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AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....ns made in the petition for winding up of the company. The respondent No. 2 has stated in his affidavit-in-opposition that as per agreement, Annexure-A to the petitioner that the petitioner being the second party to the agreement would be included as a regular and permanent Director of the Industria......The respondent No. 4 in substance has opposed the application for winding up of the company on the ground that they have advanced a huge amount of loan to the respondent No.1 Company and they have no complaint against the respondent No.1 Company and if the respondent No.1 Company is wound up the res..Category: Company Law | Date: | Hits: 239
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....ment department for works of 1st installment and on 2-4-1991 also withdrew 5.782 metric tons of rice for 2nd instalment of the said scheme. But the accused Eklimur Reza Khan has not done the works of second instalment and criminally misappropriated 5.782 metric tons of rice which amounts to a valuat......lay. 23. A somewhat similar point came up for decision in the case of Hakim Rai vs. State before a Full Bench of Punjab High Court reported in AIR 1957 (Punjab) 134. That was a case concerning complaint filed by a Court for using a forged document in a proceeding before that Court. The compla..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......and lastly, on 6-5-1996, he misbehaved with him and refused to pay him money and thus the complainant realised that he cheated him and fraudulently misappropriated his money. That is why he filed the complaint before the Magistrate. Thus the accused person is liable to be punished under sections 406..Category: Criminal Law | Date: | Hits: 41
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......tion and sentence passed by Magistrate, 1st Class (Upazila Magistrate) Banshkali Upazila, Chittagong. 2. The facts giving rise to this Rule are that opposite-party Kabir Ahmed filed a petition of complaint in the Court of Upazila Magistrate under section 406 of the Penal Code on the accusations,..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....nes as alleged in the petition of complaint and the said contract further stipulates four phases of the performance and payment under the contract and the petitioner's company was in the midst of the second phase of the contract for the procurement of the engines and other related fittings. It has b......the three petitioners are directors of Kaswa Shipping Lines Ltd., a private limited company carrying on the business of water transport. The said company has been made accused No.1 in the petition of complaint and the aforesaid petitioners are accused Nos. 2, 3, and 4 therein. In Criminal Revision 2..Category: Criminal Law | Date: | Hits: 67
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......d in a false and fabricated case. On 27-12-98 the said sub-inspector Alauddin Miah came to the residence of the father of the detenu and threatened him of implication in several cases if he filed any complaint against the said sub-inspector. On 22-12-98 detenu was served with the order of detention ..Category: Criminal Law | Date: | Hits: 106
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ...... why the CR No.299 of 2000/167 of 2000 now pending in the Court of Magistrate, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the insta..Category: Criminal Law | Date: | Hits: 35
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....tation with the Chief Justice of Bangladesh even during the Martial Law regime though the matter of consultation was not reflected in the notification. This state continued until February 1994. On second of February 1994 nine judges were appointed in this Division but giving a go by to the conve......he Constitution involve participatory consultative process between the consultees and also with the Executive. It should be effective, meaningful, purposive, consensus-oriented, leaving no room for complaint or arbitrariness or unfair play. The Chief Justice of a High Court and the Chief Justice..Category: Criminal Law | Date: | Hits: 130
Category: Procedural Law | Date: | Hits: 88
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......ondipur but Nabiganj Upazila Parishad decided to construct office at Kamargaon village and invited tender on 5.4.86 for the construction of the union parishad office at Kamargaon village and when a complaint was presented before the then Minister for Local Government and Rural Development, he re..Category: Civil Law | Date: | Hits: 72
Abdul Rouf (Md.) alias Nayan Vs. State and another, 1999, 28 CLC (HCD)
.... Rule is made absolute. Proceedings of CR Case No. 301 of 1990 pending in the court of Chief Metropolitan Magistrate, Chittagong are quashed. Ed. This Case is also Reported in: 53 DLR (2001) 283.......301 of 1990 now pending in the court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The relevant facts are as follows: The above case arose on the basis of a petition of complaint filed by the opposite party No.2 before the Metropolitan Magistrate, Chittagong alleging t..Category: Criminal Law | Date: | Hits: 39
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....d, Advocate, appears on behalf of the opposite parties. 7. The learned Advocate on both the sides submit that instead of sending the Case back to the trial Court on remand for trial afresh for the second time, the Appellate Court in the interest of justice, ought to have decided the matters himse......is signature on and subsequently, he repaid the said money and took back the stamp paper from him and kept in an earthen pot in a Chhikka but two years later found it to be lost, as such, he lodged a complaint with Sub-Divisional Magistrate, Chandpur on 20 031975 that he neither executed any bainapa..Category: Civil Law | Date: | Hits: 94
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....The respondent No.1 Secretary, Ministry of Law and Justice and Parliamentary Affairs, filed affidavit-in-opposition denying the allegations in Rule application and stating, inter alia, that under the second proviso to section 4, the Government is entitled to curtail or otherwise alter the area for w...... by the respondent No.5 denying allegation in the Rule application stating, inter alia, that the petitioner himself being a Junior Nikah Registrar of another area i.e. No.16 Badalkot has lodged false complaint against the respondent No.5 in respect of his academic career and certificate with malafid..Category: Constitutional Law | Date: | Hits: 109
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......t price was enhanced from 7.76 crore to 12.18 crore out of which the plaintiff received payment of Taka 12.02 crore (7.93 crore for tender items and 4.09 crore for non-tender items). 7. Meanwhile, complaint came before the Board that in collusion with the employees of the defendant the plaintiff ..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......99 (TR No.172/99) pending in the Court of Magistrate, Ka Zone, Sirajgonj should not be quashed. 2. Mr. Khurshid Alam Khan, the learned Advocate for the petitioner, submits that the petition of complaint does not disclose any offence under section 406 or 420 of the Penal Code because there was..Category: Criminal Law | Date: | Hits: 42
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
....ay. Security of Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......ay. Security of Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481...Category: Labour and Industrial Law | Date: | Hits: 79
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
.... fulfill the purpose of the Act. Accordingly, the Rules were framed on 29.03.2007. 20. Let us first examine the scheme of the Rules. The first chapter gives the definition of various words. The second chapter deals with the lodging of the complaint and its scrutiny. The heading of the chapter ......equired to take cognizance of the offence by the Court in spite of the sanction given earlier under Sub-section(2) of Section 32 of the Act. But as a matter of fact, no sanction is required to file a complaint (অভিযোগ) and the unamended as well as the amended section 32 requires only one..Category: Anti-Corruption Laws | Date: | Hits: 231
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......d not be sent back to the police custody irrespective of whether he made a confessional statement or not. This witness also stated in his cross-examination that the convict appellant did not make any complaint regarding any physical torture to him and as such, he did not try to examine him by taking..Category: Criminal Law | Date: | Hits: 27
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangladesh. One application has been filed by Mr Mainul Hosein, President, Bangladesh Supreme Court Bar Association. The second application has been filed by Mr Rafique-ul Huq and 338 Advocates of Bangladesh Supreme Court......fenders almost invariably go scot-free using their considerable resources.” Mr. Islam said that even after such statements made in presence of the Chief Justice of India and other judges, no complaint was made against Mr. Vajpayee for committing contempt. Numbers of decisions on the contemp..Category: Criminal Law | Date: | Hits: 49
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......at the section 5 of Act 24 of 1970 as amended vide President’s Order 85 of 1972. “Section 5. Eviction of unauthorised occupant.- (1) If the Deputy Commissioner, on his own motion or on the complaint of or upon information received from any body or a local authority is satisfied after maki..Category: Property Law | Date: | Hits: 60