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Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......on for temporary injunction. 4. The further case of the petitioners is that since its incorporation, the petitioner company has been enjoying cash credit facility from respondent No. 1 without any complaint from their side. Respondent No. 2 prevailed upon respondent No. 4 to direct respondent No...Category: Company Law | Date: | Hits: 213
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......by the Primary School Teachers. In the case of State Vs. Azizur Rahman and another reported in 1937 CrLJ 225 (Karachi) it was observed: "I have heard counsel for the parties. A bare reading of the complaint goes to show that the allegations in the complaint do not satisfy the ingredients under se..Category: Criminal Law | Date: | Hits: 104
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......but subsequently the accused‑petitioner succeeded in getting art order of bail from another Division Bench of this Court on 27.7.92 in Criminal Miscellaneous Case No. 295 of 1992 arising out of the complaint case filed by the authorised officer of the Bangladesh Bank against the accused‑petition..Category: Criminal Law | Date: | Hits: 125
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....rders of the Courts below regarding the entitlement of the father getting custody of his minor daughter could not be and has not been given effect to. Therefore, the learned Advocate submits that the second part of the order of the Courts below making an alternative provision for keeping the girl in......a woman at the age or above 16 years cannot be kept or given in custody of any other person. 26. Let us reproduce the provision of section 552 of the same Code which runs as follows: "552. Upon complaint made to a Metropolitan Magistrate or District Magistrate on oath of the abduction or unlaw..Category: Criminal Law | Date: | Hits: 80
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ...... The facts leading to the filing of this petition for leave to appeal, in brief, are that on the allegation of dishonour of a cheque, the Chief Metropolitan Magistrate, Chittagong, forwarded the said complaint petition to Kotwali Police Station where it was registered as Kotwali Police Station Case ..Category: Criminal Law | Date: | Hits: 50
....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......ndent No. 2 was arbitrarily dismissed from his service by the petitioner on 22.2.83 and the respondent No. 2 sent a grievance petition dated 5.3.83 but without any result and hence he filed the above complaint case in the Labour Court, Chittagong, praying for his reinstatement in service with all ba..
Category: Labour and Industrial Law | Date: | Hits: 133
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....ments of section 7(b) of the Special Powers Act and as such the impugned proceeding is a sheer abuse of the process of the Court and liable to be quashed. These are initially the first ground and the second ground taken in the petition itself. It has been further argued that the continuation of the ......ceeding in respect of the offence alleged. Absence of the requisite sanction may, for instance, furnish cases under this category. (II) Where the allegations in the First information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constit..Category: Criminal Law | Date: | Hits: 98
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....decreed on compromise; that in terms of the compromise petition the plaintiff was to pay the sum of Rs. 90,667/00 in two equal instalments; the first instalment fell due on 31st December 1970 and the second instalment fell due on 31st December 1971; that the plaintiff paid the 1st instalment on 12.3......spossessed them from the suit land. He admitted in cross‑examination that contents of the agreement Ext. 4 was correctly written. He did not remember the date of dispossession and did not lodge any complaint against such dispossession. He did not know the holding number of contiguous boundary plot..Category: Property Law | Date: | Hits: 69
....l concerned.
