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Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... been held in the case aforecited that Article 2(b)(v) has two parts. The first part comprises the act of association with a committee or participation in a purported bye-elections, and the second part comprises, the mens rea, namely, "attempted to aid or aided the occupation Army in ...... the police. He also admits that he has not filed any petition to anybody regarding the incident of his son. He again says that one Lal Mahmood of Chorhash came to arrest his son. He has made no complaint against him. It is simply unbelievable that a father will remain silent for nearly 1&frac1..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......au of Ami-Corruption to take appropriate and necessary steps in consultations with the Deputy Attorney General (Criminal), Government of Bangladesh to prosecute the delinquent under the law and lodge complaint before the Special Judge, Chittagong under the Criminal Law Amendment Act of 1958.
14..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....is a Sub-inspector of police and the police constables, because firstly the S.I. of police and the constables are not the kind of Public Servants who come within the scope of section 197 Cr. P.C. and secondly the offences alleged in the complaints have not been committed while acting or purporting t......5 and 439 of the Code of Criminal Procedure. 2. The facts of Criminal Revision No.139 of 1980 arising out of C.R. Case No. 1395 of 1979 are as follows :- The petitioner Rokeya Begum filed a complaint on 31.12.79 in the Court of the Sub-divisicnal Magistrate, Sunamganj, against opposite-par..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....provisions of law, Mr. Ishtiaq Ahmed submitted that a proper analysis of the decisions of these Courts would reveal that in most of these cases infringement of equality clauses was not urged and secondly, where such infringment had been urged, it was found that there was no such infringement, b......nister and the extent of judicial control over such exercise. 47. Facts of this case were that the appellants who were the members of a regional committee of the Milk Marketing Board made a complaint to the Minister of Agriculture, Fisheries and Food under Section 19(3)(6) of the Agricultu..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ......r XVIII of the Cr, P.C. committed the accused persons to the Court of Sessions to stand trial on the aforesaid charge. 3. Over the same occurrence, Opposite Party No. 2 Khudeja Bibi filed a complaint on 12-7-76 against the petitioners and another, namely, Kacha Mia in the Court of the Sub-..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......dgment Syed Muhammad Husain J. - This rule arising out of an application under Article 102 of the Constitution is directed against a decision of the First Labour Court dated 24.1.78 in complaint Case No.11 of 1977 directing reinstatement of the respondent No. 2 in the service of the p..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......a nullity, but in the fact and circumstances of each case the aggrieved party can complain about lack of knowledge of the last leg of the proceedings and the Court would be required to examine if the complaint is a reasonable one………(23) Cases Referred to- Jai Behram Vs..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....owara tried to go out of the room but Saleha caught hold of her, then appellant Iqbal hit on the head of Saleha with a wooden piece (Dasha). Saleha fell down on the red carpet. Monowara rushed to the second floor and informed the appellant's mother Syeda Begum. The mother immediately came to the......8, 1978 at about 1.30 P.M.; and he in collusion with Driver, Anwar Hossain and mother Syeda Begum falsely fabricated a story of suicide and through his brother Iftekheruddin alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Hoq Chowdhury carried out the post-mort..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
....llegation revealed that he prevented Mr. Alvi, Assistant'Manager, from leaving the office for his house and had also prevented his car from moving any further than where he had stopped it. In the second one, it was alleged that he snatched away the workers' attendance register from the ......d communicate his decision, in writing, to the said worker." (b) if the employer fails to give a decision under clause (a) or if the worker is dissatisfied with such decision, he may make a complaint to the Labour Court having jurisdiction, within thirty days from the last date under claus..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
....ted against an order of the High Court Division in Writ Petition Nos. 654 and 655 of 1976.
The points for consideration are whether the courts below erred in law in not considering the second stipulation of the agreement which manifestly reserves with the company the power to take app......of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
.... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......under the Special Powers Act.
6. The decision in the case of Dost Mohammad Vs. The State, 29 DLR 122 (Badrul Haider Chowdhury and Siddique Ahmed Chowdhury JJ.) does not apply in this case as the complaint in the said case did not disclose any offence coming within the mischief of the Special Po..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
.... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ......ed point of law that a dismissed worker; his dismissal having no connection with industrial dispute, cannot maintain an application under section34 of the Ordinance and that his remedy lies in a complaint under section 25 of the Employment of Labour (Standing orders) Act, 1965. It is,..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....ntainability of this application. He contended that the same order of detention was previously challenged in Writ Petition No. 357 of 1977 which upon hearing on its merit was rejected and as such the second application is incompetent. 5. Mr. Serajul Huq, the learned Advocate for the petitioner ......de means a judgment of conviction or acquittal. Even in Madras in Emperor V. China Kaliappa Goundan (1906) 29 Mad 126=16 MLJ 79=3 Cr.L.J. 274 White C.J. at P. 131 held that an order of dismissal of a complaint under Section 203 is not a judgment within the meaning of s. 360 and t..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Govt of Bangladesh Vs. The Chairman 2nd Labour Court, Dakha, 1978, 7 CLC (HCD)
.... of any conflict between the Ordinance and the Act, it is the Ordinance which shall prevail, firstly because it was a central statute when it was made and the latter was a Provincial'-Statute and secondly because former being the last will of the legislature, will override the earlier Statute. W......ent of his right secured, or guaranteed under any law including the Standing Orders; Act even if that Act is not applicable to him. As this Act is not applicable to him he cannot file any petition or complaint before a Labour Court u/s 25 of this Act. But he may file an application u/s&nbs..Category: Labour and Industrial Law | Date: 31 Jul, 1978 | Hits: 4
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Magistrate, Sadar (North) Chittagong should not be quashed. 2. Opposite party No.1 Haji Yeakub Ali Chowdhury filed complaint petition before the Sub Divisional Magistrate, Sadar (North) Chittagong, alleging, inter a..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......nd often stayed the suit for reasonable time giving in opportunity to the plaintiff to establish his title in an appropriate action. The practice of English Court of Equity with regard to the bill of complaint for partition continued to exert great influence in our country long after the powers the ..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....Judges considered amongst others the vires of Article 31-C which excluded judicial review by insertion of a clause of conclusiveness of the de termination, The majority opinion was that the second part, namely, "and no law containing a declaration that it is for giving effect to such ....... This rule was issued on 14-4-1978 and it has been fixed for hearing on 27-4-1978. 2. Facts giving rise to this proceeding are as follows: on 31-1-76 one Rahim Aktar Khatun lodged a petition of complaint before the Sub divisional Magistrate, Kishoregonj alleging, inter alia, that on 18-3-75 at..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)
....s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124. ..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....be justified in law. Against the order of the High Court, Abul Hossain Sana filed an appeal to the Supreme Court of Pakistan on Special leave. It was urged before the Supreme Court that even if a second prosecution were competent on fresh comlaint; or on a fresh police report in respect of th......at cases. Their Lordship noticed that in pre-partition India authority was not uniform on the question of Magisterial power of revival of a case after the discharge of an accused or dismissal of a complaint out of the cited cases their Lordships specifically referred to only 2 cases namely, Ahwa..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
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