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Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
.... he was exonerated from prosecution. Obviously the facts of that case are different from those of the present one and the principle laid down therein is not applicable to the present case. 38. The second case referred to by Mr. Mashood is In-re Gulabchand Rupaji, reported in India Law Reports vol...... Joint District Judge, 1st Court, Lakshmipur in Miscellaneous Case No.41 of 1986 forwarded under section 476 of the Code of 1898 a copy of that order to the Court of Magistrate to treat the same as a complaint against the petitioner with allegations that the petitioner committed offences under secti..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......itioner. Thereafter, legal notice was issued on 24-8-2006 which was received by the accused-petitioner on 27-8-2006. Since demand for payment of the money was not met, the complainant had to file the complaint case on 14-9- 2006. The trial Court after taking cognizance in the matter, proceeded with ..Category: Procedural Law | Date: | Hits: 128
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ...... an 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 FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute the..Category: Criminal Law | Date: | Hits: 92
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......en on the Senior Special Judge to take cognisance of the offence as per law. 2. The short fact leading to the issuance of the present Rule is that, the complainant‑petitioner filed a petition of complaint on 24‑8‑92 against accused‑opposite parties Nos.2 and 3 before the Senior Special Ju..Category: Criminal Law | Date: | Hits: 130
....nt paragraph 11 wherein it has been held:
"The requirements of natural justice in case of an enquiry of this kind are, first, that the person accused should know the nature of the accusation made; secondly, that he should be given an opportunity to state his case; and thirdly, of course, that the......ion of the examination. It is further stated that the petitioners were not asked to appear before the inquiry committee disciplinary board and, as such, the specific allegation nor particulars of the complaint were known to them as no specific report or particular of the basis of such allegation was..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. .......00 from almirah, informant Bachu and victim Shafiqur Rahman had taken away one maund of mustard seeds from that house worth Take. 600.00. 5. Counter case was started on the basis of a petition of complaint filed by accused Yunus Miah against this informant, his father, brothers and others and th..Category: Criminal Law | Date: | Hits: 75
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ......2 of 1991 pending in the Court of the Magistrate, 1st Class, Jhalakati Sadar, District‑Jhalakati is for quashing the proceeding. 2. It appears that the case started on the basis of a petition of complaint filed by opposite party No.2 alleging that she was married to accused No.1 Md. Badruzzaman..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....used is discharged pursuant to a final report that means that the accused has been discharged from custody under section 500 of the Code and not discharged from the case. The legal position is that a second prosecution is permissible if the order of discharge was not passed on merits. If cognizance ......ode and not discharged from the case. The legal position is that a second prosecution is permissible if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no objection to the proceedings at all and in a proper case an application fo..Category: Criminal Law | Date: | Hits: 138
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......ladesh & others………………………Respondent Judgment June 28, 1998. Result: The Rule is discharged. Even if the presiding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been..Category: Election Law | Date: | Hits: 591
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
.... Division under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect to any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. W......the petitioner from the allegation of the CR Case No.306 of 1991. 2. The prosecution case, in brief, is that the opposite party No.2, Mohammad Ali, as complainant on 30-03-1991 filed a petition of complaint in the Court of Chief Metropolitan Magistrate, Chittagong against the petitioner alleging,..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......l Case, are heard together and disposed of by this common judgment. 2. Facts relevant for the purpose of disposal of these two Rules are that one Kafiluddin as complainant lodged a petition of complaint on 10.7.79 before the Sub-Divisional Magistrate, Gazipur, alleging that he along with ..Category: Procedural Law | Date: | Hits: 111
.... Chowdhury. In 1901, he died leaving three sons, namely, Kumar Ronendra Narayan Roy Chowdhury, Kumar Ramendra Narayan Roy Chowdhury and Kumar Rabindra Narayan Roy Chowdhury. First Kumar died in 1910, second Kumar in 1909 and third Kumar in 1913. All of them died childless.
