.75) ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......er section 366 of the Penal Code. A Metropolitan Magistrate and District Magistrate has certain power in such matter under section 552 of the same Code which runs as follows: "552. Upon complaint made to a Metropolitan Magistrate or District Magistrate on oath of the abduction or unlaw..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ...... of the Managing Director of the company and the transfer of the shares from the previous shareholders. Answer of this witness is that he does not know the present shareholders. He has not lodged any complaint against Zahurun Nabi by name but he had complained against the change of directors. He is ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......e accused under s. 342 Cr.P.C. or whether this defect is curable by s. 537 Cr.P.C., as held by a learned Single Judge of the High Court Division. 2. Respondent No.1, Jogesh Chandra Roy, filed a complaint before the Magistrate at Dinajpur alleging that the accused-appellants assaulted him and h..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)
....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ...... 4 P.Ws. were examined and cross‑examined. The case was adjourned to 26.11.89. On that date the complainant appellant filed Hajira of 4 witnesses including one Alamgir Sawdagar named witness in the complaint petition and Abdul Hashem Pakhija Khatoon and Asma Khatoon name as victim in the complaint..Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......the Chief Election Commissioner, In the meantime, respondent No. 10 filed an objection to the Election Commissioner's order for re‑counting the ballot papers alleging that in the absence of any complaint whatever to the Presiding Officer or even to the Returning Officer before the consolidatio..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139