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Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
.... case commenced in the appropriate Court with the observation that it would be for the trial Court to say whether the appellant should continue on bail during the trial also. 14. As regards the second point urged before us that the investigation was perfunctory and the same is contrary to the ....../324/325/326/302/34/114 of the Penal Code. In the charge-sheet, accused Azad and Mustafa were shown absconding. 5. On the self-same occurrence Haji Rajab Ali, father of accused Asheque Ali filed a complaint petition against the informant of this case and others in the Court of Upazila Magistrat..Category: Criminal Law | Date: | Hits: 74
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......h of a negative or a positive duty imposed by a Statute would not by itself call for an injunction restraining a person from doing so, unless there existed some positive obligation in favour of the complaint. The existence of such a personal right and its invasion by the wrongdoer is the only ex..Category: Civil Law | Date: | Hits: 178
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......edings in C. R. Case No.2958 of 1994 under sections 482 and 483 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. Complainant Sirajuddin Sarkar filed a petition of complaint on 1.11.1994 in the Court of Chief Metropolitan Magistrate, Dhaka against the opposite par..Category: Procedural Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....cation under section 561A of the Code of Criminal Procedure for quashment of the proceedings in C. R. Case No.555 of 1997 under section 406 of the Penal Code that was pending before the Magistrate of second class, Comilla. 2. Complainant Md. Abdul Malek, Secretary of Nabiabad Islamia Dakhil Madra...... the Penal Code that was pending before the Magistrate of second class, Comilla. 2. Complainant Md. Abdul Malek, Secretary of Nabiabad Islamia Dakhil Madrash, Devidwar, Comilla filed a petition of complaint before the cognizance Court No.2, Comilla on 10.8.1997 against the petitioner alleging, in..Category: Criminal Law | Date: | Hits: 85
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......suffer rigorous imprisonment for three years with fine as above. 2. Facts necessary for disposal the Rule, in brief, are that the informant Haji Ahmed (now dead) initially had filed a petition of complaint before the Sub-Divisional Magistrate, Brahmanbaria against the petitioners and two others ..Category: Limitation Law | Date: | Hits: 194
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....allegations the respondent No.2 prayed for reinstatement after setting aside the order of dismissal. Before filing of the said application he submitted a grievance petition on 11.12.83. 3. The second party-petitioner, the employer, filed a written objection denying the material allegations ......rom service and directing his re-instatement. 2. The Respondent No.2 was a permanent worker as Fitter in the workshop of the employer-petitioner M/s. Adamjee Jute Mills Ltd. He filed the aforesaid complaint case under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 allegi..Category: Labour and Industrial Law | Date: | Hits: 160
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... Order, 1973 the said Society is a Local Authority at defined under the General Clauses Act and hence we are led to irresistible opinion that this application is maintainable. 6. To appreciate the second branch of submission of Mr. AF Hasan Ariff that in view of Article 68 of the order other ef...... be decided by the ad-hoc Managing Board and the impugned order Annexure-D being issued by the President, the President also cannot be left to decide the dispute made against his action other words a complaint made against the President cannot be entrusted to be decided by the President. From the ab..Category: Civil Law | Date: | Hits: 169
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......M Enayetur Rahim with Md. Shahidul Islam, Advocates—For Opposite Party No.1. Criminal Miscellaneous Case Nos. 6948, 4042 & 5341 of 1998. Judgment SK Sinha J.—These Rules arise out of complaint Case No.2018 of 1998 pending in the Court of Chief Metropolitan Magistrate, Dhaka and ther..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486....... Majid thereafter could not be available. The informant then filed a GD with the local Police Station. Subsequently, on vigorous search when the informant failed to trace out his daughter, he filed a complaint case in the Court. Sheuli, the daughter of the victim Shefali, used to stay at the house o..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......cused got at least 3 hours time for reflection and the other accused got 2 hours time for reflection. The Magistrate did not notice any injury marks on the body of the accused persons and no such complaint appears to have been made to the Magistrate by the accused. The accused were sent to jail ..Category: Criminal Law | Date: | Hits: 147
