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Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......Procedure and submits that the offence alleged if any has been committed in relation to the proceeding of Title Suit No. 472 of 1981 in the Court of the learned Assistant Judge and, as such, except a complaint of the said Court no Court can take cognizance of such offence. Elaborating further the po..Category: Criminal Law | Date: | Hits: 29
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....e other is the satisfaction that the person concerned has in his possession pecuniary resources or property disproportionate to his known sources of income. The first part is the power to act and the second part is the exercise of mental faculty of being satisfied. It is our view that this satisfact......1957. 8. Prosecution, in order to prove the case, has examined 4 witnesses and of them PW 1 was the officer of Bureau of Anti-Corruption. He stated in court that during the inquiry on an anonymous complaint, he sent a notice upon the appellant under section 4(1) of Act 26 of 1957 through a consta..Category: Criminal Law | Date: | Hits: 83
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651...Category: Property Law | Date: | Hits: 30
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......n the Court of Metropolitan Magistrate, Dhaka should not be quashed. 2. The case of the petitioner, in short, is that, Opposite Party No. 1 Md. Moniruzzaman, being complainant, filed a petition of complaint on 17-8-2000 in the Court of the Chief Metropolitan Magistrate, Dhaka under section 138 of..Category: Criminal Law | Date: | Hits: 29
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......n up together for hearing and this judgment will govern both the Rules. 2. The short facts for the purpose of disposal of the Rules is that, opposite party No. 1 as complainant filed a petition of complaint before the Senior Special Judge, Cox’s Bazar alleging, inter alia, that on 29-12-91 he w..Category: Criminal Law | Date: | Hits: 62
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......hereafter been transmitted to learned Sessions Judge who fixed 17-2-98 for hearing as to framing of charge, if any. In the meantime one Anwara Begum, mother of victim Rafiqul Islam, on 1-11-97 lodged complaint against the informant petitioner herself and others alleging, inter alia, that the said ac..Category: Criminal Law | Date: | Hits: 33
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......y exercise of which the confession was alleged to have been taken from him. But from column Nos. 7, 8, 9 of Exhibit 2 it appears that there has been no note or mention by PW 6 about any allegation or complaint of police torture or threat to him (PW 6) by accused Zakir Hossain. In the absence of any ..Category: Criminal Law | Date: | Hits: 34
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....ure. 3. Law was set on roll on laying a First Information Report by father of deceased Rokeya Begurn as Informant with Senbag Police Station, Shah Alam, husband of deceased Rokeya Begurn, Khodeja, second wife of Shah Alam, Mir Hossain alias Mira and Alamgir had been depicted as killers of decease......s found dead with multiple injuries on different parts of her body. As a husband it was his obligation and paramount duty to locate the culprits who killed his wife and was, also, required to lodge complaint with Police Authority in respect of death of his wife Rokeya Begurn but he remained totall..Category: Criminal Law | Date: | Hits: 31
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......rt and not in a suit before the civil Court. 17. The respondent on the other hand submits that the proviso to section 25(1) of the Act does not provide for the respondent any scope for lodging any complaint seeking any redress thereunder, as the order of termination of employment of the plaintiff..Category: Employment/Service Law | Date: | Hits: 95
Category: Constitutional Law | Date: | Hits: 482
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222.......ty in passing an order directing the Magistrate to hold judicial inquiry. In this connection he submits that when a naraji petition was filed the same petition should have been treated as petition of complaint and the learned Magistrate was required to act in accordance with provisions laid down in ..Category: Criminal Law | Date: | Hits: 42
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......s on the facts and circumstances each and there is no absolute formula which is to be followed.” 17. In the above case, the grounds for detention were the verbatim copy of that was stated in the complaint petition. Considering all the decisions and the facts and circumstances of the above case,..Category: Constitutional Law | Date: | Hits: 195
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....om 23-7- 86, but the present suit having not been filed within 6 years from 23-7-86, the suit is barred by limitation and, as such, the plaint is liable to be rejected. 4. The defendant-petitioner secondly, alleged that, in the former Title Suit No.45 of 1984 the same facts of the aforesaid aucti...... The question of fraud is a mixed question of law and fact. If a person wants to take advantage of the provisions of section 18 of the Limitation Act, namely, that due to fraud he could not file his complaint within the time permissible by law, it is necessary that such party should have laid some ..Category: Property Law | Date: | Hits: 64
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ...... further order or orders as to this Court may seem fit and proper. 2. The short facts leading to this Criminal Miscellaneous Case is that the opposite party No.1 as complainant filed a petition of complaint on 11-12-2000 in the Court of learned Chief Metropolitan Magistrate, Dhaka under section 1..Category: Criminal Law | Date: | Hits: 62
State Vs. Moslem, 2002, 31 CLC (HCD)
....y members are riot denied by defence. The first chain of circumstantial evidence is, thus, proved by overwhelming evidence as discussed above. Secondly. The accused went to the house of Wazed Ali (second place of occurrence) on 28th Kartik, 1402 BS at 8‑00 PM to watch the VCP TV along with the ......luntary. Accused Moslem stated that he was making the confession voluntarily and without any intimidation or duress or inducement. Accused Moslem did not show any marks of injury and he did not mount complaint as to physical torture or intimidation. 25. PW 14 is Dr KM Tarik, Medical Officer of S..Category: Criminal Law | Date: | Hits: 82
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......f suspension with immediate effect. 2. The proceeding before the Tribunal was initiated by P.W.1 Md. Liakat Ali Khan, District Manager, Pubali Bank, Jamalpur Branch by addressing a letter of complaint on 6.6.83 to the President, Bangladesh Bar Council, and invoking legal action against the ..Category: Others | Date: | Hits: 72
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......ob when needed and that Shamsu was not a good person and sometimes he used to collect subscription from the boatmen during night time for which he had many enemies and the chairman did not settle any complaint in this regard. He stated that he heard about the occurrence at 7‑00/7‑30 AM. He also ..Category: Criminal Law | Date: | Hits: 36
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ...... Code. At the time of issuance of the Rule all further proceeding in GR Case No. 190 of 2000, pending as aforesaid, has been stayed by this Court. 2. One Shankar Sen Gupta lodged a petition of complaint before the Court of Chief Metropolitan Magistrate, Chittagong, against the accused petitio..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
.... accused persons in the park they were at a distance of 2/3 cubits from his deceased brother. Thereafter, the accused persons advanced half a cubit. The accused persons shot the deceased within 30/40 seconds of his noticing them. The balcony where he was sitting was 7/8 cubits distance from the be......n, the Officer-in-Charge of Rupganj Police Station, came to the park. At that time he did not say to him who were the assailants and who in what manner had shot the deceased. He did not lodge written complaint to him. Next day also he did not complain. Returning to the park from the hospital he did ..Category: Criminal Law | Date: | Hits: 40
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......abour (Standing Order) Act can be enforced through section 25 of that Act or through section 34 of the Industrial Relations Ordinance." 12. It is true that the respondent No. 2 earlier filed a complaint case being No. 3 of 2003 under section 25 of the Employment of Labour (Standing Orders) Ac..Category: Labour and Industrial Law | Date: | Hits: 114