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Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......n abuse of the process of the Court. (3) Where there is a legal bar against the initiation or continuation of the proceeding. (4) In a case where the allegations in the F.I.R or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute the o..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......thout hearing discontinued the arbitration proceeding and without giving any award as required under law verÂbally told petitioner that their claim cannot be susÂtained. Then the petitioner filed a complaint before the Chairman, Mongla Port Authority-respondent No.2 by memo No. KCL/Port Cons-96/18..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......ng of Doublemooring P.S Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/121A/109 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Chittagong. 2. A lengthy complaint was made by the complainant, Maxim Ltd. against the accused petitioners and others allegin..Category: Criminal Law | Date: | Hits: 114
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....ve the Rule is disÂcharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......ot suffice by itself to show that at the time when he participatÂed in the ceremonies he intended to deceive her. 8. On going to the materials on record it tranÂspires that as in the petition of complaint it has been categorically stated that by deceitful means the accused induced a belief in t..Category: Criminal Law | Date: | Hits: 126
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....petitioner hurriedly concealed one bundle of Taka 50,000 inside one of his shoes and had dropped another bundle of Taka 50,000 on the carpet covering his office floor, since he could not conceal this second bundle. Then the informant, in presence of the witnesses named in the FIR, seized the said am......cate, appearing for the opposite party No.2 (ACC), firstly submits that, the recovery of the alleged bribe money being seized by police before the ACC had started any investigation upon receiving any complaint, as per provision of Rule 3 or Rule 4 of the ACC Rules, the alleged recovery was not made ..Category: Anti-Corruption Laws | Date: | Hits: 44
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
.... true in their face value, do not constitute any offence, as the activities were a business transaction under a contract, with an element of dishonor of the cheques for an unpaid portion of the dues; secondly there was no entrustment of any property by the FDC to the petitioner and as such section 4...... the learned advocate for the accused petitioners, submits that the proceeding, of C.R. Case No.2355 of 2001 are liable to be quashed on three grounds: firstly the allegations made in the petition of complaint, even if taken to be true in their face value, do not constitute any offence, as the activ..Category: Criminal Law | Date: | Hits: 66
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......f the legal dispute. 8. Section 205D, sub-sections (1) and (2) is fixed that: "Section 205D. (1) - Whom in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case it is made to appear to the Magistrate, during the course of the inquiry or trail hel..Category: Criminal Law | Date: | Hits: 39
.... registration of MMDL’s project with RAJUK will not improve the case, in that, the rules of 2004 do not confer any right to establish a housing project violating the mandatory provisions of law and secondly, these rules will not prevail over the parent law.
51. It is contended on behalf of th......rd for Dhaka City or the area under Savar Police Station as earmarked in the Dhaka Metropolitan Master Plan (DMDP-1995-2015), or any one from the area, that is, Mouza-Bilamalia and Boliarpur made any complaint to any authority, whereas, the respondent No.8 company submitted tow study reports one fro..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......oney. Other co-accused including this petitioner helped accused No.1 to remain in hiding at Khagrachhari and extended support so that money is not paid. In such circumstances, the informant submitted complaint which was subsequently treated as F.I.R. The police afterinvestigation also submitted char..Category: Criminal Law | Date: | Hits: 62
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......en, he shall be entitled to come before the civil Court for redress of his grievance under proviso to section 25 of the Employment of Labour (Standing Orders) Act wherein it has been provided that no complaint shall lie before labour Court against an order of termination of employment of a worker un..Category: Labour and Industrial Law | Date: | Hits: 137
....etitioner from the charges and, as such, appellant authority acted illegally in dismissing the appeal. He further submitted that copy of the inquiry report was not supplied to the petitioner with the second show cause notice and, as such, he was prejudiced in his defence to the second show cause not......rges were separately enquired and two inquiry reports were submitted. Petitioner having not annexed copy of the said inquiry reports it is difficult to say that inquiry officer against whom he raised complaint submitted the inquiry report. It further appears that on consideration of the inquiry repo..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......tice. (3) Where there is a legal bar against initiation or continuation of a criminal case against in accused person. (4) In a case 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: | Hits: 92
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......ate to pass arbitrary order of disÂcharge. He has to comply with certain requiÂrements. He must assign cogent reason and should come to a finding that the charge is groundless and in doing so, in a complaint case, such as the present one, he should consider the petition of complaint, the documents..Category: Procedural Law | Date: | Hits: 78
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......assed as to this Court may seem fit and proper. 2. The facts leading to filing of this application under 561A of the Code, briefly are that, one Nurul Azim Babul @ Babul Mollah filed a petition of complaint on 11.12.01, before the court of Chief Metropolitan Magistrate, Chittagong, against the pr..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......¦â€¦â€¦â€¦â€¦â€¦â€¦..(26) The Foreign Exchange Regulation Act, 1947 (Act No. VII of 1947), section 23 In case of any contravenÂtion of any provision of the Foreign Exchange Regulation Act etc. complaint should be filed before the Magistrate by the person authorized in this behalf either by th..Category: Criminal Law | Date: | Hits: 109
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......on 406/420/467/468/471/476/121-A/109 of the Penal Code pending before the Court of Chief Metropolitan Magistrate, Chittagong. 2. The relevant facts for disposal of these rules, are that, a lengthy complaint was made by the complainant, Maxim Ltd., against the accused petitioners and others allegi..Category: Criminal Law | Date: | Hits: 70
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......€¦â€¦â€¦.Petitioner Vs. Md. Hasan Ali………………………………………………….OppoÂsite-Party Judgment June 21, 1987. Result: The Rule is made absolute. If the complaint does not disclose any offence, it will be an abuse of the process of law....................Category: Civil Law | Date: | Hits: 144
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......r under section 256C of the Code of Criminal Procedure. 6. Mr. Aminul Islam, the learned Advocate of the accused petitioner submits that the accused petitioner as complainant on 02.10.2007 filed a complaint case before the Chief Metropolitan Magistrate, Chittagong under section 420/406/467/468/47..Category: Criminal Law | Date: | Hits: 107
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
.... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ......on case and evidence were accepted still they did not constitute any offence under section 493 of the Penal Code. 7. He further submitted that there was neither any evidence on record nor even the complaint petition itself showed that there was any kind of ceremony of marriage so as to give a bel..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....nt and Iwas simply unable to leave. Today it is one of the great honors of my life to bepresent before you in this Court. As the Court drew itsdeliberations to a close, you again graciously made a secondrequest that I travel to Dhaka and appear before you. By thencircumstances had changed and I w......and in a surreptitious manner. 31. They were never aware of the charges brought against them or the alleged offences they were arrested for. At no pointof time were they supplied with any FIR, any complaint or any kind of paper whatsoever relating to the alleged arrest, custodyor trial. They w..Category: Criminal Law | Date: | Hits: 154
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