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Mohammod Hossain, Advocate Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others, 2001, 30 CLC (HCD)

.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ......as made to the police authority and there was no refusal by such authority. 8. An order for holding investigation also may be given by a Magistrate under section 202 of the Code if a petition of complaint is filed before a Magistrate, and if he does not take cognizance under section 200 of th..

Category: Anti-Corruption Laws | Date: | Hits: 178

Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)

...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......oof of corpus delicti Which means that in a case of dacoity the prosecution is required to prove by evidence that there was, in fact, a dacoity committed as alleged in the first information report or complaint. Without bringing on record that evidence it will be pointless to bring on record or consi..

Category: Criminal Law | Date: | Hits: 83

Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)

....de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ...... arise. 4. Mr. Khurshid Alam Khan, the learned Advocate, appearing on behalf of the petitioner, submits that admittedly there was an agreement and also a part performance and since the petition of complaint does not reveal that there was any initial intention to deceive the complainant, no offenc..

Category: Criminal Law | Date: | Hits: 43

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

....tional,” firstly, because this constitutional Court derives jurisdiction under Article 102 of the Constitution of Bangladesh where no such power or jurisdiction has been conferred on this Court and secondly, because unlike their Lordships of the Kerala High Court, I find the Government to be quite......ity and cannot be supported as a fundamental right of freedom and peace and expression of assembling peaceably and without arms, protected by Article 19(l)(a) and (b) of the Constitution. The further complaint is that by the calling of the bundh the holding of it citizens are prevented from doing to..

Category: Constitutional Law | Date: | Hits: 216

Amirul Islam (Md) Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2006, 35 CLC (HCD)

....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258.......ion by that Akhi Islam Ruma alias Kazi Lulu Almarjan Rofrof, the petitioner was suspended but no such copy of allegation was supplied to him. The copies of the order of suspension dated 18-1-2004 and complaint petition dated 27-12-2003 have been marked as Annexure-A, A-(l). Thereafter, on 24-1-2004 ..

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

Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)

....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......eeding of Metro Sessions Case No. 984 of 2006 under section 138 of the Negotiable Instruments Act, 1881 pending in the Court of Metropolitan Sessions Judge, Chittagong. 2. Sum and substance of complaint case is that due to business transaction, there is outstanding claim of Taka 21 lakh from ..

Category: Criminal Law | Date: | Hits: 50

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......According to the testimony of this witness, Siraj­uddoula (PW 19), took up the case for investigation and submitted charge sheet against Ayub Ali alone. Thereafter, the informant Nur-un-Nahar made a complaint with the DIG Criminal Investigation Department and pursuant thereto, as per direction of t..

Category: Criminal Law | Date: | Hits: 38

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58....... assistance to de­fence side to prove that the confessional statement made by the appellant Dablu is tainted with torture. Had the story of alleged torture been true, appellant Dablu would have made complaint to the Magistrate about the torture before recording confession or to the trying Judge whe..

Category: Criminal Law | Date: | Hits: 61

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......by the petitioner, issued a legal notice dated 14‑2‑2000 on the petitioner calling upon him to withdraw the order of blacklisting for a collateral purpose. The petitioner then filed a petition of complaint directly to the Senior Special Judge, Khulna against the petitioner under section 161 of t..

Category: Anti-Corruption Laws | Date: | Hits: 138

Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)

....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......t Magistrate, Dinajpur Sadar, Dinajpur under section 7A of the Telegraph Act, 1885. 2. Facts in this case, in short, is that, the Accounts Officer, Telephone (Revenue), Rangpur filed a petition of complaint on 20-7-1992 leading to complaint case TR/Court Case/ Special/Dinajpur 4388/ 92-93 for rea..

Category: Criminal Law | Date: | Hits: 37

Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)

.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......e court and for ends of justice under provisions of section 561A of the Code of Criminal Procedure. This is quite natural that when the allegations made in the First Information Report or petition of complaint do not disclose any offence, an accused should not be compelled to wait till the stage of ..

