Search Options
Judgment Advanced Search
Displaying 521-540 of 1090 results.
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
.... complaint that the legal notice was served upon the petitioner and as such, cause of action has not arisen and the proceeding of the CR case was initiated illegally which is liable to be quashed. He secondly submits that the legal notice was issued on 12-4-2007 and the case was filed on 30-4-2007 b......l further proceedings of the above mentioned CR case were stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No.2 Senoara Begum as complainant filed the petition of complaint of the above CR case in the Court of Chief Metropolitan Magistrate, Chittagong on 30-4-200..Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....r and that the instant proceeding was initiated on 24-7-2007 after expiry of 4 months 20 days from issuance of the said notice which is against the provision of law. 6. He further submits that the second notice was served upon the petitioner on 21-6-2001 and the petitioner received the notice on ......hah Md. Munir Sharif, the learned Advocate for the accused petitioner submits that notice under section 138(1)(b) of the Negotiable Instruments Act was issued on 1-3-2001 and that there is nothing in complaint petition when the said notice was actually served upon the petitioner and that the instant..Category: Civil Law | Date: | Hits: 150
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......, Chittagong in G.R. Case No. 251 of 1987 acquitting the accused-respondents under section 247 of the Code of Criminal Procedure of the charges. 2. The appellant as complainant filed a petition of complaint on 24.2.87 in the Court of Upazila Magistrate, Patiya against the respondents alleging tha..Category: Procedural Law | Date: | Hits: 85
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235....... that the Chief Metropolitan Magistrate has erred in law taking cognizance under sections 495/497/109 of the Penal Code against the accused persons upon a prosecution filed by the police instead of a complaint filed before the Metropolitan Magistrate, as required under the provisions of sections 1..Category: Criminal Law | Date: | Hits: 79
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......o.2 of 1987 in the Court of the Assistant Judge, Narayanganj for recovery of compensation of Taka 400.00 against the petitioners as damages for the self defamation for which he subsequently filed the complaint case No.179 of 1987 to further hams the Petitioners at Narayanganj by misusing his officia..Category: Criminal Law | Date: | Hits: 75
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....of the Unnatural Death Case and the first investigating officer of the present case and P.W.11 Munshi Ruhul Kuddus, a Police Inspector attached to Detective Branch of Dhaka Metropolitan Police is the second and last investigating officer, who took up investigation of the case on 17-1-2004 and after ......e-list and recorded the statement of the maid servants, the first wife, sister and driver of the accused and others under section 161 of the CrPC. 5. At about 8-25 PM the informant filed a written complaint with Gulshan Police Station against the accused alleging that he caused the death of the d..Category: Criminal Law | Date: | Hits: 114
Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)
.... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ......me Court in numerous decisions that no case can be quashed on defence material. It has been decided in numerous cases that a proceeding can be quashed only one a reference to first information report/complaint. Now we have to see whether first information report of the instant case discloses any cri..Category: Criminal Law | Date: | Hits: 87
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....ion by some other persons being inimical towards the appellant. In such view of the matter the testimony of this P.W.2 cannot be believed firstly because he did not challenge his signature in Ext.12, secondly, for his failure to make any complaint for the alleged obtaining of his signature in the bl......he case beyond reasonable doubt. 12. P.W.1 Harun‑or‑Rashid, the Inspector of DAB Faridpur, is the informant in this case. He narrated the FIR story. He deposed that he received the petition of complaint forwarded by the Superintendent of Police, Faridpur. He took up the case for investigation..Category: Criminal Law | Date: | Hits: 99
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....pass any order disposing of the same and adjourned the hearing to 24-5-97. Thereafter the cases were heard on 24-5-97, 26-5-97, 21-5-97 and 1-6-97 was fixed for delivery of the judgment. On that date second party filed an application to stay further proceedings of the cases to enable it to move this......ions as to whether the said ground would be considered but from his final order resulting in same was considered. 4. Thereafter on 15-5-97 complainant 2nd party filed applications with copy of the complaint petition and list of witnesses before the learned Sessions Judge praying for accepting the..Category: Business or Commercial Law | Date: | Hits: 219
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......only be brought to the trial before the Labour Court which actually is like a contempt of Court proceeding and can punish under section 307 of the Labour Act. On plain reading of the petition of complaint as set forth above, we do not find that there was any order of the Labour Court which has ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
.... Only the earlier or the first information with regard to the commission of a cognizable offence satisfies the requirements of section 154 of the Code of Criminal Procedure and thus there can be no second first information report, far less third or fourth in respect of the selfsame occurrence. I...... occurrence, police acted illegally and in violation of the provision of the Code of Criminal Procedure in submitting the charge sheet in the instant case in view of the fact that the petition of complaint sent to the Police by the Magistrate without taking cognizance with a direction to treat..Category: Criminal Law | Date: | Hits: 132
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......r dated 5.4.80 took the view that the case is actually triable by special Judge and learned Magistrate has no jurisdiction to take cognizance of the case and accordingly directed to return of the complaint petition for being presented to a proper Court. 6. The Deputy Commissioner, Bogra howev..Category: Criminal Law | Date: | Hits: 81
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......lant No.1 for bi-lateral negotiation and settlement under section 26 of the Ordinance. Appellant's case is that while the Company was actively considering the said charter of demands, it received complaints about the deteriorating condition and bad management of the restaurant run by the Compa..
