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Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......ode and sentencing them there under to suffer R.I. for 1 (one) year each and to pay a fine of Tk. 5,000/- each, with a default order. 2. Facts, in short, are that a complainant filed a petition of complaint in the Court of Chief MetropolÂitan Magistrate, Dhaka by opposite party No.1 alÂleging t..Category: Criminal Law | Date: | Hits: 95
....sh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint Case No.25 of 1984, allowing the said case and directing the second party-petitioner to withdraw the impugned order of suspenÂsion dated 19.8.82 and allow the 1......der for returning the plaint to the respondent No.2 for filing the same in an appropriÂate Court having jurisdiction.
5. Thereafter it is the case of the respondent No.2 that he received back the complaint case from the Labour Court at Khulna on 21.5.84, but before he could come to Dhaka to file..
Category: Labour and Industrial Law | Date: | Hits: 166
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......nizance of an offence against the petitioner in the light of the observation made by him should not be quashed. 2. The short facts leading to this Rule are that, Mizanur Rahman filed a petition of complaint before the Magistrate 1st Class, Tangail against five accused persons alleging that accuse..Category: Criminal Law | Date: | Hits: 81
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already transferred the building may be ..Category: Criminal Law | Date: | Hits: 82
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d that sanction on 10.11.2005 to have the case investigated by the RAB, then the purpose have been served. Now there remains no bar to have investigated the case by RAB. 33. Now let us turn to the second point as to whether the impugned order dated 03.04.2008 passed by the learned Metropolitan Se......ed the Naraji petition and directing the RAB for further investigation of the case should not be quashed. 2. The facts relevant to dispose of the Rule, in short, is that Advocate Md. Siraj filed a complaint petition before the Court of Chief Metropolitan Magistrate, Chittagong, on 05.04.2004 agai..Category: Criminal Law | Date: | Hits: 76
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....al Procedure to take cognizance. To bring a case within its fold in particular, an offence must be an offence of forgery in respect of document which is produced or given in evidence in a proceeding, secondly, the said offence in respect of document must have been committed by a party to that procee......d agreement dated 13‑3‑1997 was filed by the petitioner No. 1 in that case to support his case. During pendency of the said CR Case, the opposite party No. 1 on 21‑11‑1999 filed a petition of complaint before the same Court against the petitioners and others being CR Case No. 31 of 2000 unde..Category: Criminal Law | Date: | Hits: 94
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......gh the relevant provisions of the Co‑operative Societies Ordinance, 1984 and the Co-operative Societies Act, 2001 and submits that there is no scope for entertaining any first information report or complaint against any member of the Co‑operative Society unless the Registrar or an officer duly a..Category: Criminal Law | Date: | Hits: 89
....were constituted by the respondents to determine the liability of the petitioners and it appears that the 1st committee found that 91,200 KW were pilfered by the petitioners whereas, according to the second enquiry report, electric energy consumed was 6,72,435 units and there was a 3rd committee acc...... as per direction of the learned Magistrate of Power Development Board, Khulna, in the Criminal Case No.249 of 1994.
6. The learned Advocate further submits that it is obvious from the petition of complaint which is Annexure 'C' to the writ petition that after assessing the correct amount of pilf..
