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....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......ordinarily be indisposed to grant anticipatory bail where the allegations are of heinous nature. Claim that the allegations are cooked up shall also not be adjudged at that of point if the FIR or the complaint petition, as the case is, prima facie, discloses an offence. Whether the allegations are f..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......e have considered the submissions of the learned Advocate, perused the impugned judgment and the materials on record. 14. The High Court Division came to a finding that the petition of complaint was lodged on 30-11-1998 and that the FIR was lodged on 01-12-1998 and that while she was ..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......der No.25 dated 29.04.2012 of the same Court passed in Special Case No.223 of 2009 arising out of C.R. Case No.5516 of 2008 discharging the opposite party 2. 3. The petitioner had filed both the complaint cases on the allegations, inter alia, that opposite party 2 had given him two cheques both..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
....ught the BLA Case on 11-10-2011 by placing an application under section 213 of the Bangladesh Labour Act, 2006 (hereinafter to be referred as the Act, 2006) impleading the present petitioners as second party praying for a declaration that second party-petitioners had no authority to hold electi...... power to adjudicate matters placed by the wooers or employers or collective bargaining agent in the following cases:
Section-33(3)
Lodging of complaint court by the worker against the decision of the employer in respect of grievance on termin..
Category: Labour and Industrial Law | Date: 18 Nov, 2013 | Hits: 5
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ...... judgment and order dated 9-2-2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.2788 of 1999 quashing the proceeding of CR Case No.4690 of 1999 started on a complaint filed by him under section 138 of the Act. ..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......s arranged in the cause title of the revision application) passed by learned Metropolitan Sessions Judge, Chittagong in Sessions CaseNo.2054 of 2011. The said sessions case arose out of a petition of complaint filed by respondent No.2 as complainant before the Chief Metropolitan Magistrate, Chittago..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ...... erred in law in passing an order for implementation of the decision of the Administrative Tribunal in exercising its writ jurisdiction. The judgment and order directing the writ-petitioner to make a complaint under section 166 of the Penal Code against the Government officials is unwarranted i..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....g in modern day 'jihad' and various shades of fanaticism and extremism in gaining political power which is opposed to law, Constitution and the fundamental tenets of Islam itself.
4. The second limb of their case is that the BJI is opposed to the birth of Bangladesh which was founded on......s Lordship further observed:
It is only when Courts are apprised of gross violation of fundamental rights by a group or class action or when basic human rights are invaded or when there are complaints of such acts as shocks the judicial conscience that the Courts, specially this Court, sho..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....General Manager, Hotel Inter Continental Dacca 2nd Labour Cour reported in 28 DLR 160, did not necessarily include a dismissed workman or who has ceased to be and is no longer in employment. The second part of the definition, as also noted in the CM, Hotel Inter Continental Case, provided an ex......ts and circumstances of each case. It is contended that it was incumbent upon each Respondent to file an application instead under section 33, this being the condition precedent to filing a complaint before the Labour Court as contemplated within section 33 itself. It is submitted that the..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......rt of 4th Assistant Sessions Judge, Narayangonj, should not be quashed. 2. Facts, relevant for disposal of the Rule, in brief, are that one Akhil Chardra Basak as complainant filed a petition of complaint in the Court of learned Chief Judicial Magistrate, Narayangonj on 20.10.2008 stating, inte..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......are dismissed. It is true that in the judgment sought to be reviewed, there had been no detailed discussions as to the point raised before the High Court Division that the respective petition of complaint having been filed before expiry of the statutory period as stipulated in clause(c) of the ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......nbsp; July 23, 2013. Result: The Appeal is allowed. There is no absolute bar in filing a petition of complaint before expiry of thirty days of the receipt of the notice issued under clause (b) of the p..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......complainant stated that he had served a legal notice within 15 days from the date of the receipt of information of the return of the cheque, non-discloser of the date of service of notice in the complaint petition cannot be a ground for quashing the proceeding…….(20-22) ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ection 138 of the Act, 1881, was clearly attracted and the complainant rightly filed the petition of complaint alleging the commission of offence under the said section of the Act. So far as the second contention was concerned, the High Court Division observed that there was no legal scope of c...... discharging the Rule. 2. Facts necessary for disposal of this petition are that respondent No.2, Md. Shamsul Alam as complainant (hereinafter referred to as the complainant) filed a petition of complaint before the Additional Chief Metropolitan Magistrate, Chittagong, under section 138 of the ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....osed or both, as the case may be, before consideration of such appeal by the Tribunal. Unless this 50% deposit is made, or requirement of such deposit is dispensed with by the Tribunal in view of the second proviso to sub-Section (1) of Section 194, the appeal cannot be considered by the Tribunal as......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......tencing each of them to suffer rigorous imprisonment for 30 days only. 2. The facts as set out in the Criminal Petition No.219 of 2000, in short, are that the complainant lodged a petition of complaint alleging that on 7th Magh, 1392 BS corresponding to 21.01.1986 at about 2.00 P.M. the pre..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
....-Corruption Act does not envisage that the sanction is necessary for lodgment an ejahar, rather it is required for the purpose of prosecution which eventually commences after taking of cognizance and secondly, the Government accorded sanction examining the relevant papers and prosecution materi......he 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 allegation in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ...... (3) Where there is a legal bar against institution or continuance of a criminal case against an 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 con..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....s of section 20(1) and 32 of the Anti-Corruption Commission Act, 2004 and section 4(4) and 6(1) of the Criminal Law Amendment Act, 1958. 68. Now comes the second point, as raised by Mr. Moudud Ahmed regarding the status of the Ordinance No. VII and VIII o......se has termed it 'very unique in its nature' and categorically and consistently held (in Civil Review Petition No. 32 of 2011) that; “Accordingly, inquiry, investigation lodging of complaint and conduct of prosecution of the cases and holding of the trial in respect of those cases..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ef, are that the writ petitioner joined Crescent Jute Mills Ltd., Khalishpur, Khulna on 12.11.1986 as a weaver. He was promoted twice, firstly to the post of Senior Weaver (বড় তাঁতী)and secondly to that of Labour Sarder in 2009. He performed his duty honestly and diligently. Being a po......taken into consideration. 5. The petitioner successfully completed more than 24 years of his service in the Mills. During this long period, he did never face any departmental proceeding even any complaint. Because of his satisfactory performance, honesty and sincerity he was promoted twice by t..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
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