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Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......ion under section 436 of the Code before the learned Sessions Judge is maintainable inasmuch as refusal to take cognizance of the offence against some of accused persons amounts to dismissal of the complaint against them. The view of ours find support from the case reported in 1987 BCR 244 (R 247)..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ng in the Court of Chief Metropolitan Magistrate, Dhaka under section 108 (2) of the Companies Act, 1913. 2. The facts of the case are that the opposite party No.1 Makbul Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate against the five petitioners and two others stati..Category: Criminal Law | Date: | Hits: 89
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ...... his statement was recorded and he was sent to the jail custody. He stated that before recording the confessional statement he was given necessary caution. He stated that the accused did not make any complaint of any police torture and he was confessing voluntarily. After recording the statement, it..Category: Criminal Law | Date: | Hits: 110
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......tention contrary to the provisions of Section 6. The offence was alleged to have been committed within the validity period of the Ain of 2002 in pursuance of which the procedure in respect of lodging complaint, holding investigation, trial and other related matters shall be initiated and continued u..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....enced and he further contends that an application for quashment of the proceeding was filed before the High Court Division earlier and the Rule issued in the case having been admittedly discharged no second revision for quashment of the same proceeding lies and hence the Rule is liable to be dischar......se stated, in short, are as follows: On 23.8.1978 at about 16.35 hours, one S. Jamal Hossain, General Manager (Admn.), Bangladesh Krishi Bank, 84, Motijheel Commercial Area, Dhaka lodged a written complaint with the Sub‑Divisional Magistrate (M), Magura showing the date of occurrence from 20.5...Category: Criminal Law | Date: | Hits: 80
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....lisation of Court, (b) disobedience to the order of the Court or breach of undertaking given to the Court and (c) interference with the course of justice. In the instant case we are involved with the second category. A proceeding of contempt of Court is a quasi-criminal proceeding and the case of ea....... The petitioner and others made fixed deposit of crores of Taka with the respondent No.5. Respondent No.6 Md. Aminul Huq, son of Abdul Huq, House No.8/5, Block–B, Lalmatia, Mohammadpur initiated a complaint against the respondent No.5 before the Honorable Minister of Finance, Government of the Pe..Category: Employment/Service Law | Date: | Hits: 115
....espondent No.2 Abul Hossain filed IRO case No.33 of 1987 in the Third Labour Court, Dhaka stating as follows:
He claims that he was an employee serving as No.2 Tongsman in the establishment of the second party‑petitioner New Eastern Trading Corporation Limited since 3‑2‑86. Respondent No.2 ......heard and communicate his decision, in writing, to the said worker;
(b) if the employer fails to give a decision under clause (a) or if the worker is dissatisfied with such decision, he may make a complaint to the Labour Court having jurisdiction, within thirty days from the last date under claus..
Category: Labour and Industrial Law | Date: | Hits: 124
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......d the petitioner guilty of the charge and submitted its report. And on the basis of the Report the order of dismissal was made by the respondents on December 1, 1982 leading to the institution of the complaint Case No. C‑3 of 1983 before the Respondent 1. 3. The petitioner before the Respondent..Category: Labour and Industrial Law | Date: | Hits: 115
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......ioners under sections 147, 323 and 447 of the Penal Code, should not be set aside or such other order or orders passed as to this Court may seem fit. 2. The opposite party No.2 filed a petition of complaint before the Court of the Upazila Magistrate, Feni, and CR case No.85 of 1985 was started on..Category: Criminal Law | Date: | Hits: 79
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....acts mentioned in that clause for putting the decree‑holder in possession of any building or enclosure where the person in possession being bound by the decree does not afford free access." "The second clause of r.35 deals with the mode of delivery of possession when the decree being executed i......iry into the nature and character of the possession of a person who has obstructed or resisted the delivery of possession; but as already stated, the inquiry under these rules can be made only on the complaint of the decree‑holder or auction‑purchaser and not at the instance of the party in poss..Category: Civil Law | Date: | Hits: 89