Category: Others | Date: | Hits: 135
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......Karnafuli Fertilizer Co. Ltd. to reinstate the respondent No. 2 to his former post in service with back wages and continuity in service and other allowance. 2. Respondent No. 2 filed the aforesaid complaint case under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 in the..Category: Labour and Industrial Law | Date: | Hits: 152
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......e mandatory provision of law has been violated in lodging the FIR or in starting the case against the petitioner by the informant and, as such, it is ex-facie illegal and malice in law inasmuch as to complaint ever been lodged by any person or any quarter against the petiÂtioner under Rules 3 and 4..Category: Criminal Law | Date: | Hits: 126
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is disÂcharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
.... permit such person to add his own seal and mark to all or any of the portions so scaled and marked. The Inspector shall send a portion of the drugs to the Government Analyst for test of analysis and second portion sent to authority before which the proceedings had been instituted and the third port......ure list were sent to the complainant namely, the Drug SuperinÂtendent, who forwarded the same to the analyst for test and report. Thereafter Mr. Shamsul Huq Shikdar, the Drug Superintendent filed a complaint before the Drug Court, Dhaka for taking cognizance of the case under section 16 of the Dru..Category: Criminal Law | Date: | Hits: 83
....s of 3 different sizes for use as raw material for the PP Cap manufacturing industry of the petitioner and the term of letter of credit permitted partial shipment. The first consignment of 7 bags and second consignment of 12 bags and 3rd consignment of 10 bags were imported under 3 different invoice......stion of fact and for violation of the same petitioner could have complained to the Customs authorities immediately after taking of the sample but there is nothing on record to show that he made such complaint to the Customs authorities though he cleared the first consignment by furnishing a Bank Gu..
Category: Fiscal/Taxation Law | Date: | Hits: 117
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
.... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......under section 160 of the Code of Criminal Procedure and, as such, the notice is liable to be declared illegal. 3. On going through notice dated 22-7-95 we find that respondent No.5 MA Salam made a complaint with the Ministry of Home Affairs alleging that petitioner received sum of Taka 12,75, 000..Category: Criminal Law | Date: | Hits: 60
....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......ty in the ‘kha’ list the time to prefer an application to the Settlement Court had already expired. The Settlement Court in its judgment expressed that it was no longer competent to entertain the complaint case and rightly rejected it on technical ground of being time barred without entering int..
Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....Magistrate issued summons to the accused petitioner in pursuance of this case on 21-12-92. This summons it is said was not received by the accused petitioner. On 11-8-93 the learned Magistrate issued second summons and send it through CMM Court, Dhaka. This was received by the accused petitioner on ...... misrepresented the speech given by him for ulterior motive by way of including some words which were not originally there. 7. We are not concerned much with all the allegations in the petition of complaint and the defence set up by the accused petitioner. The main points for decision are two, na..Category: Criminal Law | Date: | Hits: 70
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 15-M of 1984 under section 107 of the Code of CrimiÂnal Procedure. 2. The Criminal Misc. Case No. 15-M of 1984 under section 107 of the Code of Criminal Procedure was initiated by a petition of complaint dated 22.2.84 filed by complainant petitioner in the Court of City Magistrate, Rajshahi on..Category: Criminal Law | Date: | Hits: 70
....aint Case No. 43 of 1982 in the First Labour Court, Dhaka against the Project Manager, BanglaÂdesh Forest Industries Development Corporation and the Director-in-Charge of the said Corporation as the second parties challenging his dismissal from service of the aforesaid Corporation. The said second ......ple imprisonment for a term not exceeding three months or with fine not exceeding Taka one thousand or with both.
(2) No Court shall take cognizance of an ofÂfence under sub-section (1) except on complaint made-by the aggrieved person."
7. It is clear that the jurisdiction of the Labour Court..
Category: Labour and Industrial Law | Date: | Hits: 192
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....action for the defamation would be postponed till the judicial proceeding, in which such a statement has been made, had ended. The answer to the first question is in the affirmative and answer to the second is in the negative. 11. The Criminal Procedure Code neither in section 195 nor elsewhere h......r under sections 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masihuzzaman, a Senior AdvoÂcate of this Court, filed a petition of complaint beÂfore the Chief Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal C..Category: Criminal Law | Date: | Hits: 77
Kabir and others Vs. State, 1991, 20 CLC (HCD)
.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......ted that the accused expressed his willingness to make the confession. He recorded his confession which was read over to him and the accused put his signature thereon and the accused did not make any complaint about any police torture. The confessional statement was marked as Ext. 6. He proved the s..Category: Criminal Law | Date: | Hits: 76
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