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....n of the said Board, a Second Inquiry Committee was formed consisting of four distinguished educationists and the said committee issued a notice to the petitioner asking him to appear before the said second inquiry committee for interrogation on 9.8.89 at Babuganj Pilot High School. The petitioner a......ot be suitably punished on the charge of violating the examination rules. The petitioner showed cause by letter dated 3.11.89 (Annexure C). During the period of examination there was no allegation or complaint by the Invigilator or any one and there was no occasion to take any step under the discipl..
Category: Civil Law | Date: | Hits: 159
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......Mr. Mamtazuddin Ahmed, Metropolitan Magistrate, Dhaka was stayed till hearing of the Rule. 2. The Rule arose in the following facts and circumstances: The complainant‑opposite party lodged a complaint on 19.11.84 in the Court of the Chief Metropolitan Magistrate, Dhaka and started a case ag..Category: Criminal Law | Date: | Hits: 98
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......8.85 that the imported motor pumps were being sent through M/s. Shawket Transport. The said goods were seized with the help of police of Doublemooring police station. Thereafter complainant filed the complaint case before the Metropolitan Magistrate, Dhaka on 25.8.85. The complainant therefore, pray..Category: Criminal Law | Date: | Hits: 69
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......s as set out in the memo of Criminal Miscellaneous Case No.4427 of 2001, inter alia, are that one Md. Habibur Rahman, A.G.M. of Janata Bank (opposite party No.2) ("complainant") filed a petition of complaint on 31.03.1994 before the court of the learned Magistrate, Jessore under Sections 406/409/4..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ...... of C.R. Case No.243 of 1993 under Section 4 of the Dowry Prohibition Act, 1980 in the Court of Sadar Thana Magistrate, Perojpur. 2. The respondent as complainant on 26.07.1992 filed a petition of complaint under Sections 3 and 4 of the Dowry Prohibition Act, 1980 in the Court of Sadar Thana Magi..Category: Criminal Law | Date: | Hits: 165
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ...... 22. In his cross-examination he denied the suggestion that Biplob was a terrorist and the previous Chairman of the Union Parishad handed over him to the Deputy Commissioner as the local people made complaint against Biplob to the Deputy Commissioner and Biplob paid a fine because of hijacking a mo..Category: Criminal Law | Date: | Hits: 76
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264....... arm it with redundant power or to exercise its discretion with caprice, but be guided by the provisions of section 3(2) of the Act. 27. We also hold that it should prima facie appear from the FIR/complaint petition/sanction that the ACC has acted independently, neutrally and without any bias or ..Category: Criminal Law | Date: | Hits: 111
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
.... the Assistant Commissioner and Magistrate (Upazila Finance Officer) who is also a first class Magistrate and was sent to the Upazila Nirbahi Officer by Memo No.65 dated 24.2.92 (Annexure 'C'). The second report is signed by the Upazila Nirbahi Officer and forwarded to the Election Commission by t......i Mia Bazar Primary School, Musapur Dakhin Primary School and Musapur Purba Primary School as Ward Nos. 1, 2 and 3 respectively. The election was held on 6.2.92 in a peaceful atmosphere. There was no complaint before or after the voting regarding any kind of interruption, obstruction or disturbance ..Category: Election Law | Date: | Hits: 122
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ...... an abuse 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 FAR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute the o..Category: Criminal Law | Date: | Hits: 86
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
.... escorted the dead body to Rangpur Medical College Hospital and identified the same. 25. P.W.15 Abdus Samad was tendered but his cross examination was declined. 26. P.W.16 Matiar Rahman was the second officer, Pirgonj PS at the relevant time while Mamatazur Rahman lodged information about the ......ng compensation for cutting trees. P.W.18 Zahiruddin Ahmed was the Sub‑Inspector, Ghoraghat PS at the relevant time. He filled up the FIR form on receipt of the information on 21.5.85 regarding the complaint lodged by deceased Masharuddin which was marked as Ext. 5. This is not directly connected ..Category: Criminal Law | Date: | Hits: 76
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......Therefore, the impugned judgment and order passed by the respondent No. 1 is not sustainable in law. 10. It appears from the Annexure-A which relates to Complaint Case No. 21 of 2002 that the said complaint case was filed under section 25 of the Employment of Labour (Standing Order) Act, 1965. Th..Category: Labour and Industrial Law | Date: | Hits: 161
