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Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....s in these two Criminal Revisions there we two clear points to be decided by us; one is the competence of the CID to move the learned Sessions Judge for permission to further investigate the cast and secondly, whether for further investigation any permission or order of the learned Sessions Judge is......ed charge‑sheet against two out of the 33 accused persons. It is also the petitioner that after about 8 days from 24.4.93 the wife of the accused Golam Kabir, Sikder alias Lablu filed a petition of complaint over the same occurrence in the Court of the Thana Magistrate Tungibari against 47 accused..Category: Criminal Law | Date: | Hits: 99
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....bour practices would be decided in the cases filed by the concerned employees in the Labour Court. It was premature to accord permission before the decision in those cases by the Labour Court. On the second occasion, 5 point allegations, on unsigned sheet of paper which has been given in Annexure‑......was indicated that the President/General Secretary of the United Commercial Bank Karmachari Union having Registration No.B‑1865 have brought some allegations against the management of the Bank by a complaint dated 26.11.88 alleging that the management of the Bank had taken recourse to unfair labou..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......of the petitioner in the matter of allotment, and according permission to transfer the land in question. It is submitted that the former President himself directly received the application containing complaint against RAJUK and without referring the matter to RAJUK passed order for allotment of land..Category: Criminal Law | Date: | Hits: 81
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......ceeding in Petition Case No. 461a1 of 1987 pending in the court of the Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. On 18.4.87 the Opposite Party No.1 submitted a petition of complaint against the petitioner before the Chief Metropolitan Magistrate, Dhaka stating, inter alia..Category: Family Law | Date: | Hits: 255
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....he charge was groundless. The Magistrate by an order..................................revived the case....................... The Supreme Court (of Pakistan) accepting that contention (that even if a second prosecution were competent on fresh complaint or on a fresh Police report in respect of the s......কে অব্যহতি (discharge) দেওয়া গেল।” 12. As sub-section (2B) of section 202 CrP.C. inserted by Ordinance No.XXIV of 1982 is in the said Code's chapter XVI- "Of complaints to Magistrates" and as no Magistrate on receipt of any complaint directed investigation b..Category: Criminal Law | Date: | Hits: 127
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......15. A somewhat similar point came up for decision in the case of Hakim Rai Vs. The State, before a Full Bench of Punjab High Court, reported in AIR 1957 (Punjab) 134. That was a case concerning complaint filed by a court for using a forged document in a proceeding before that court. The com..Category: Procedural Law | Date: | Hits: 122
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......fault under the provisions of Order 9 of the Code of Civil Procedure and, as such, Labour Court acted illegally in passing the impugned judgment setting aside the order of dismissal and restoring the complaint cast to its original file and number. In support of his contention learned Advocate relied..Category: Labour and Industrial Law | Date: | Hits: 177
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......lso finds that the allegation of Moksed being tortured into making a confession is not borne out by the section 342 examination during which he remained silent and refrained from bringing forth any complaint in that regard. Mr. Chakraborty has, therefore, properly identified this as the additional..Category: Criminal Law | Date: | Hits: 131
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......atement of Nazma Sarker @ Beauty was marked as Ext. 4. The paper clearly manifests that the learned Magistrate recorded the statement observing all the legal formalities. The accused did not make any complaint of Police torture and mal-treatment and she was given 3 hours time for reflection. The sta..Category: Criminal Law | Date: | Hits: 98
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ...... Assistant Returning Officer; that the Presiding Officer sent the result of the polling along with a report at about 8‑00 PM to the Assistant Returning Officer and before that he received a written complaint on behalf of the petitioner alleging that there was no polling at the that centre and in s..Category: Election Law | Date: | Hits: 177
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......erned petitioner should suffer a fresh trial for no fault of his own and procedural technicalities should be allowed to prevail over the ends of justice. In this connection we like to mention that no complaint was made by the Public Prosecutor before the said Tribunal before passing of the said orde..Category: Criminal Law | Date: | Hits: 73
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ...... on being satisfied that accused Jamir and Piyas and Babul (since deceased) would freely and voluntarily confess their guilt, recorded their confessions respectively and that the accused also made no complaint before the Magistrate. We do not find any cogent reason as to why self-implication of the ..Category: Criminal Law | Date: | Hits: 105
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......ould be present in those two Banks on the date and time specified. It was however, not mentioned in the said Memo except for the reference quoted herein what the investigation was all about, what the complaint against the petitioner was, what the reference case number if any, etc. for which investig..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......1 now pending in the Court of the learned Assistant Sessions Judge, 3rd Court, Rajshahi should not be quashed. 2. On 3-6-2007 one Md. Abul Kalam Azad @ Badal as a complainant filed a Petition of complaint in the Court of learned Chief Metropolitan Magistrate, Rajshahi against the accused peti..Category: Criminal Law | Date: | Hits: 94
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......ed any Metropolitan Magistrate, District Magistrate or Sub-divisional Magistrate and any other Magistrate specially empowered in this behalf may take cognizance of any offence- a) upon receiving a complaint of which constitute such offence; b) upon a report in writing of such made by any polic..Category: Criminal Law | Date: | Hits: 102
....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......and sisters of the petitioner alleging that knowing fully well that the petitioner-respondent is a minor they have defended him by creating a kabala showing this petitioner as major. This petition of complaint has been marked as Ext. 3 before the trial Court wherein it has been categorically stated ..
Category: Property Law | Date: | Hits: 113
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....Chairman and Members and, as such, the present case filed by the police is clearly a mala fide one and hence liable to be quashed. It is further submitted that the police had no jurisdiction to lodge second first information report without prior permission of the court. Consequently, the impugned pr......obashwir Ali and others Vs. State, reported in 1994 BLD 566=46 DLR 535 it was that judicial proceeding before a Court starts after the Magistrate takes cognizance of an offence on police report or on complaint. Before such cognizance there is no proceeding that may be quashed under section 561A CrPC..Category: Criminal Law | Date: | Hits: 86
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......ed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The complainant-opposite-party No.2 lodged a petition of complaint with the Court of the Chief Metropolitan Magistrate, Chittagong on the allegations, inte..Category: Criminal Law | Date: | Hits: 120
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......inal Miscellaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrate, Chittagong whereupon a Rul..Category: Criminal Law | Date: | Hits: 112
AKM Rafiqual Alam Vs. State, 1997, 26 CLC (HCD)
....s of petition of complaint filed by Anwara Khatun on the allegation that she was married to the present petitioner on 3-11-85 and a daughter was born of that wedlock. Subsequently, the accused took a second wife on 29-5-95 without obtaining permission from the arbitration council. The learned Magist......or quashing the proceedings of CR Case No.22/97 pending in the Court of Metropolitan Magistrate, Dhaka. 2. It is stated in the petition that the proceedings was started on the basis of petition of complaint filed by Anwara Khatun on the allegation that she was married to the present petitioner on..Category: Family Law | Date: | Hits: 178
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