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Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)

....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......enior Special Judge, Rajshahi in Case No.9 of 1998 (Special) has been challenged by the com­plainant petitioner. 2. By that order the learned Senior Special Judge, Rajshahi summarily rejected the complaint and thereby refused to take cognizance of the alleged offences under sections 161 and 467 ..

Category: Procedural Law | Date: | Hits: 92

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......3 Judgment Siddiqur Rahman Miah J.- By this application under section 561A of the Code of Criminal Procedure, the petitioner Md. Ragib Hasan Khan alias Munu prays for quashing the proceeding of complaint Case being CR Case No.249 of 1997 under section 406/420/109 of the Penal Code whereupon th..

Category: Procedural Law | Date: | Hits: 79

Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)

....un Vs. State 39 DLR 109. 10. Mr. Zakir Ahmed, the learned Advocate for the opposite party No.1 in this revisional application, on the other hand, contended that this revisional application being a second revisional application should not be entertained by this Court. The first Criminal Revision N...... order or orders passed as to this Court may seem fit and proper. 2. The facts, as stated in the petition, in short, are that the present opposite party No.1 Shahar Banoo Ziwar Sultan Bayed made a complaint to Kotwali Police Station through Co-ordination and Control Cell on 5-2-79 stating that th..

Category: Procedural Law | Date: | Hits: 71

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ...... said case were stayed till disposal of the Rule. 3. For the purpose of disposal of the Rule, relevant facts are that opposite party No. 1 Shadulla Hel Mamun as the complainant filed a petition of complaint dated 18-10-2006 with the averments, inter alia, that the accused petitioner No. 1 is the ..

Category: Employment/Service Law | Date: | Hits: 238

Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)

.... Office is directed to send down the record of the case at once with a copy of the Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......by taking into account the defence version of the case." 12. In the said case at paragraph 12, it has been observed: "High Court Division will see that on the facts disclosed in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of pr..

Category: Criminal Law | Date: | Hits: 177

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......jatan Daman Tribunal case No.578 of 2010 should not be set-aside and directed to opposite par­ties to set the victim at liberty. 2. The prosecution story in short is that Md. Abul Hossain filed a complaint case before the learned Nari-o-Shishu Nirjatan Daman Special Adalat No.1, Dhaka, the case ..

Category: Criminal Law | Date: | Hits: 176

Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......to be discharged. 6. Heard the learned Advocate for the oppo­site party No.1 and perused the documents and rel­evant provision of law. 7. Admittedly in this case on perusal of the petition of complaint, it appears that the com­plainant issued a notice on 27-2-2006 giving 7 days time to make..

Category: Civil Law | Date: | Hits: 217

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....the language of section 415 which defines cheating, there are two parts. Under the first part the person deceived must have been fraudulently and dishonest­ly induced to deliver any property and the second part is in respect of a person who by deceiving another intentionally induces the persons dec......r submitted further that in fact the petitioner had stopped payment only because of having his dues on commission settled be­fore payment of the cheques. 3A. First of all we have to look into the complaint petition that was lodged by the opposite party in order to see whether the said complaint ..

Category: Criminal Law | Date: | Hits: 67

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....ion 138 of the Act. Accordingly the trial Court took cognizance of the offence and framed charge against the petitioner under section 138 of the Act, and trial commenced. In such view of the fact the second branch of argument of the learned Counsel for the petitioner is also devoid of any substance.......d be ascertained in it's entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of action in the petition of complaint, the course of justice should not be interrupted readily and proceedings should not be qua..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......a petition of Complaint in the Court of Magistrate, 1st Class, 'Ka' Anchal, Chuadanga against the accused Sarder Ali Hossain, Editor, Protidin Khash Khabar, Chuadanga and 2 others. In the petition of complaint, it has been alleged that the complainant petitioner comes from a very respectable family ..

Category: Criminal Law | Date: | Hits: 81

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

....1969 against the petitioner-company claiming scale of Tk. 820-36-1468/-. in place of Tk. 620-20-980/- with retrospective effect from the date of their appointment. With a view to contest the case the second party-petitioner company filed a written statement denying the first party-respondents' claim......g the submission of the learned Advocate and upon perusal of the Complaint Petition and the exhibited papers filed, the case is proved. 11. Besides, the impugned judgment and order arises out of a complaint case filed before the Labour Court below under Section 34 of the Industrial Relation Ordin..

Category: Labour and Industrial Law | Date: | Hits: 190

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......o force unless contrary intention has been expressly stated in the amending or repealing legislation. The date of occurrence, the date of lodging of the F.I.R. or the date of receipt of the F.I.R. or complaint by the Sub-divisional Magistrate or the Upazila Magistrate or date of submis­sion of char..

Category: Criminal Law | Date: | Hits: 103

Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)

....This Rule is ac­cordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......n, Magistrate, First Class, Shariatpur in C.R. Case No.415 of 1977. 2. The complainant who is a Teacher cam-Member of the Managing Committee of Giriberchar High School of Goshairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was ..

Category: Criminal Law | Date: | Hits: 104

Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......ivision till submission of the police report. 3. The facts leading to the filing of this petition under 561A of the Code of Criminal Procedure (CrPC) briefly is that, one Mr. Todd M. Kiman filed a complaint petition on 16-4-2006 before the Court of learned Metropolitan Magistrate, Dhaka against t..

Category: Criminal Law | Date: | Hits: 124

Enamul Haque Vs. State, 2010, 39 CLC (HCD)

....e stage of the enquiry initiated by calling for the written statement for both the parties to ascertain the possession and other relevant issues, the Magistrate can pass an order of attachment as per second proviso to section 145(4) of the Code, if he considers the case is one of emergency, to preve......to dispossess him from five (5) shatoks of land under situated BS plot No.10843, under BS Khatian No.3823 of Mouza Padua, Police Station-Lohagara, District-Chittagong. The police having forwarded the complaint to the Magistrate 1st Class, Lohagara, the Magistrate has called for a report from the pol..

Category: Criminal Law | Date: | Hits: 105

Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......nches of land from his part in favour of respondent No.8 and also to allow the later to construct his building on the said parcel of land and further the petitioner was restrained from submitting any complaint to any law enforcing agency including the RAJUK. The decision purports to be an outcome of..

Category: Civil Law | Date: | Hits: 74

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......n the basis of his plea of guilty under the Ain………………………..(11 & 13) There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detain­ing an accused in police custody at the Police S..

Category: Criminal Law | Date: | Hits: 81

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......to the case of Al Amin Vs. State, 19 BLD 307, where it has been held that- "First Information Report is not the encyclopedia. It is neither the beginning nor the ending of every case. It is only a complaint to get the law or order in motion. It is only an initiative to move the machinery and to i..

Category: Criminal Law | Date: | Hits: 89

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......dence against the claim of the plaintiff before the Courts below. Retirement is not covered under any of the provisions of any law as grievance and the retirement benefits cannot be claimed by filing complaint case before the Labour Court. In the present case, the plaintiff claiming himself to be an..

Category: Employment/Service Law | Date: | Hits: 166

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ...... accused petitioner did not make any respond which gave the impression that the accused will not pay the amount and as such the case was filed on 27.04.2006. 4. The learned Magistrate received the complaint on 27.04.2006 and the complainant was examined on SA under section 200 of the Code of Crim..

Category: Criminal Law | Date: | Hits: 70