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Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ......ated into the case and submitted final report. The Sub-Divisional Magistrate accep­ted the final report and discharged the accused persons on 2.2.82. Thereafter the complainant petitioner filed a complaint before the Sub-Divisional Magistrate, Sadar (North), Chittagong on 8.2.82. The case being ..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)

....cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......an of the charge under section 12(1) of the Building Construc­tion Act, 1952 passed by Mr. Banu Gopal Dey, Metropolitan Magistrate, Chittagong in C.R. Case No.173 of 1980 started on a petition of complaint filed by the appel­lant, the Authorised Officer, Chittagong Development Authority. ..

Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

.... a young unmarried girl with the active help and connivance of all other accused per­sons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7.80 complainant Razia Begum was abduc......Case No.298 of 1980 should not be set aside. Pending hearing of the Rule the operation of the impugned judg­ment and order was stayed. 2. Complainant opposite party Mst. Razia Begum lodged a complaint in the Court of the Chief Metropolitan Magistrate, Chittagong on 31.7.80 alleging as follo..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... representations that the safety and security of the life of the Munsif-Magistrate was at stake as the U.N.O. had set up people to assault him after issuance of the first con­tempt Rule. The second contempt Rule has been num­bered as Criminal Misc. Case No.41 of 1984. 4. A number o......azilla, Kurigram. The Rule was issued on the basis of the following facts which were brought to the notice of this Court on a reference made by the learned District and Sessions Judge, Rangpur upon a complaint dated 28.12.83 lodged by the said Munsif-Magistrate:— 1. That on 6-12-83 while ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ......and prayed to discharge the rest. The learned Magistrate accepted the charge-sheet and discharged the rest 8 per­sons. Naraji petition of the petitioner was rejected on 9.6.83. On 12-6-83 a fresh complaint against all those 51 persons was filed by the petitioner before the Sub-Divisional Magistr..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)

.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ...... present tense, pro­viding for an order if the Court 'is' of opinion that it 'is' just and equitable that the company should be wound up. No doubt if there were cogent grounds for complaint at the time when the petition was presented, but they after­wards melted away, there m..

Category: Company Law | Date: 26 Apr, 1984 | Hits: 6

Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)

....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......he case. As such the learned Magistrate drop­ped the Judicial enquiry and complai­nant's petition was dismissed on 4.11.74. The complainant thereafter on 24.6.76 filed another petition of complaint before the Sub-divisional Magistrate, Magura whereupon the complainant was examined on oat..

Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....he transferee is unlawful from the very beginning and limitation would run from the date of transfer. Vide Gnanasambanda, 4 C.W.N 329=27 Ind. App. 69 and Damodar Das, 37 I.A. 147=14 C.W.N. 89. In the second place, even if the subject matter of transfer is only a particular item or items of endowed p......ervice and business; then came to Chittagong and raised objection against the mismanagement of the Wakf Estate by the Mutawallis Yousuf Ali Chowdhury and Fakir Mohammad Chow­dhury. He submitted a complaint to the Wakf Commissioner demanding the removal of the said Mutawallis. The said two Mutawa..

Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1

Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......ions Court to exercise similar powers in a case triable by the Sessions Court. Section 249 Cr. P. C. also empowers certain Magistrates to stop the proceedings of a case instituted otherwise than upon complaint at any stage without pronouncing any judgment either of acquittal or conviction, and there..

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4

A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)

....ti­tion to the A.O.M. who was also a member of the Martial Law Complaint Cell. Evidently, he wanted to make a short-circuit of the process of law in obtaining possession or dis­possessing the second patty of the land through the opportunities of time and occasion throw­ing to the winds h......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..

Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1

Maqsood Alam Vs. KMJ Akbar, Com­modore & others, 1983, 12 CLC (HCD)

..... We hold, therefore, that on the face of it the petition of complaint does not dis­close any offence committed by the accused petitioner far less the offence taken cogni­zance of. 19. It is the second contention of Mr. Hamidul Huq Chowdhury that the dispute sought to be resolved in the crimina......an Magistrate Dhaka. 2. The facts necessary for the disposal of the Rule are that the opposite party No.1 Mr. K.M.J. Akbar, Commodore, Bangladesh Navy, Director of Works, Dhaka filed a petition of complaint (Annexure ‘E’ to the petition) dated 9.2.81 as a public servant U/S. 200(aa) Cr.P.C. (..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)

.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274.             ......premises and remained in illegal and forcible possession thereof during the period of the liberation movement and also for few days thereafter, that on his return to Sylhet in January, 1972 he made a complaint to the S.D.O. Sadar Sylhet following which the plaintiff vacated the suit shop and returne..

Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......f the Sonali Bank. In his cross-examination it was suggested that he did not visit the said branch of the Sonali Bank at all and prepared his report from his house and submitted a false and concocted complaint against the respondent just to harass him. He denied the suggestion. In cross-examination ..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ......h be claims is a separate and legally consti­tuted firm. He claimed that 90% of the work was completed already and the rest of the work would be completed by the end of March and that there is no complaint about the work from the Water Development Board. 11. For the sake of convenience, pet..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)

....titioners were the principal offenders, henceforth having been discharged formerly on the same cause of action, the accuseds will still continue on the same bail till the disposal of the case. A second prosecution is launched on the same facts after the discharge of the accused persons, it cann......ellip;………State Judgment November 28, 1982. Result: The Rule is discharged. Second Prosecution Based On a Fresh Complaint- As the earlier petition of complaint did not disclose whether the petitioners were the principal offenders, henceforth having b..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....allegedly the main culprit in this gruesome murder it is advisable to bring him before this Court in the first instance to examine whether there are materials to proceed against him or not." The second order is dated 22-6-82 passed by the Additional Sessions Judge framing a charge under Section......ahir Mia and one Farid Mia were sus­pected as the assailants of the deceased be­cause of their enmity with him. On 22.9.79 Idu Mia, father of deceased Ferdous @ Shahjahan lodged a petition of complaint in the Court of Sub-Divisional Magistrate Sadar (South), Comilla alleging, inter alia, tha..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ......s of the case shows the same witness. The accused has deposed to the same effect and has not deposed anything in respect of selling of the cloths in the black market. There was neither any fresh complaint or FIR against the accused petitioner nor was there any fresh police enquiry report agains..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....f petitioner No. 2 was not in a position to pay the outstanding dues to respondent No. 4 a deed of agreement was executed on April 21. 1980 between M/s Noor Planters Ltd., first party, M.A. Muktadir, second party and United Planters and Traders Ltd., third party. It was agreed that the transfer of s......simple, but the moot question is not whether it involves a complicated question of title, but whether the application is within the purview of Section 38 of the Act. The Petitioners have no complaint against the Company. In fact, the Company is one of the petitioners. The present case is n..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......ection 157 and Illustration (j) to sec­tion 8 of the Evidence Act which is as follows: "The question is whether A was ravished. The facts that shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which the complaint..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ......ed Matiar Rahman, P.W. 1 Rouf and others who were on bail. That case was fixed on 23-9-69 for examination of the prosecution witnesses. P.W.1 Rouf's mother had nika-married accused Emajuddin. The complaint party opposed the nika- marriage and out of that grudge they arrested accused Emajuddin fr..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3