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......ted 8-7-96 passed in Criminal Motion No.10 of 1996 is set aside and we direct the Magistrate, Brahmanbaria to hold a judicial inquiry into the Naraji petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Ca..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ...... to the Returning Officer but he found that Kabir Ahmed had been shown to secure more votes than declared verbally and thus he had been declared as Elected Chairman illegally and then he sent written complaints to the authorities including Election Commission and that the Election Commission after h..Category: Election Law | Date: | Hits: 248
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......olding of office as Chairman of the said union parishad is illegal and unauthorised. In support of his contention Mr. Fazlul Karim has referred to Annexure C to the writ petition. Annexure C is a complaint dated 13.1.88, before the appellate authority, by one Md. Abdul Khaleque raising objecti..Category: Election Law | Date: | Hits: 216
.... 'D'). It appears from Annexure 'B' the grounds of detention which were served upon the detenu after the order of detention dated 19.7.88 and Annexure 'E' the grounds served upon the detenu after the second order of detention dated 29.10.88 are the same without any alteration or change whatsoever. I......side the Dhaka Central Jail. The grounds which were served on the detenu on 3.11.88 are identical to the earlier grounds of detention served on 11.8.88. It was further stated in the petition that a complaint was filed against the detenu alleging him to be a murderer of a businessman for which Dhan..
Category: Criminal Law | Date: | Hits: 100
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....লত আই আইনের অধীন কোন অপরাধ বিচারার্থ আমলে গ্রহন করিবে না) under sub-section (1) of section 32." 12. The second argument of the Learned Counsel for the respondent that right after lodging of the FIR when t......n, represented by its Chairman Vs. Dr. Mohiuddin Khan Alamgir reported in 62 DLR (AD) 290 wherein their Lordships of the Appellate Division unanimously observed that no sanction is required to file a complaint under the un-amended as well as amended section 32 of the Anti-Corruption Commission Act 2..Category: Criminal Law | Date: | Hits: 89
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... officer. It only envisages that without such sanction from the Commission as spelt out in sub-section (2), no Court shall take cognizance of the offence under sub-section (1) of section 32." The second argument of the Learned Counsel for the respondent Mr. Khurshid Alam Khan that right after lo......equired to take cognizance of the offence by the Court in spite of the sanction given earlier under Subsection (2) of Section 32 of the Act. But as a matter of fact, no sanction is required to file a complaint and the unamended as well as the amended section 32 requires only one sanction from the C..Category: Criminal Law | Date: | Hits: 107
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......n appears to be contradictory and inconsistent in the evidence of the P.Ws. 2, 3, 4, 7 and 8. Immediately after commission of the alleged occurrence on 22.9.1993 or thereafter no ejaher was lodged or complaint filed by the wife, sons or any other close relation of the victim Shona Mia. Although his ..Category: Criminal Law | Date: | Hits: 101
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......rding to the first charge-sheet submitted by the prosecution, committed offences punishable u/ss 403 and 380 of the Penal Code. The Local Manager of Shilpa Bank by his memo No.1603 dated 15.1.82 sent complaint to O.C., Pabna P.S. who sent it to the District Anti Corruption Bureau. Mr. Md. Dabiruddin..Category: Criminal Law | Date: | Hits: 108
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....rom his office has since been initiated or for that matter found to have been pending against him and, furthermore, this has also not been taken as a ground for passing the impugned order. 13. The second point which could be taken as a ground for suspending a Chairman from his office by the presc...... the prescribed authority in violation of statutory provision of law and has offended the principle of natural justice. The respondent thereafter filed supplementary affidavit stating that upon a complaint filed by District Anti-Corruption Officer, Rangpur a criminal case was started against the..Category: Others | Date: | Hits: 175
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ...... should not be stopped and the petitioners should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. On 5.10.86, one Azimuddin lodging the complaint with the Upazila Magistrate, Dupchachia, Bogra alleged, inter alia, that on 2.8.86 at abou..Category: Procedural Law | Date: | Hits: 112
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