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Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ein it has been held, that the quashment of the proceedings under Section 561 A of the Code of Criminal Procedure at the stage before framing of the charge is not permissible when the F.I.R. or the complaint itself discloses the offence alleged. In spite of the fact there is a scope for the accuse..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......h the accused Jahangir was in employment. P.W.5 Abdur Rahim has been tendered, P.W.6 Most. Jesmin Akter is the wife of the victim (P.W.2), P.W.7 Abdul Malek, is the victim's brother-in-law who made a complaint to the P.W.4 prior to the occurrence against the accused Jahangir. P.W.8 Md. Monir Hossain..Category: Criminal Law | Date: | Hits: 103
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ...... quashed. 9. Mr. Subrata Chowdhury, by relying on the decision reported in 28 DLR (AD) 38 finally submits that by now it has been well settled that if the first information report or petition of complaint taken as a whole and accepted on its face value does not constitute the alleged offence in..Category: Criminal Law | Date: | Hits: 104
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......eat Act (hereinafter referred as the Act) provides that prior sanction of the Government is required to prosecute a public servant for any offence under the schedule of this Act. If the petition of complaint or the police report is not accompanied by such sanction, the Special Judge shall immediat..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......U.D. Case was Abdul Gaffar. On the basis of F.I.R. (Exhibit-6) the F.I.R. Form of the case was filled in. This witness proved the F.LR. Form as Exhibit-7. This witness further deposed that in view of complaint in the U.D. Case he went to the place of occurrence at 1 .00 a.m. at night to see the coll..Category: Criminal Law | Date: | Hits: 97
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....sue against them and that they are not entitled to get privilege of section 216A of the Act are, in fact, well founded in law and backed by cogent materials on record. 15. Now, let us consider the second contention as raised by Mr. Abdul Khaleque, the learned Advocate for the petitioners that the...... 24.3.2002 to amend the C.R.F. value and in their reply the defendant Nos.1-2 stated that they were not ready to amend the C.R.F. value; that under the compelling circumstances the plaintiff lodged a complaint to the National Board of Revenue on 01.4.2002 in respect of illegal and negligent activiti..Category: Fiscal/Taxation Law | Date: | Hits: 156
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ...... a report by the Security Inspector on the happenings of the 12th July, 1995 the Executive Committee themselves took the cognisance and they are fully empowered to take cognisance even if there is no complaint. He submits that the plaintiff was asked to show cause by letter dated 5.8.95 to which he ..Category: Others | Date: | Hits: 154
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....ka on 29-10-1998 impleading the petitioners as accused therein, stating, inter alia, that the complainant is the Chief Executive of Late Tamizuddin Khan Trust and that Late Begum Atika Khanam was the second wife of Late Tamizuddin Khan and she was also the sister of accused No.1 and was the owner of...... 2. Short facts relevant for the purpose of disposal of this Rule are that one Md. Moktadul Hoque claiming himself to be the Chief Executive of late Tamizuddin Khan Welfare Trust lodged a petition of complaint before the Chief Metropolitan Magistrate, Dhaka on 29-10-1998 impleading the petitioners a..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....if he keeps it waiting until another report should come until whatever is wanting should be made up, he clearly does not take cognisance of the offence. If, therefore, the case is at that stage and a second report is received, showing that no offence is committed, the Magistrate can accept the repor......he certified copy of report of the Assistant Police Commissioner (Kotwali Zone) stating that he did not get any genuineness of the occurrence as alleged by prosecution and moreover he stated that the complaint, himself was not at all available at the time of occurrence at the P.O. and so at that thi..Category: Criminal Law | Date: | Hits: 93
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......r continuance of the said proceedings the High Court would be justified in quashing the proceedings on that ground. Cases may also arise 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 consti..Category: Criminal Law | Date: | Hits: 115
.... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
......d worker."
Clause (b) of sub‑section (1) of section 25 provides that 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 do Labour Court. The pre‑requisite for filing a complaint to the Labour Court is, the..
Category: Labour and Industrial Law | Date: | Hits: 141
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ...... investigation upon SI Amiruddin. He identified the ejhar marked exhibit-1 and his signature marked exhibit-1/1. He deposed in his cross examination that the guardian of the deceased did not file any complaint to him. He defence suggestion that without knowing about the matter he filed the ejhar on ..Category: Criminal Law | Date: | Hits: 119
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......ght. In such circumstances we find that the impugned order passed by the Acting President is neither arbitrary nor mala fide. Moreover, no such ground was taken in the writ petitions. 9. As to the complaint of the petitioner that it was not given opportunity to be heard before cancelling the earl..Category: Others | Date: | Hits: 146
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....ice Abdul Wadud Chowdhury as the arbitrator was not acceptable to them. On 28-4‑94 Bangladesh Air Services Ltd. prayed for an interim order of injunction under Section 41(b) read with item 4 of the second schedule of the Arbitration Act, 1940, for restraining the British Airways from giving effect...... to London, and the Russian shipper sold the goods to English buyers the "cargo owners", who become holders of the bill of lading. After the turpentine was unloaded in England, the English cargo made complaint of short delivery and contamination. The English importers, the owners of the cargo, broug..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......by the learned Sessions Judge was not proper and legal one. According to him the learned Sessions Judge ought to have accepted the Narazi application and directed for trial. 7. It appears that the complaint was filed by the complainant alleging that the shop was set on fire by the accused persons..Category: Procedural Law | Date: | Hits: 100
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....is allegedly the main culprit in this gruesome murder it is advisable to bring him before this Court in the first instance to examine whether there are materials to proceed against him or not." The second order is dated 22.6.82 passed by the Additional Sessions Judge framing a charge under section......e drain to the west of the graveyard and that there was sufficient evidence regarding the complicity of the accused in the murder of his son, The Sub-Divisional Magistrate forwarded the petition of complaint to the Officer-in-Charge, Kotwali P.S. for taking necessary action. The O/C Kotwali inform..Category: Criminal Law | Date: | Hits: 110
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......ner and others. We have heard the learned Counsels for the petitioner and the complainant-opposite party and perused the petition and the annexures thereto. 2. It appears that upon a petition of complaint lodged by the complainant the petitioner along with nine others were summoned under sectio..Category: Criminal Law | Date: | Hits: 107
.... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
......ition of his refunding the termination benefit and foregoing the salary for the period from termination and reinstatement treating the said period as leave without pay. Petitioners' contention in the complaint case was that respondent No.2 filed the IRO Case No.43 of 1989 out of mala fide motive on ..
Category: Labour and Industrial Law | Date: | Hits: 156
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....as wife and husband for 3/4 months. Accused-respondent, thereafter, sent complainant-appellant to her father's residence and did neither take her back nor did take care of her. Accused-respondent for second time married another lady on 13‑3‑1988. Accused-respondent did not take previous permissi......e of learned Lawyer for accused-respondent and are disposing it on delivery of this verdict. 2. A Judgment of acquittal dated January 12, 1991 passed by learned Metropolitan Magistrate, Dhaka in a complaint case acquitting accused-respondent of charge mounted against him has been challenged by ..Category: Family Law | Date: | Hits: 165
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......sentence or order passed by a Court of competent jurisdiction shall be reversed or altered under Chapter XXII or an appeal or revision on account- (a) of any error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, Judgment or other proceedings under this C..Category: Criminal Law | Date: | Hits: 144
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