18. Under section 5 of ......epared in their names and finally published in respect of RS Plot No. 1229, 1258, 1261, 1266, 1259 appertaining to RS Khatian No. 386, Annexure K.
9. Over the construction, respondent No. 2 made a complaint under section 145 of the Code of Criminal Procedure before the Chief Metropolitan Magistra..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... by a margin of 33,377 votes. 3. There are two aspects to the petitioner's case; the first relates to the Election Expense, in particular the submission of the return of election expenses; and the second aspect is the illegal means employed by the respondent in canvassing for votes. 4. The all......ue and Juba League etc. in that constituency were arrested by the law enforcing agencies because they were a threat to free and fair election. The Petitioner admitted that he did not make any written complaint regarding these allegations. 20. The Petitioner also admitted that he did not make any ..Category: Election Law | Date: | Hits: 300
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......werment of women, in particular those who face exploitation and harassment. 5. On 3.5.2008, four women students of the Drama and Dramatic Theory Department of Jahangirnagar University made written complaints to the Vice Chancellor alleging misconduct involving sexual harassment by Associate Profe..Category: Employment/Service Law | Date: | Hits: 169
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....xures therein, it is apparent that allegations were made by the complaint through the proceeding of CR Case No.55/2004 now pending in the Court of Magistrate, 1st Class, Satkhira that the complainant second party gave Taka 75,000 to the accused petitioner for transfer of a land in favour of him and ......re was no baina-patra amongst the parties. It may be mentioned that the accused persons admitted receipt of money in the diary of the complainant. When accused persons are using dilatory tactics, the complaint filed petition before the Upazila Nirbahi Officer, Shyamnagar being petition No.115 of 200..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....ears to be faulty inasmuch as the incident that took place at the Courtyard of the informant consists of several parts. The first part related to teasing of the informant's sister by the appellant, second part relates to protest made by informant's mother leading to exchange of words and thereafte......plain of abdominal pain but the learned Advocate has lost sight of the fact that at that time she was completely lying in senseless condition and as such it was not possible on her part to make any complaint of abdominal pain. Here it needs to be mentioned that Dr. Jalil who treated medically the ..Category: Criminal Law | Date: | Hits: 118
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rned Advocate in this respect cannot be taken into consideration for the purpose. If the facts submitted by the learned Advocate about the fresh cause of filing the 2ndcomplaint, are available in the second complaint petition, then the consideration would have been otherwise; because, there may be......ite-Parties Judgment August 8, 2010 Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247, 248, 249, 403 and 561A Whether a complaint case previously instituted on the self same allegations against the same accused, and the ..Category: Procedural Law | Date: | Hits: 108
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....e address of the residence of the accused petitioners Theol Medical College and after receipt of the notice the accused petitioners assured to pay the money which they did not. Again on 25-4‑2001 second notice was sent to the accused petitioners who in spite of receipt of the notice did not take......y the money within the period of 15 days as envisaged under clause (c) to proviso to section 138, the liability of the drawer for being prosecuted for the offence he has committed arises provided the complaint is filed within one month as envisaged in section 141 (b) of the Negotiable Instruments Ac..Category: Civil Law | Date: | Hits: 163
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....s case and shall be tried by the Sessions Judge as Sessions case. But the instant case has been numbered as Special Tribunal case which is violating of the provision of mandatory provision of law and secondly learned Sessions Judge Cox's Bazar has no jurisdiction to try the case as cheque was dishon......otiable Instruments Act, the petitioner preferred this petition before this Court and obtained the Rule. 7. Mr. Abdul Jalil, the learned Advocate for the petitioner submits that accordingly to the complaint petition, the Global Air Link made an agreement with Air Parabad Ltd. to take rent of four..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......h and demanded the said money from the petitioner who denied to have received the same from the complainant. This resulted in filing the aforesaid Complaint Case No.5 of 1985. 3. Upon filing the complaint the Magistrate issued summons to the petitioner and his father in response to which they a..Category: Criminal Law | Date: | Hits: 110
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