Category: Criminal Law | Date: | Hits: 39

Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)

....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......The petitioner appeared, submitted photocopy of the lease deed and the copy of the judgment dated 3 1-8-97 passed in Writ Petition No. 3223 of 1998. The petitioner in the meantime came to know that a complaint had been lodged by respondent No. 6 as leader of the tenants against whom the suits were f..

Category: Anti-Corruption Laws | Date: | Hits: 232

Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)

....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......4 of the Penal Code and directing the trial Court to write a fresh judgment on retrial in the light of discussion of evidence made in the body of the judgment. 2. The informant filed a petition of complaint with the Magistrate, 1st Class, Nilphamari on 6‑11‑1996 against the accused-petitioner..

Category: Criminal Law | Date: | Hits: 34

Abu Jafar Md. Nurul Islam Vs. DG, Department of Environ­ment, Government of Bangladesh and others, 2003, 32 CLC (HCD)

....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 1. ......urther contended that the factory in question is situated at municipal holding No. 58/2, the residents of municipal holding no. 58/A, 58/1 and 53/1 along with other inhabitants of the locality lodged complaint to respondent No. 2 alleging pollution of the environment due to the establishment of the ..

Category: Environmental Law | Date: | Hits: 226

Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)

....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......father’s house. The accused subsequently married one Parbati as 2nd wife and has been living with the 2nd wife without taking any news of the complainant and her child. She then filed a petition of complaint under section 4 of Dowry Prohibition Act 1980 before trial Court wherein the trial subsequ..

Category: Family Law | Date: | Hits: 175

Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)

....tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......Magistrate, Chittagong should not be quashed. 2. Facts relevant for disposal of the above Rule, in brief, are that Mr. Mohammad Ali, Managing Director, M/S KIY Steel Mills Ltd. filed a petition of complaint under sections 406/420 of the Penal Code and under section 138 of the Negotiable Instrumen..

Category: Civil Law | Date: | Hits: 83

Borhan Uddin (Md), Advocate Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 1999, 28 CLC (HCD)

....রিলেন”. 9. It appears that by the said impugned Memo three decisions were taken. First was the acceptance of the resignation of Mr Abul Hossain Talukder as Special Public Prosecutor, second was that because of certain allegations against the petitioner Md Borhanuddin his appointment......t if the illegal and mala fide order of cancellation of the appointment is allowed it would remain as stigma on the petitioner and his reputation will be in jeopardy. It is submitted that there is no complaint or allegation made by anybody against the petitioner as Special Public Prosecutor, other t..

Category: Employment/Service Law | Date: | Hits: 108

AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)

....ormed him to adjust all the arrear dues for consideration of this resignation letter; that he did not give any reply; that thereafter, the authority of the Bank by a letter dated 28-10­1990 issued a second show cause notice asking him to explain why he would not be dismissed from the service; that ......l Relations Ordinance, 1969, worker/ workman has been defined in almost same terms. An individual work seeking redress of any grievance, such as redress against his removal or termination, may file a complaint to the Labour Court constituted under section 35 of the Industrial Relations Ordinance. Si..

Category: Employment/Service Law | Date: | Hits: 69

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......tained rule. Subsequently the defendant No. 3 filed application to the BRTA for registration of the said two buses in his name but BRTA stayed all actions of registration subject to the withdrawal of complaint against two of their officers namely, Nurul Islam and Rezaul Karim. Against the said actio..

Category: Civil Law | Date: | Hits: 78

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

.... on the dead body, namely, abrasion on the left ring finger, upper and lower lips, upper eyelid on the right side of the eye. The victim's vulva was oede-matous and there was congested bloodstain and second degree tears towards the anus. Upon microscopic examination RBC was found in plenty from the ......rted that neither he nor any member of his family suspected the accused. He added that so far as he knew the accused was not connected with the murder of his daughter. He also asserted that he had no complaint against the accused. 14. Md. Yousuf Ali, PW 11, who was the Inves­tigating Officer, st..

Category: Criminal Law | Date: | Hits: 167