Category: Labour and Industrial Law | Date: | Hits: 167
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... the then Electricity Secretary with malafide intention and with the desire of obtaining illegal pecuniary gain from the other bidders took effort by illegal interference to negotiate with the first, second and third lowest bidders without executing the contract for setting up Barge Mounted Power ......being statutory Rules, has force of law and the ACC must amend the Form to clear up the ambiguity whether any Sanction is necessary for initiating a case that is lodging FIR or filing petition of complaint or not. The Form-3 should be modified in light of the amended provision of section 32 of t..Category: Criminal Law | Date: | Hits: 156
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
.... the Code. For the trial under the Special Powers Act, the provisions of this section will apply and withdrawal may be permitted in accordance with the terms of this section. 5. We now turn to the second limb of the question which is about the scope and ambit of sec. 494 of the Code. The provisio......ar to prosecution, if the public prosecutor certifies that the pardoned accused has not made full discharge of facts or given false evidence as a witness. 8. Section 248 of the Code says that if a complaint at any time before a final order is passed, in any case, satisfies the Magistrate that the..Category: Criminal Law | Date: | Hits: 99
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....tres round the question of maintainability of this writ petition: is writ jurisdiction available in an essentially criminal matter: is it available when alternative statutory remedy is available? The second question is whether the Chair of the Commission acted beyond jurisdiction in issuing the dire......e. 44. That theory was followed in the countries of the sub-continent unabated. So, in a plentitude of cases, including those one catalogued below, the Indian superior courts held that an FIR or a complaint petition can be quashed at a very early stage, at the threshold, if no offence is disclose..Category: Criminal Law | Date: | Hits: 133
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....ustry". Further their Lordships in the case reported in 57 DLR 741 observed: "We have examined the definition of the words 'commercial establishment' and the 'industrial establishment' given in second 2 of the Act as quoted above. On a plain reading it is obviously that Chittagong City Corpora......t the petitioner miserably failed to prove its case and the respondent No.2 by oral and documentary evidence proved the case and, as such, the Labour Court committed no illegality in allowing the complaint case and, as such, Labour Court committed no illegality in allowing the complaint case a..Category: Labour and Industrial Law | Date: | Hits: 201
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....petition of complaint being Miscellaneous Case No. 262 of 1997 under section 145 of the Code of Criminal Procedure on 17-5-7997 in the Court of Chief Metropolitan Magistrate against the petitioner as second party alleging that he was the owner in possession of the case land (as described in the peti......er called the Code, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party No. 1 as first party filed a petition of complaint being Miscellaneous Case No. 262 of 1997 under section 145 of the Code of Criminal Procedu..Category: Criminal Law | Date: | Hits: 122
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....Advocate for the petitioner is permitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......dge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shilpa Bank as complainant, filed a complaint petitioner before the Court of Chief Metropolitan Magistrate, Dhaka against the accused pe..Category: Criminal Law | Date: | Hits: 113
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ...... liable to be quashed. 9. The learned Advocate Mr. M.A. Muntakim, assisting the state representing the informant, mainly submits that sub-section (3) of section 10 of the Ain refers to a report or complaint to be filed by the police and not to an F.I.R. to be lodged by the aggrieved person. He ne..Category: Criminal Law | Date: | Hits: 143
71457143713671297108710271007094707270667065705770467033701970166997699569196905