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Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ffence (or not) is a child. If it does not do so appear he has no duty to ascertain the age of that person. The Special Tribunal, therefore, did not act illegally in the matter." 79. In the second case (it was also a leave petition), the accused-petitioner was facing trial along with other......e against humanity but also barbaric. Though the learned Sessions judge had no jurisdiction to try the offence unless the Tribunal takes cognizance of the offence on the basis of the police report or complaint, if this case is remanded to the Tribunal on this technical ground for fresh trial, the ap..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....Upon which although the respondent No.1 and respondent No.2 issued a purchase order against Quotation No. 007171802010011302 dated 4.6.2010, yet it was orally agreed by the parties that the aforesaid second purchase order would be processed once the set of equipments under the first purchase order w......nexure-L and to supply the equipments order as requested by the petitioner through the purchase order dated 1.2.2011, Annexure-J, and letter dated 5th September, 2011 Annexure-N. 21. The concrete complaint of the petitioner is that the telecommunication system as supplied by the respondent No. 1..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ...... Order) Act, 1965 which is to be considered as per the section 25(d) of the said Act. He further submits that although the Bangladesh Labour Act, 2006 came into force during the pendency of the complaint case before the Labour Court the judgment passed by the said Court could not be appealed a..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......, Afzal Nibash, Mannan Mia Goli, Police Station- Pabna Sadar, District- Pabna, permanent address Village-Chardunail, Post Office- Borodunail, Police Station-Shahjadpur, District- Sirajgonj filed a complaint petition before his full brother Mr. Abul Kalam Azad, Judicial Magistrate, alleging, inte..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......er dated 11.11.2007 passed by the High Court Division in Criminal Miscellaneous Case No.3280 of 2002 making the Rule absolute. 2. The relevant facts of the case, in brief, are that a petition of complaint was filed by the Securities and Exchange Commission, represented by the Executive Director..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ...... 3. Criminal Petition for Leave to Appeal No.364 of 2010: Respondent No.2 through its authorised officer Yasin Kabir as complainant (hereinafter referred to as the complainant) filed a petition of complaint before the Chief Metropolitan Magistrate, Chittagong against the leave petitioner (hereina..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......R. Case No.215 of 1997 under sections 482 and 483 of the Penal Code that was pending before the Magistrate of first class, Munshiganj. 2. Opposite Party No.1 Md. Babul Gorapi filed a petition of complaint on 12.10.1997 before the Magistrate of first class, Court No.2, Munshiganj against the pet..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......ction 6(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 pending in Nari-o-Shishu Nirjatan Damon Bishesh Adalat No.2, Bogra. 2. Opposite Party No.1 Bedena Khatun filed a petition of complaint being Case No.58P of 1996 (Dup:) on 29.6.1996 before the Magistrate of first class, Gha an..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......nother.......................Opposite-Parties Judgment March 19, 2012. Result: The Rule is disposed of. Code of Criminal Procedure, 1898; Sections 247, 439, 561A. Fresh complaint petition not a bar in case of non-acquital. If an accused is not acquitted from a par..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect too any order under the Code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. W......d also interfere whenever there is any exceptional and extraordinary reason for doing so. Criminal proceedings can be quashed if there is something on the record to show that the accusations in the complaint do not disclose an offence, at all, or that evidence adduced in the case discloses no offe..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......other representation to respondent No.1 on 1-2-2010 (Annexure-D). The respondent No.1 forwarded the same to the respondent No.2 for consideration. Seeing no effective result the petitioner filed complaint even to the Hon'ble Prime Minister of the country on 3-2-2010 informing the situation,..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. W......who could have appealed. Under sub-section (2) of section 417 Cr.P.C. the complainant may present an appeal to the High Court Division against an order of acquittal passed in any case instituted upon complaint on any ground of appeal which involves a matter of law only. It is evident that in the i..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... allow him to join and wilfully violated the order and direction of the Second Labour Court, Dhaka and thus, committed the offence under sections 54 and 55 of the Ordinance. 3. 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: 4 Mar, 2012 | Hits: 238
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......2004 arising out of Mirpur Police Station Case No.80 (9) 03 corresponding to G. R. No.3910 of 2003. 2. Facts leading to this appeal, in brief, are that the victim Shahida Begum filed a petition of complaint before the Nari-o-Shishu Nirjatan Damon Tribunal, Dhaka against the appellants bringing al..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....he parties. 3. Facts leading to this appeal, in brief, are that the appellant filed a petition of complaint before the Sadar Upazila Magistrate, Cox’s Bazar on 24.12.1988 bringing allegation of second marriage without permission of existing first wife against the accused-respondent. It is ment...... its long pendency for more than twenty-two years, we take it up for disposal even in absence of the parties. 3. Facts leading to this appeal, in brief, are that the appellant filed a petition of complaint before the Sadar Upazila Magistrate, Cox’s Bazar on 24.12.1988 bringing allegation of se..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......h should not be quashed so far as it relates to the accused petitioner Khalekuzzaman. 2. The facts relevant for disposal of the Rule are as hereunder:- On 30.05.07 a frivolous and malicious complaint was filed before the court of Learned Magistrate (Kha Anchal) by Mr. Rezaul Haque against ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....tary agreement out of 10 flats, defendant No.3 got flat Nos.1-A and 1-B in the 1st floor, flat Nos.5-A and 5-B in the 5th floor and flat No.2-B in the 2nd floor. The defendants got flat No.2-A in the second floor, flat Nos.3-A and 3-B in the 3rd floor and flat Nos.4-A and 4-B in the 4th floor. The d...... 1-3-2005, defendant No.2 lodged a General Diary with Ramna Police Station complaining the above incident which was registered as G.D. Entry No.70. Thereafter, defendant No.2 also filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka being Complaint Case No.584 of 2005. The p..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......e prosecution for the purpose of disposal of the Rules is as follows: One Khan Mohammad Raqib Hossain, Executive Officer of the Export Import Bank of Bangladesh, Nawabpur Branch, Dhaka filed a complaint-petition in the respective CR cases, referred to above, stating that accused-petitioner to..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452