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Displaying 841-860 of 1090 results.

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

....urt”. Section 6 of the Code describes classes of criminal Courts, namely: i. Courts of Sessions; ii. Metropolitan Magistrates; iii. Magistrates of the first class; iv. Magistrate of the second class; v. Magistrates of the third class. So, in the Code itself, there is classificati......61A of the Code of Criminal Procedure for quashing the proceedings in Court Case No. 520(1) of 1995 pending in the Court of Magistrate 1st Class, Tangail. 2. Complainant-opposite Party No.1 made a complaint before the Court of Magistrate, Tangail against accused petitioners alleging, inter alia, ..

Category: Criminal Law | Date: | Hits: 59

Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)

....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......on 561A of the Code of Criminal Procedure for quashing the proceedings in Sessions Case No. 1062 of 2006 arising out of C.R. Case No. 183 of 2006. 2. The respondent No. 2 filed the petition of complaint before the Chief Metropolitan Magistrate, Chittagong being CR Case No. 183 of 2006 (Double..

Category: Criminal Law | Date: | Hits: 34

Azam Reza Vs. State, 2010, 39 CLC (AD)

....of the Unnatural Death Case and the first investigating officer of the present case and P.W.11 Munshi Ruhul Kuddus, a Police Inspector attached to detective branch of Dhaka Metropolitan Police is the second and last investigating officer, who took up investigation of the case on 17.01.2004 and after......tatements of the maid servants, the first wife, sister and driver of the accused and others under Section 161 of the Code of Criminal Procedure. 7. At about 8.25 P.M. the informant filed a written complaint with Gulshan Police Station against-the accused alleging that he caused the death of the d..

Category: Criminal Law | Date: | Hits: 100

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......August, 2002 passed by the High Court Division in Criminal Revision No.218 of 2002 discharging the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forger..

Category: Criminal Law | Date: | Hits: 46

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....he party. whereas Article 67(2) deals with resignation from Parliament by a member. 35. Article 66 was in the original constitution of 1972 except clauses 2(dd) & 2A which were inserted by the second proclamation Order No. IV of 1978. Article 70 was substituted for the former Article 70 by th......ld. "Then as to the argument based on the words 'the question shall be referred for the decision of the Governor', these words do not import the assumption that any other authority has to receive the complaint and after a prima facie and initial investigation about the complaint, send it on or refer..

Category: Constitutional Law | Date: | Hits: 171

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned: secondly, any person having in his possession without lawful excuse, the burden of proving which exc...... 54. (1) Any Police officer, may, without an order, from a Magistrate and without warrant, arrest‑ first, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists o..

Category: Constitutional Law | Date: | Hits: 137

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....proceedings. However the exercise of the power by the High Court in the case before us does not come within the ambit of the principles laid down by this Court in the above decision. For instance the second con­tention taken before the High Court by the accused related to the maintainability of the......moved this Division a leave petition. This Division granted leave to con­sider the following points: "the Anti-Corruption Commission Act, 2004 came into effect on and from 9-5-2004 and unless any complaint, investigation, enquiry, filing of case or sanction were com­menced or were pending under..

Category: Anti-Corruption Laws | Date: | Hits: 195

Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

.... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......tion 241A of the Code of Criminal Procedure. 2. The short facts giving rise to the present petition are as under:- 3. The respondent No.2 A.B.M. Kamrul Ahsan (Nihad) filed a petition of complaint in the court of the learned Senior Special Judge, Barisal against the petitioners and 3 ot..

Category: Others | Date: | Hits: 82

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201....... did not pass any order upon that applica­tion. So the respondent No. 2, after serving a grievance notice demanding justice by registered post, which also the petitioner refused to accept, filed the complaint case. 3. The present petitioner Bangladesh water Development Board contested the said c..

Category: Labour and Industrial Law | Date: | Hits: 110

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......ttee on the basis of C and D Committee selected the respondent No.1 in the post of Lecturer and referred the matter to the Syndicate for taking final decision regarding his appointment in view of the complaint made by an Associate Professor. The Syndicate formed an inquiry committee but failed to su..

