Search Options

Judgment Advanced Search

Displaying 681-700 of 1090 results.

Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)

....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......rm declaring what shall be the consequence, it shall be regarded as imperative. It is the duty of the Courts of justice to try to get at the real intention of the legislature. 11. In cases where a complaint has been dismissed under section 203 or under sub-section (3) of section 204 or into the c..

Category: Criminal Law | Date: | Hits: 56

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......rt had wide powers to frame charge and, as such, the order of framing charge should be interfered. 4. The learned Assistant Attorney-General opposed the Rule. 5. We have perused the petition of complaint, the order framing charge and the order passed by the learned Additional Sessions Judge in..

Category: Criminal Law | Date: | Hits: 67

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....the Ain, 1995. 14. In cross-examination PW 1 stated that over the same occurrence two first information reports have been lodged, one by victim's father being Gulshan PS case No. 73(4) 98, and the second one being Gulshan PS Case No. 12(9) 98 lodged by himself (PW 1). In lodging the second case h......le phone and that nobody complained to him about the security light in the night of occurrence. PW 2 admitted that he had met with deceased Shajneen on 1-4-1998 and 2-4-1998, but she had not made any complaint to him or his wife about Hasan, nor did the two other daughters or their husbands complain..

Category: Criminal Law | Date: | Hits: 70

Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Monwar Hossain and his Assistant Mawlana Rashid Ahmed continued to create troubles in the smooth functioning of the petitioner as the Nikah Registrar. For their illegal actions, the petitioner lodged complaints with the Thana Nirbahi Officer, Nangolkot, Comilla on different dates. In the background ..

Category: Employment/Service Law | Date: | Hits: 81

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......us or adequate; and where the wrong complained of is so inextricably mixed up that the High Court Division may, for the prevention of public injury and the vindication of public justice, examine that complaint. In the present case, the alternative remedy is not equally efficacious and the wrong done..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......50/179 dated 1-12-1991 (Annexure A). Having obtained the licence the petitioner completed all formalities and set up a Saw Mill on his land and has been continuing the business peacefully without any complaint as to any violation of the terms and conditions of licence and therefore his licence has b..

Category: Environmental Law | Date: | Hits: 551

Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)

....10-2004 that he filed the appeal on 1-11-2004 and that the delay of 86 days in tiling the appeal was not for the fault of the petitioner rather it was beyond the control of the petitioner. 15. The second contention of !he petitioner is that the learned Sessions Judge passed the judgment' and orde......e. Section 12. The application of Criminal Procedure Code, etc. Not contrary to the provisions of this Act the provisions of the Code of Criminal Procedure will apply in the case of filing of the complaint; first information report, investigation and proceeding before the trial or disposal of ap..

Category: Criminal Law | Date: | Hits: 65

Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)

....Bank on 22-10-1998 and under condition of the said LC they paid the imported goods value to the exporter with the help of Bank of India. Then, the shipping documents for 100 metric tons of rice under second LC reached to the complainant Bank on 17-12-1998 and they paid the imported goods value to th...... CR Case No. 85 of 2003 pending in the Court of Magistrate, First Class, Rangpur. 2. Mr. Osman Ghani, learned Advocate for the petitioner, submits that the allegations disclosed in the petition of complaint are of civil nature and for the money involved in the petition of complaint the opposite p..

Category: Criminal Law | Date: | Hits: 46

Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)

....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352...

Category: Employment/Service Law | Date: | Hits: 67

Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)

....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......able under section 471/475 of the Penal Code. Accordingly, the learned Magistrate in pursuance of the provision of sections 195(1)(C) read with section 476 of the Code of Criminal Procedure filed the complaint with a recommendation to prosecute the accused-petitioner for commission of the offence re..

Category: Criminal Law | Date: | Hits: 60

Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)

.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......e Code of Criminal Procedure and said above police report is to be submitted after holding investigation in a police case started upon first information report lodged in thana as PS case or even in a complaint case if the same is sent to the thana by the Court to be treated as first information repo..

