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Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....ssions Judge by way of a firisti on 18.10.1994 showing the appellant’s marriage with the informant on 7.10.1994 and a written permission dated 6.10.1994 from the first wife of the appellant for his second marriage. The learned Judge in passing the impugned judgment and order of conviction did not ...... of Taka one thousand in default to suffer rigorous imprisonment for further six months. 2. Facts relevant for disposal of the appeal, in brief, are that one Sufia Khatun (P.W.1), a widow lodged a complaint before the Thana Magistrate, Brahmanbaria on 29.3.1994 stating that she got married with o..Category: Criminal Law | Date: | Hits: 87
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......vities or the criminal incident of 30.01.1996. The writ respondent No.3 also failed to take into account that the petitioner had been acquitted from the criminal case. In due course, the petitioner's complaint case was heard by the First Labour Court, Dhaka and dismissed by judgment and order dated ..Category: Labour and Industrial Law | Date: | Hits: 183
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... of Abdul Quader reference has also been made to three categories of cases where the High Court may exercise this inherent power and of the three categories of cases referred therein the cases of the second category have been described in the following manner: "Cases may also arise where the alle...... allegation made in the charge sheet by the police may by set out in the language made by the police officer; "The gist of the case is that on 31-1-76 Mr. Nuruzzaman and others submitted a written complaint before S.D.O (S) Noakhali alleging that the labour Sardar, contractor in connivance with O..Category: Criminal Law | Date: | Hits: 115
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... true in their face value, do not constitute any offence, as the activities were a business transaction under a contract, with an element of dishonor of the cheques for an unpaid portion of the dues; secondly, there was no entrustment of any property by the FDC to the petitioner and, as such, sectio......arty No. 2 (State). We have also perused and considered the application under section 561A, the supplementary affidavit and the documents annexed. 3. Opposite party No. 1 FDC filed the above noted complaint case stating that on 25-7-1999 a contract was signed between FDC and a partnership firm ca..Category: Criminal Law | Date: | Hits: 95
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......er as the Government may appoint in this behalf. Except section 422 of the Code of Procedure, there is no other provision in the Code regarding notice of appeal. It appears that the present case is a complaint case which arose on the filing of a petition of complaint by the complainant Aleya Begum. ..Category: Criminal Law | Date: | Hits: 63
....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......vacant possession thereof on the unauthorised occupants of the land or building that belongs to the port authority and that in case of failure of the person so served with the notice then filing of a complaint before the authorised officer are as follows:
“3. (1)………………………
(..
Category: Property Law | Date: | Hits: 103
Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)
....ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......-1990 in the house of her father. The husband also did not care to take back the petitioner and the baby boy nor did anything to maintain them. Faced with thin situation the petitioner made a written complaint before the Chairman of Pourashava for recovery their maintenance. But the Pourashava advis..Category: Family Law | Date: | Hits: 152
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... (5) (b) of the Muslim Family Laws Ordinance, 1961 alleging that during the subsistence of their marriage the respondent without previous permission in writing of the Arbitration Council contracted a second marriage with Marium Khatun on 17.8.75 and, without her consent, thereby committed an offence......directed against the judgment of the High Court Division in Criminal Revision No. 369 of 1979. 2. Facts are as follows: The appellant who was the first wife of the respondent filed a petition of complaint under section 6 (5) (b) of the Muslim Family Laws Ordinance, 1961 alleging that during the..Category: Family Law | Date: | Hits: 166
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....Code of Criminal Procedure can exercise its inherent jurisdiction for quashing a proceeding of a criminal case firstly to make such orders as may be necessary to give effect to any order of the Code, secondly to prevent abuse of the process of the Court and lastly otherwise to secure ends of justice......e, all further proceedings of the case were stayed for a limited period, which subsequently has been extended from time to time. 3. Dilip Piuri Fikeson (Lorance) as complainant filed a petition of complaint on 10-6-2007 in the Court of Chief Metropolitan Magistrate. Dhaka against the accused peti..Category: Criminal Law | Date: | Hits: 86
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ...... now pending before the Court of Joint Metropolitan Sessions Judge, Court No.5, Dhaka. 2. The case of the complainant-opposite party No.1, in short, is that the complainant has filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka against the petitioner, on 3-6-2007, under..Category: Criminal Law | Date: | Hits: 86
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......however, tried to impress upon us that the accused persons are involved in the Hundi business but section 8(2) of the Act provides‑ no person other than Bangladesh Bank has any authority to lodge a complaint, or investigate in relation to an offence committed under the Act. Any other person can lo..Category: Criminal Law | Date: | Hits: 70
....excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
...... to get any favourable response filed the Complaint Case No. 4/97 in the Labour Court, Rajshahi praying for his reinstatement with back wages and other costs.