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......ict Magistrate by himself or by any of the Magistrates subordinate to him to make, and the District Magistrate may himself make, or direct any Subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub‑section (3) of section 204". It is ..Category: Criminal Law | Date: | Hits: 78
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......acious or adequate; and where the wrong complained of is so inextricably mixed up that High Court Division may, for the prevention of public injury and the vindication of public justice, examine that complaint. It is needless to add that the High Court Division is to see that the aggrieved person mu..Category: Criminal Law | Date: | Hits: 88
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......ion Constituency No.3 and thereafter on 21.7.92 she was elected as Chairperson. Later on Manikdi Nari Kallayan Samabaya Samity Ltd. which is a member/constituent of the petitioner‑federation made a complaint with the District Samabaya Officer, Dhaka that the respondent No.5 was not a member of the..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ...... under section 161 Cr.P.C. The police took them into custody and thereafter sent them to the Court. Before the post‑mortem report was available, victim Taslima Begum's father Khalilur Rahman made a complaint before the Upazila Magistrate Court naming 12 persons as accused regarding the death of hi..Category: Criminal Law | Date: | Hits: 76
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......uch the inquiry is a sham inquiry. Because of adoption of widespread unfair means committed by the students, the Controller of Examination, Dhaka University issued an order being Order No. 10312‑72 complaint/examination dated 31.12.90 to the Principal of Jagannath College, Dhaka and others stating..
Category: Others | Date: | Hits: 153
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....ations Ltd. was wound up and its liabilities devolved upon the New Nation Printing Press, that the petitioner by name and as Chairman of the Editorial Board of the daily Ittefaq/New Nation was the second party No.2 in the IRO Case No.8 of 1992 and he did not contest the case and he was categori......st and wilfully violated the decision i.e. the order and direction of the Second Labour Court, and thereby committed the offence under sections 54 and 55 of the Ordinance. 4. On receipt of the complaint, learned Chairman of the Second Labour Court, Dhaka found prima facie case against the pe..Category: Labour and Industrial Law | Date: | Hits: 147
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....ne by the accused-respondent inasmuch as there is nothing on the record to show that previous permission in writing of the arbitration council has been obtained in order to enter into contract of second marriage with Mahbuba Khatoon on August 13, 1988 when the first marriage between the compla......en if Khula talaq, became effective and existing marriage between complainant-appellant and accused-respondent did not subsist and came to a halt. We are of this considered view that marriage between complaint-appellant and accused-respondent subsisted althrough" 8. The High Court Division, acc..Category: Family Law | Date: | Hits: 185
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....22.5.82 before Metropolitan Magistrate on 16.6.85 which was marked as Ext. B in the SCC Suit. 8. Thus while the criminal proceeding was going to be disposed of, the accused‑petitioners for the second time filed another application under section 561A of the Code of Criminal Procedure for quash......rney‑General for the State. We have also perused the petition and the record of the case. 10. Mr. Lutfor Rahman Mondal, the learned Advocate for the petitioners, submitted that without a written complaint under section 195(1)(c)of the Code of Criminal Procedure by the SCC Judge in whose Court t..Category: Criminal Law | Date: | Hits: 83
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ......livered only 14 10 maunds 18 seers and 07 chattaks of rice to the authority and as such defaulted to deliver 1819 maunds 28 seers 9 chattaks of rice and 1533 gunny bag and as such the plaintiff filed complaint before the Magistrate Court, Thakurgaon under sections 406/420/409 of the Penal Code. The ..Category: Civil Law | Date: | Hits: 87
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
.... police and after taking evidence of the witnesses named in the FIR and accordingly we find that the order is within the scope of section 436 of the Code of Criminal Procedure.. 12. With regard to second point urged by M. Jamiruddin Ahmed, the learned Advocate for the accused‑petitioner, that t......tendance of the person complained against and may make or cause to be made an inquiry or investigation as mentioned in this sub‑section for the purpose of ascertaining the truth or falsehood of the complaint". Mr. Shamsul Karim further submits that though the Magistrate is competent to accept ..Category: Criminal Law | Date: | Hits: 67
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