5. Khondker Mahbubuddin Ahmed, learned Advocate appearing for the petitioner, submitted that section 9 empowers the Government to appoint one Wage Board and so the constitution of the second, third and fourth Wage Boards were made without any lawful authority. He further submitted th......be heard in this case. We heard him in view of the constitutional issued of grave importance raised in the instant case involving an international treaty affecting the territory of Bangladesh and his complaint as to an impending threat to his certain fundamental rights guaranteed by the Constitution..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
.... Court can be exercised under section 561A of the Code of Criminal Procedure for quashing the criminal proceeding. Out of those three categories of cases the learned Advocate has pointed out that the second category of cases referred to in the cited case are where there is legal bar or restrictions ......istrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the disposal of the Rule are: The opposite party No. 1 as complainant filed a petition of complaint in the Court of Upazila Magistrate, Goalanda against the accused‑petitioner and others s..Category: Criminal Law | Date: | Hits: 70
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......at Korea at that time. The police took up the case for investigation and at this stage, the petitioners moved the High Court Division challenging the investigation of the case by the police. In the complaint, the Registrar, Joint Stock Companies alleged that the petitioner No.2 Bo-Sun Park submi..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......naging Director of the Company. 5. The petitioner contested the writ petition stating that section 193 of the Companies Act authorises the Registrar of the Joint Stock Company to dispose of the complaint made by her and that the writ petition is not legally maintainable. The High Court Divisio..Category: Company Law | Date: | Hits: 175
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......quired to be produced before the Magistrate within 24 hours from his arrest. In the instance case the accused was produced before him after 2 days of his arrest. He stated that he did not receive any complaint of police torture or assault from the accused. He admitted that he did not assure the accu..Category: Criminal Law | Date: | Hits: 84
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
.... and contrary to the admitted facts on record. We have seen that the application for extension was made on 13.4.84 i.e. after expiry of day's leave according to the respondent No.2 and then again his second application for extension of leave dated 23.4.94 was made after his first prayer for 10 days'......ssal was liable to be set aside. The petitioner appeared before the Labour Court (respondent No.1) and contested the case by filing a written statement denying all the material allegation made in the complaint and stating, inter alia, that the respondent No.2 was charged on 29.4.84 for absenting him..Category: Labour and Industrial Law | Date: | Hits: 120
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
.... him as the complainant under section 200 of the Code. In this view of the matter, the procedure adopted by the learned Magistrate in taking cognizance in this ease is found to be correct." In the second case in paragraph 5 their Lordships of the Appellate Division observed as under: "Another ......ed in 37 DLR 336 where it was observed as under: "Enquiry u/s 202 without the examination of the complainant u/s 200‑held illegal. Where materials on record are such that non‑examination of complaint u/s. 200 will prejudice the accused, it becomes imperative that the complainant should be ..Category: Criminal Law | Date: | Hits: 66
State Vs. Kalu Bepari, 1990, 19 CLC (HCD)
....nviction of the condemned prisoner under section 302 of the Penal Code is upheld but the sentence of death is altered to life imprisonment. Ed. This Case is also Reported in: 43 DLR (1991) 249. ......e condemned prisoner who put his signature admitting that it had been correctly recorded. For about 5 months after the confession the condemned prisoner appeared in court several times but he made no complaint that the confession was obtained by torture. No suggestion was also offered from the side ..Category: Criminal Law | Date: | Hits: 81
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......ffer rigorous imprisonment for three months from a fine of Taka 10,000.00 only and in default, to suffer rigorous imprisonment for three months more as passed by the Metropolitan Magistrate, Dhaka in complaint case No. 742A/85. 3. The Rule arising out of Criminal Revision case No. 220/88 is direc..Category: Criminal Law | Date: | Hits: 59
Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)
....as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229....... the petitioner submits that in accordance with t1w direction of this Court the Chief Election Commissioner caused an enquiry to be made into the allegation of the petitioner and finding truth in the complaint of the petitioner got the petitioner's name included in the concerned Electoral Roll in ex..Category: Election Law | Date: | Hits: 112
.... Eastern Pharmaceuticals Sramik‑O‑Karmachari Union, Dhamrai. The case of the respondent No. 2 (Worker) as stated by the First Labour Court is as follows
"The first party was a worker under the second party and he worked as a bottle washer in Bottle Washing Department to the satisfaction of th......239 of 1985 or the 1st Labour Court, Dhaka should not be declared to have been made without lawful authority and to be of no legal effect.
2. At the first instance we had called for the records of complaint Case No. 239 of 1985 and on receipt of the record we heard the application today (17.4.90)..
Category: Employment/Service Law | Date: | Hits: 89
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....in the evening on that date in a complete sound health. This is the first ring of the circumstantial evidence that the prosecution has sought to build up the case against the accused appellant. The second ring of the circumstantial evidence is that while Arun was in the lock‑up of the Ramna PS t......stigating Officer submitted a final report and suo motu started an FIR Case and Rama PS case No. 8 dated 3.11.86 was started. On the self‑same incident the father of deceased Arun, Abu Miah filed a complaint petition against the accused‑appellants and Case No. 1051‑A was started and the Metrop..Category: Criminal Law | Date: | Hits: 87
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