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Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......g the offences under the Money Laundering Ain, 2002 in the schedule when the entire Ain of 2002 has been incorporated in the schedule to the Act of 2004 which means inquiry, investigation, lodging of complaint and holding of trial of cases in respect of offences under the Ain of 2002 shall proceed u..Category: Civil Law | Date: | Hits: 174
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....y to the arrested person to remove any mistake and misapprehension in the minds of the arresting authority and also to know objectively what the accusation against him is, so that he can exercise the second right of consulting a legal practitioner. This Article provides the safeguard that the arrest......that there is no infringement of the rights of a citizen to liberty except in accordance with law. The horizon of human rights is expanding. Crime rate, at the same time is also increasing. There are complaints about violation of human rights because of indiscriminate arrest of innocent persons by l..Category: Criminal Law | Date: | Hits: 70
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ...... Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2 as complainant filed a petition of complaint alleging, inter alia, that he is the proprietor of AZ Abdullah & Sons and dealing in c..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....r section 302 of Penal Code. Sentence of death was altered to one of imprisonment for life. The High Court Division in rendering decision took into account Ashnan Begum Vs. State, (Supra). 46. The second branch of contention pushed forward is that there are no evidence of commission o rape and th......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......in case of woman or child being physically crippled, proper trial will not be hampered for his release on bail as preconditions. 7. Section 25 of the Ain provides that in the matter of lodging complaint of any offence, investigation, trial and disposal the provisions of the Code of Criminal P..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......nior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the complainant Shashi Mohan Das filed a complaint case in the Court of Senior Special Judge, Sunamganj alleging that he and his brother Hari..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ......h other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the complainant opposite party No.1 Mosammat Monira Mostafa f1led the above mentioned petition of complaint alleging that on 9‑9‑2000 she was married with the accused-petitioner No.1 Md. Saiduzz..Category: Criminal Law | Date: | Hits: 49
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......t when the land was acquired there were running industries thereon and that there were 300/400 employees. 48. But the joint inventory prepared exhibit 41 against which Mr Rafiqul Islam has got no complaint does not support the case of the appellant. Besides, the appellant failed to adduce any ev..Category: Property Law | Date: | Hits: 77
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....al application preferred by the informant petitioner. He has further submitted that in the garb of a petition under section 561A of the Code of Criminal Procedure the petitioner, in fact, preferred a second revision under section 439 Cr.P.C. though such second revision is barred under section 439(4)......r orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that initially the instant petitioner as complainant lodged a complaint petition against the present accused‑opposite party Nos. 1‑9 and several others allegi..Category: Administrative Law | Date: | Hits: 223
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12. The petitioner contends that the Second Labour Court Dhaka had no territorial jurisdiction to entertain the application filed by the Registrar of Trade Union in the present case because both the second parties (i.e. the Grameen Bank Karmachari Union and the Grameen Bank) before the Labour Court......adesh and that the union also carries on its business from various zonal offices outside Dhaka and as such Labour Courts other than the 3rd Labour Court, Dhaka have also jurisdiction to entertain the complaint filed by the Registrar of Trade Unions for according permission to cancel registration of ..
Category: Labour and Industrial Law | Date: | Hits: 186
Mohammad Syed Vs. State, 2004, 33 CLC (HCD)
....discharged with the observation as made above. Send down the lower court records with a copy of this order to the court concerned. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 210. ......ittagong committed illegality in passing the impugned orders in spite of the fact that one Md. Younus Sarder who is alleged to have lodged the GD entry has disowned the same which is the basis of the complaint/FIR and, as such, the impugned order being not based on any papers as to the claim made by..Category: Criminal Law | Date: | Hits: 45
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......y other order passed as this court may seem fit and proper. 2. The relevant facts are that, the complainant‑petitioner Rezia Khatun, being wife of the opposite party No.1 Idris Ali, instituted a complaint case alleging that during subsistence of marriage between them, the opposite party No.1 ma..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....bubey Alam, the learned Counsel appearing on behalf of the petitioner, firstly, submits that the petition of complaint is not tenable in the eye of law as it was filed by the attorney of the Bank. He secondly, submits that the provision of section 247 of the Code of Criminal Procedure has direct app......n the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief, is that the opposite party No.1 as complainant filed a petition of complaint on 304‑2000 against the accused petitioner in the Court of Metropolitan Magistrate, Dh..Category: Banking Law | Date: | Hits: 237
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....al on record to support the allegation. Allegation against the petitioner before us is that he forged affidavit and kabinnama and the alleged act of forgery has become subject matter of a suit in the second Court of Assistant judge at Chittagong. The fact and circumstances of the above case appear t......lso filed a suit being Family Suit No. 50 of 2001 before the said court at Chittagong and both the suits are pending before the court. (c) Informant Syeda Tania, thereafter presented a petition of complaint before Chief Metropolitan Magistrate, Chittagong beyond petitioner's knowledge and in th..Category: Criminal Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....f the Penal Code. In the said order, the learned Magistrate pointed out that in a proceeding under section 133 Cr.P.C. being Criminal Miscellaneous Case No.26 of 1983, petitioner and others, who were second party of the said proceedings were directed to remove obstructions from a river. The said ord......udgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision petition under section 438 of the Code of Criminal Procedure a..Category: Criminal Law | Date: | Hits: 57
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......irector, Arab Bangladesh Bank Ltd. the present petitioner, directed him to hand over the documents and papers of 9 account holders by way of seizure to respondent No. 2 in order to investigate into a complaint lodged by Bureau of Anti-Corruption. The petitioner requested the respondent No. 1, namely..
Category: Criminal Law | Date: | Hits: 41
....eted within the stipulated period of three months and, as such, the same is void and is of no legal effect.
22. The learned Advocate also submits that no enquiry report was enclosed along with the second show cause notice and, as such, the petitioner was not afforded an opportunity to know the ba......rrorist and goondas contractors.
10. Be that as it may, after receipt of the said reply the charge was framed by the Director, Discipline respondent No.5 vide his Memo No. 39/WEB/(Disc) section-39 complaint (ka) 20/93 dated 31-1-95. Simultaneously, Mr. Saleh Ahmed, Superintending Engineer, Mymens..
Category: Employment/Service Law | Date: | Hits: 72
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......tencing him thereunder to suffer RI for two years and to pay a fine of Taka 500.00, in default, to suffer RI for a further period of 15 days. 2. Opposite party No.1 Asia Begum lodged a petition of complaint in the Court of the Upazila Magistrate, Faridganj in the District of Chandpur, being CR Ca..Category: Criminal Law | Date: | Hits: 67
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......e order passed by the Labour Court and that the orders of which accused petitioners alleged to have violated having been made under section 25 of the Employment of Labour (Standing Orders) Act, 1965, complaints for such violation ought to have been made under section 26 of the said Act and not under..
Category: Labour and Industrial Law | Date: | Hits: 184
....of law and unless there is a proceeding before any Court of law against the petitioners, they cannot be compelled to appear before the Bureau of Anti-Corruption to face any sort of inquiry.
6. The second branch of contention raised is that the impugned notice issued under the provisions of sectio......her hand, submitted that the notice dated 8-4-96 issued by the Bureau of Anti-Corruption is given on the basis of an order passed by the learned Metropolitan Magistrate, Dhaka sending the petition of complaint to the District Anti-Corruption Officer to take lawful steps on holding proper enquiry and..
Category: Anti-Corruption Laws | Date: | Hits: 191
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