Category: Employment/Service Law | Date: | Hits: 68

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

....there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ......the impugned judgment and order dated 22.7.2009 on the ground that the letter dated 19.6.2007 issued by the Bangladesh Bank allegedly cording authority to the inform­ant S. I. Rafiqul Islam to lodge complaint hav­ing been issued long after the lodgment of the F.I.R. can not be taken to have author..

Category: Fiscal/Taxation Law | Date: | Hits: 75

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ...... at taka one crore only. 3. Mr. Md. Nawab Ali, learned-Advocate-on-Record, appearing for the petitioner sub­mitted that the High Court Division erred in law in misreading the petition of complaint which, apart from narrating the back ground of the case, specifically mentions, particu&..

Category: Criminal Law | Date: | Hits: 116

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......gal notice no question of effective demand in the eye of law is in existence and in the absence any valid demand, the C.R. Case is liable to be quashed, and that the cause of action as alleged in the complaint petition is ex facie beyond the period of limitation and as such there was absence of caus..

Category: Criminal Law | Date: | Hits: 163

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....02 between the permanent committee and the two tenders it was decided to increase the bid money wherein the writ-petitioner, however, expressed his inability to increase the bid money although the second bidder agreed to pay only Tk.600/- more than that of the writ-petitioner. In the letter date...... of the interested quarter with ulterior motive just to harass and humiliate the writ-petitioner. That the writ-petitioner also filed a supplementary affidavit ascertaining that after receiving the complaint of the writ-petitioner vide letter dated 26.82002 (Annexure-E to the writ-petition) the ..

Category: Civil Law | Date: | Hits: 149

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....ere 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: VI ADC (2009) 942. ......on also passed; in the later part of the year 1981 the defendant No.1 claimed the suit land on the basis of the said deed of heba-bil-ewaz and hence the suit. The plaintiff thereafter also filed a complaint to the and Corruption Officer, Rajshahi and then during investigation the above deed of h..

Category: Property Law | Date: | Hits: 87

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......f the Code of Criminal Procedure............(70) Items (8), (82) of section 156 of the Customs Act are cognizable offences and as such the police can investigate such on its own motion. No formal complaint by the Customs Authority is necessary...............(71 & 72) The Anti-Corruption ..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)

....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......dent No.2 (Annexure-D-2 to the writ petition) refusing to give sanction to the Special Case No. 39 of 2004 pending in the Court of Metropolitan Sessions Judge, Special Court, Dhaka, arising out of complaint petition No.3795 of 2003 for proceeding with the case against the writ respondent Nos.5 a..

Category: Criminal Law | Date: | Hits: 64

M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)

....find any cogent reason to inter­fere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......laneous Case No. 4665 of 2008 discharging the Rule. 2. Short facts as placed before the High Court Division are that on 11.08.2003 the opposite party No.1 as complainant filed a petition of complaint in the Court of Chief Metropolitan Magistrate, Dhaka being C.R. Case No.2411 of 2003 accu..

Category: Criminal Law | Date: | Hits: 51

Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)

....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......i Pourashava. The Pourashava Chairman passed his order that the complainant- opposite party is entitle to get 5 installment of Taka 3,77,625/-. In the facts and circumstances, the complainant filed a complaint case stating that the accused petitioner is trying to misappropriate Taka 3,77,625/-. The ..

Category: Criminal Law | Date: | Hits: 93

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....ing all aspects of the matter, submitted its report with recommendation pointing out the bad aspects of the 3 Judges cases as under: "As already stated this delicate balance has been upset by the second Judges case (Advocates-on-Record Association Vs. Union of India), 1993 (4) (SCC) 441 and the ...... are amenable to the judicial review under Article 102 of the Constitution. 23. Article 102 of the Constitution is primarily a vehicle or mechanism for realizing individual rights upon individual complaints and the Supreme Court being a forum, a medium or mechanism devised by the Constitution fo..

Category: Constitutional Law | Date: | Hits: 251