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....spondent involved crores of Taka and huge amount of cash money was recovered from his secret vault not supported by any Bank record, which might be used for hundi business. The same informant filed a second FIR over the self same occurrence on 7.6.2005 against Sree Ram Krisna Nath as a sole accused.......ngs which is tantamount to throttling the prosecution. By reference to the case of Abdus Salam Master alias Salam and another Vs. The State, reported in 36 DLR (AD) 58 he further submits that a fresh complaint against the same accused persons after acceptance of final report is permissible. Therefor..Category: Criminal Law | Date: | Hits: 83
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......he writ petition and contested the same by filing an affidavit-in-opposition and supplementary affidavit contending, inter-alia, that section 193 of the Act authorizes the Registrar to dispose of the complaint made by her and that the writ petition was not legally maintainable. 5. The High Court..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....ow cause notice before taking action against him. The answer to this point rests upon determination of two points, firstly, whether the writ petitioner was legally promoted as Assistant Professor and secondly, whether the authority recommended for giving him higher scale of Tk.7, 200/- per month. ...... Body, Fulbaria College, complaining that the writ petitioner secured the recommendation from the Principal-in-Charge of the College by practicing fraud who were senior to him. On receipt of the said complaint, the president of the Governing Body directed the Principal of the college to submit an en..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....y and he became the Ameer (President) of the Jamaat‑e‑Islami of the then East Pakistan in 1969; that in the General Election of 1970 Jamaat‑e‑Islami took part in the election and obtained the second highest votes, next to the Awami League in the then East Pakistan; that from the election of ......inst the petitioner in a competent Court of law. Till now nobody has come forward to set the criminal law in motion against the Petitioner by lodging an FIR with the police or by filing a petition of complaint before any Magistrate. 75. Taking into consideration the facts and circumstances of the..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... its inherent power ex debitio Justitiae. But each part of the section refers to a pending proceeding before any Court. The first part refers to any order under the Code of Criminal procedure and the second part refers to the process of any Court and the third one obviously refers to the preceding t......laid down in the Code. We have already observed that no proceedings of the Tribunal have commenced in relation to the petitioner till now. Moreover, we are quite in the dark about the contents of the complaint, if any, lodged with the Investigating Agency against the petitioner on the basis of which..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ...... are abundant, as can be seen from the judgment of the High Court Division in Md. Idrisur Rahman Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, 29 BLD 32=61 DLR 523. This niggling complaint pervades through the different strata of our society. It is our view that possibilities of..Category: Constitutional Law | Date: | Hits: 228
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ...... Thereupon, the purchaser Qazi Kamal applied to the RAJUK for mutation of the plot with building by enclosing a copy of the deed. In the mean time, some inimical persons of the original lessee made a complaint to RAJUK alleging that he got allotment of the plot by filing a false affidavit. Pursuant ..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......and the sample of the goods was then sent for examination to BCSIR, Dhaka and the Department of Chemistry, University of Dhaka. The petitioner in this situation, as he submits, was required to make a complaint within 21 days from the date of making provisional assessment before the Review Committee ..Category: Business or Commercial Law | Date: | Hits: 200
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....ad with section 435 of the Code of Criminal Procedure and is directed against an order dated 11.1.92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 rejecting that second application filed under section 344 of the Code of Criminal Procedure for staying further pro......s of the lawyer in summing up the case as on record, we find it to be a drama played in three acts where investigation, inquiry and trial are the three successive acts. The first act has two scenes‑complaint and information. The complaint opens at a Magistrate's Court while an information opens be..Category: Criminal Law | Date: | Hits: 125
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