3. The petitioner No. 2 contested the complaint case by filing written statement stating, inter alia, that the complaint case is not maint..
Category: Labour and Industrial Law | Date: | Hits: 188
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......s. 10. In order to clarify above confusion reference was made to the case of Jaharilal Vs. Ramjilal and others reported in AIR 1965 Rajasthan 19 as cited by the appellant in which Jaharilal made a complaint under sections 323/325 Penal Code against Ramjilal and others after whose appearance case ..Category: Procedural Law | Date: | Hits: 73
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......ost Office as postman, misappropriated a money order for a sum of Tk. 2,000/- which was sent in favour of one Moktar Hossain (P.W.9) by showing a false receipt of payment of the amount. Pursuant to a complaint made by said Moktar Hossain, an inquiry was held, when the respondent admitted the misappr..Category: Criminal Law | Date: | Hits: 77
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......the Airlines Limited. The relationship between the Writ petitioner and respondent No.1 was master and servant and, as such, the writ petition was not maintainable. The writ-petitioner earlier filed a complaint case before the 3rd Labour Court, Dhaka being BLL Case No.151 of 2007 challenging the lega..Category: Employment/Service Law | Date: | Hits: 111
....n of trial. The High Court Division further held that in previous PS Case No.12(5) 2000 no trial was held and that the accused were neither convicted nor punished and, as such, there is no bar to a second trial if charge is framed in accordance with law.
12. In this connection, it is important ......Court Division and obtained Rule and an interim order of stay.
5. In the petition filed under section 561A of the Code, it has been stated that the informant prior to this case filed a petition of complaint against nine accused of PS Case No.19 (4) 2007 corresponding to GR No.93 of 2007 before th..
Category: Criminal Law | Date: | Hits: 85
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Rahim Vs. State reported in 49 DLR (AD) 51 wherein their Lordships in the Appellate Division observed: “The imperative language of proviso, ‘the Special Judge shall, immediately on receipt of complaint’ leaves no manner of doubt that before any step is taken the Special Judge has to addres..Category: Criminal Law | Date: | Hits: 71
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......he king-pin of the conspirators is Mr. Ishrat Ferdousi Prince. He made colossal bungling with the accounts of the company for his personal gain. He forged documents and stole still others for which a complaint case being Case No.1105 of 1995 was started against him in the Court of the Chief Metropol..Category: Criminal Law | Date: | Hits: 87
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......ame point of law, they are disposed of by this single judgment. 2. Facts relevant for disposal of the instant petitions are that the petitioner is a businessman from Chittagong. Two petitions of complaint were filed against him by respondent No.1 in the Court of Chief Metropolitan Magistrate, C..Category: Criminal Law | Date: | Hits: 75
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......er to the Fifth Court of Joint District Judge for prosecution of DW 1 Abdul Awal Minto in accordance with law. 56. The learned Joint District Judge, 5th Court at Dhaka is hereby directed to make a complaint against DW 1 Abdul Awal Minto under section 195(1)(c) read with section 476 of the Code of..Category: Property Law | Date: | Hits: 85
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