Category: Criminal Law | Date: | Hits: 48

Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)

....e might still have to consider whether the police version has not been so seriously damaged by what has been brought out in the first trial as to justify withdrawal of the prosecution. Otherwise, the second trial would be allowed to proceed to normal conclusion and the parties would have the advanta......itioner Motleb Mondal of Sessions Case 28/2001 submits that one Rezaul, son of this petitioner Motleb Mondal, was murdered during occurrence at 8-30 AM on 2-5-95, but accused of the occurrence as per complaint case namely, Ainuddin Joarder fraudulently with ill motive hastened to lodge FIR over the ..

Category: Criminal Law | Date: | Hits: 41

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....tition. According to him, in respect of such cases, the Magistrate has no alternative but to send the record of the case to the Court of Sessions for passing appropriate order under section 205C. His second contention is that after repeal of chapter XVIII of the Code, a duty is cast upon the Court o......ind prima facie case against him, is misconceived one, inasmuch as the learned Magistrate took cognisance of the offence on the basis of the case diary and the naraji petition. A naraji petition is a complaint for all practical purposes and if a Magistrate having power to take cognisance of the offe..

Category: Criminal Law | Date: | Hits: 49

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....der of cancellation stands he is prejudiced in two ways, Firstly, there is the ignominy of a charge that the petitioner is guilty of something which is prejudicial to the security of public peace and secondly, his chances of procuring a fresh licence are greatly prejudiced if the cancellation of his......ous or adequate, and where the wrong complained of is so inextricably mixed up that the 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: Information Technology Law | Date: | Hits: 324

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......le guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima fa..

Category: Criminal Law | Date: | Hits: 158

Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others Vs. EPI-BFEW Consortium & others, 2010, 39 CLC (AD)

....ts. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146. ......ioned which is not a mandatory provision. Since TEC did not take any step as regards the tender of the writ-petitioner, rather it (TEC) was considering the tender of DCL, the writ-petitioner lodged a complaint to the Procuring Entity as per regulation 51(2) of the PPR, 2003. Subsequently CPTU forwar..

Category: Others | Date: | Hits: 164

Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)

....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......r both under Section 23(2). 16. Section 28 of the Act deals with jurisdiction to try offences as follows: “No Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by an officer generally or specially empowered in this behalf by the Centr..

Category: Criminal Law | Date: | Hits: 72

Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)

....quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......e of disposal of the above Rules are stated below: “The petitioner in Criminal Misc. Case No.767 of 1997 is accused in CR case No.555 of 1996. Opposite party Md. Salamatullah filed a petition of complaint before the Nalishi Adalat ‘Ka’ Anchal, Satkhira alleging that the accused is a busines..

Category: Criminal Law | Date: | Hits: 46

Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)

....he High Court Division. In the light of above we are unable to accept the contention of the learned Counsels for the petitioners that section 4 is available only against public servant. 10. The second submission is that before notice under section 4 is issued on any person the Government has t......tioners to give evidence against themselves. In the enquiry before the District Anti-Corruption Officer, the petitioners, can very well controvert the allegations made against them in the petition of complaint. It cannot, thus, be suggested that by mere issuance of notices, the petitioners, as accus..

Category: Criminal Law | Date: | Hits: 69

Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)

....r alia, that so long as the order of acquittal in respect of the carrying of ammunition stood, the facts proved in support of that charge were in the circumstances of the case clearly relevant to the second charge, and the appellant was entitled to rely upon the acquittal insofar as it was relevant ......toms dated 4-6-87 setting aside the order dated 28-1-88 passed by the Member Customs. However, in the meantime on 2-1-86 one Md. Abdul Alim Mollick, Inspector, Customs House, Chittagong also lodged a complaint with the Port Police Station, Chittagong against the captain and crew members of the vesse..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198