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Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......6(six) months which has been subsequently extended from time to time. 3. Relevant facts necessary for disposal of the rule are that the informant Md. Nezamuddin at first filed a petition of complaint before the Magistrate, Chittagong, which was sent to the Kotwali Police Station and ultima..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....on of the accused-petitioner under section 241A of the Code of Criminal Procedure on 4-2-2010. Thereafter, again the accused-petitioner preferred Criminal Revision No.21 of 2010 for setting-aside the second order of framing charge. But the learned Sessions Judge rejected revisional application summa......been subsequently extended from time to time. 3. Relevant facts necessary for disposal of the rule are that on 14-6-2005, an Officer of Islami Bank Ltd., Saidpur Branch lodged a petition of complaint alleging that the accused-petitioner, being a business man of dry fish, was a composi..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......n Administrator vide Memo No.বাজাবস/নথি-১/২০১২কানিপানি/১৫/১২ dated 16-5-2012 (Annexure-I to the writ petition) to resolve the dispute over the complaint dated 14-5-2012, to prepare fresh electoral roll through the Administrator and to formally..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......s the result of personal enmity. The respondent No.1 received his licence on 06.12.1998. The cause of action of this case arose prior to the receipt of his licence from the Bar Council. Therefore the complaint petition does not come under the purview of the Bangladesh Legal Practitioners and Bar Cou..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....isions as scripted in Rule 7(5) are not mandatory, but have been placed there for the guidance of the Investigation Officers. 31. There is little double that all the surmons in a legislation or secondary legislation are not necessarily mandatory: some are only directory, failure to comply with...... 17. Rule 7(5) of the ACC Rules provides that if the inquiry cannot be completed even after proceeding under Rule 7(4), the matter shall come to the end, but there shall be no bar in lodging fresh complaint against the same offence and holding inquiry under such fresh complaint. The petitioner su..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....s of section 20(1) and 32 of the Anti-Corruption Commission Act, 2004 and section 4(4) and 6(1) of the Criminal Law Amendment Act, 1958. 68. Now comes the second point, as raised by Mr. Moudud Ahmed regarding the status of the Ordinance No. VII and VIII o......the Anti-Corruption Commission Act, 2004 and also included the offences under the Ain, 2002 in the schedule to the Criminal Law Amendment Act, 1958, whereby any enquiry, investigation, lodging of the complaint, conducting of prosecution before the Special Judge and holding of trial exclusively by th..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....School from hostility. He further submits that the Upazila Education Officer already submitted inquiry report in favour of the petitioners and since it already has resolved so there is no legality of second inquiry in a similar matter. He further submits that the second inquiry report has been start......er referred as "School") and having discharged their duties diligently with good reputation in the School since long. On 12-11-2009, an Assistant Teacher within the same School made a complaint to respondent No.1 in respect to some irregularities against the petitioners. Upon receipt..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... of such explanation, the court may draw an adverse inference upon him/her. This is because of the fact that the spouse was presumed to be in the company of the victim unless it is proved otherwise secondly in such type of incident, it is difficult on the part of the prosecution to lead direct ...... a confessional statement on the following day. This confessional statement, as observed above, is inculpatory in nature. 15. Long after one and half years of the occurrence, P.W.1 made the complaint with the Chief Metropolitan Magistrate on 23rd June, 1994 introducing a totally differen..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
..............Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with a cri......de a confessional statement on the following day. This confessional statement, as observed above, is inculpatory in nature. 15. Long after one and half years of the occurrence, P.W.1 made the complaint with the Chief Metropolitan Magistrate on 23rd June, 1994 introducing a totally differen..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ......he complainant to receive money after expiry of the statutory period. Having been dishonored the cheque and servicing of legal notice, the cause of action arose for filing the case and thereafter the complaint case was filed. Subsequent to the date of filing the case, the complainant was not un..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....t or illegal omission, instigates any person to do a thing. In the instant case, we find that first of all, the petitioner participated in the tender for sale of the abandoned properties in question; secondly the petitioner is a beneficiary of the alleged illegal transaction; thirdly, the petitioner...... of the process of the Courts; (3) Where there is a legal bar against the initiation or continuation of the proceeding. (4) In a case where the allegation in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute ..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... aspects of the case, we are of the view that the notice issued upon the accused-petitioner for submission of wealth statement while he was in detention is not illegal in the eye of law. 27. The second ground urged by the accused-petitioner is that there is a nexus in between sections 26(2) and...... of the process of the Court. (3) Where there is a legal bar against the initiation or continuation of the proceeding. (4) In a case where the allegations in the FIR or the petition of complaint, eve if taken at their face value and accepted in their entirety, do not constitute t..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....er and the two other accused. 23. In view of the discussions made above, our answers to question No. (i) and first part of question No. (ii) as formulated hereinbefore are in the affirmative and second part of question Nos. (ii) and (iv) are in the negative. 24. The learned Judges further ......for an offence under the Act, and such, sanction shall be sufficient for the prosecution of a public servant for an offence tribale under the act. The section further provided that in case, where the complaint or report referred in sub-section (1) of section 4 of the Act, 1958 was not accompanied by..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......r otherwise to secure the ends of justice.......................................(14) A proceeding can not be quashed on the ground of pre-maturity of the cause of action, even if the petition of complaint was filed before the expiry of 30 days from the date of the cause of action.............(3..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....w he has committed. 4) No oath shall be administered to the accused." 21. The first portion of this section relates to putting questions to the accused is an enabling provision but the second portion as to the examination of the accused is imperative. This section requires that the ac......for 2 years and a fine of Tk.3,000/- in default to suffer rigorous imprisonment for 3 months more. 2. The prosecution case, in short, is that one Most. Rosy being complainant filed a petition of complaint before the Nari-O-Shishu Nirjatan Daman Tribunal, Pirojpur, alleging inter-alia, that she ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
.... the complain the learned Magistrate took cognizance of the offence under sections 467, 471 of the Penal Code. 4. Eventually, the petitioner as complainant filed Title Suit No.344 of 1994 in the second Court of the then Sub-ordinate Judge, Noakhali for declaration of title in respect of 'B&......ashing of the GR No.80 of 1995 under sections 467,471 of the Penal Code, pending in the Court of Magistrate, first Class, Noakhali. 2. Facts in brief are that the complainant filed a petition of complaint made allegation against accused-petitioner Md. Hedayetullah and others alleging that they ..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ...... organisation or state…………....... (14) Application of Section 29, Public Procurement Act and Rules 56 to 60 If there is no specific provision of appeal or filing complaint in the relevant Loan Agreement, then sections 29 and 39 of PPA and Rules 56 to 60 shall be..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......rned Magistrate, 1st Class, Cognizance Court No.1, Moulvibazar, under Sections 364/34 of the Penal Code alleging inter alia that on 07.06.1999 at about 5.00 p.m. the accuseds named in the petition of complaint informed Mosonullah, victim of the case, that Settlement field Ammen was in the house of A..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......n for quashing the proceedings pending before the learned Additional Metropolitan Sessions Judge, 4th Court, Chittagong. 2. Facts relevant for disposal of this petition is that pursuant to a complaint made by the respondent No.2, the learned Chief Metropolitan Magistrate, Chittagong, issued..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
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