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Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... matter for inquiry to the police station. The selfsame Sub-Inspector of Police Md. Ziaul Alam who held earlier inquiry was also entrusted by the Officer-in-Charge of the Police Station to hold the second inquiry. In the report submitted by him he related that petitioner No. 1 and other accused ......te shall not be upheld. 3. The petitioners filed the petition under section 561A of the Code of Criminal Procedure stating, inter alia, that one Mst. Khodeja Bibi as the complainant lodged a complaint petition before the Magistrate of the 1st Class and Cognizance Court, 'Ka' area, M..Category: Criminal Law | Date: | Hits: 35
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......ection 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Senior Special Judge, Sunamganj. 2. That the case of the prosecution is that complainant Shashi Mohan Das filed a complaint in the Court of Senior Special Judge, Sunamganj on 21.07.1997 alleging, inter alia, that h..Category: Anti-Corruption Laws | Date: | Hits: 88
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......e of N. Mahmud vs. N. Ahmed reported in 36 DLR (AD) 14 the Appellate Division observed that "Proceeding before a court starts when the Magistrate taken cognizance of an offence on police report or on complaint. Before such cognizance there is no proceeding that may be quashed under section 561A Cr.P..Category: Anti-Corruption Laws | Date: | Hits: 152
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......1994. The appellant, father of the victim Lutfunnessa, tried to lodge FIR but the police refused to accept the same on the plea that they had already recorded an U.D. Case. Then the appellant filed a complaint case before the learned Chief Metropolitan Magistrate, Chittagong on 30.11.1994 who then s..Category: Criminal Law | Date: | Hits: 105
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....de on behalf of the appellant that the High Court Division committed error of law, in failing to consider that while taking cognizance the learned Tribunal exercised the jurisdiction given in second proviso to Section 27(1) of the Ain most arbitrarily without holding any inquiry and that th......procedure to be followed by the Tribunal for its satisfaction, it was incumbent on it to follow the procedure laid down in the Code of Criminal Procedure for taking cognizance on a petition of complaint or that to exercise the discretion judiciously the Tribunal should have either disch..Category: Criminal Law | Date: | Hits: 41
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. .......07.2006 passed by a Single Bench of the High Court Division in Criminal Revision No.1167 of 2000 discharging the Rule. 2. Short facts are that one Israt Zahan @ Popy lodged the petition of complaint on 13.02.1996 before the Magistrate, 1st Class, Mymensingh against the accused-petitioner..Category: Criminal Law | Date: | Hits: 31
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......the High Court Division quashing the proceeding of Petition Case No. 515 of2001 under section 138 of the Negotiable Instruments Act, 1881. 2. The appellant as the complainant filed a petition of complaint under section 138 of the Negotiable Instruments Act, 1881 against the respondent No.1 st..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......is family to the Anti-Corruption Commission. Thereafter, the respondent No. 6, Deputy Commissioner of Taxes, by letter dated 27-6-2007 requested the respondent No. 5 to approve the enclosed draft complaint and also to obtain necessary sanction from the National Board of Revenue (NBR) for filin..Category: Fiscal/Taxation Law | Date: | Hits: 97
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......d to death by her husband, the accused petitioner. 12. PW.2 Mosharraf deposed that on the date of occurrence i.e. 16-7-1998, he heard sounds of assault while he went to hold arbitration of complaint of assault on the wife of the petitioner on previous day and while on the date of occurre..Category: Criminal Law | Date: | Hits: 99
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ......ice the decree passed will not be nullity but the aggrieved party can reasonably complain that he was not aware of the last leg of the proceedings and the Court would be required to examine if the complaint is a reasonable one." 4. We have not found any authority for such proposition..Category: Property Law | Date: | Hits: 23
G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ......Md. Nawab Ali, the learned Advocate-on-Record, for the complainant petitioner submits that the High Court Division committed an error of law in failing to appreciate and consider that the petition of complaint filed before the Senior Special Judge disclosed a criminal offence and accordingly the af..Category: Anti-Corruption Laws | Date: | Hits: 81
BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
....cussion we find no merit in the petitions. Accordingly, these petitions are dismissed on condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 217. ...... 2. The writ petitions were filed impugning the judgment and order dated December 29, 2005 of the 1st Labour Court, Dhaka in Complaint Case Nos. 21, 22, 23, 24, 25 and 27 of 2002. 3. The complaint cases were filed under section 25 of the Employment of Labour (Standing Orders) Act, 1965..Category: Labour and Industrial Law | Date: | Hits: 109
Malek Gharami Vs. State, 2007, 36 CLC (AD)
.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......'s contention since about the genuineness of the medical report at the very initial stage objection was raised from the prosecution side but for the reason best known to the authority the complaint so made was not addressed to. The Court in consideration of the evidence, both oral and ..Category: Criminal Law | Date: | Hits: 38
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......p; 3. The prosecution case, in brief, is that P.W.1 Md. Sadat Ali, filed a petition of complaint on 31.7.94 in the Court of Magistrate First Class, Kishoreganj against&..Category: Criminal Law | Date: | Hits: 58
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ...... 2. The fact shortly stated is that the respondent No.1 as the writ petitioner filed the aforesaid writ petition challenging the order dated 5.11.2006 passed by the respondent No.2 on the complaint filed by the petitioner, writ-respondent No.4, holding that the bid offer of the responde..Category: Business or Commercial Law | Date: | Hits: 110
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ...... 302 of the Penal Code and sentencing him to death. 2. The prosecution case, in brief, is that one Purnendu Bikash Rudra of Kakara, Cox's Bazar on 04-12-2000 filed a petitioner of complaint before the cognizance Court No.2, Cox's Bazar, alleging, inter-alia, that about four and ..Category: Criminal Law | Date: | Hits: 43
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......laint Petition and found that a C.R. Case No.77 of 2001 has been started against the petitioner and ten others in the Court of the Chief Metropolitan Magistrate, Dhaka on the basis of the aforesaid complaint and the same was prepared on the basis of the enquiry report submitted by the respondent..Category: Criminal Law | Date: | Hits: 36
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......risonment for 1 (one) month more by the judgment and order dated 25.04.2000. 2. The prosecution case, in short, is that on 01.09.1998 the complainant Mahbubul Alam Akan lodged a petition of complaint before the Chief Metropolitan Magistrate, Dhaka alleging that he was an employee of Baris..Category: Criminal Law | Date: | Hits: 42
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......ther admittedly the Court of Settlement in Case No.367 of 1987 having adjudicated the question as to whether the property in question it is an abandoned property or not, without having any written complaint from the said Court under the provision of section 195(1)(c) of the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 43
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......No. 13556 of 2003 discharging the Rule. 2. Facts, necessary for the purpose of disposal of this petition, are that one Ajhar Hossain alias Masudur Rahman respondent No.2 filed a petition of complaint on 14-09-2000 in the Court of learned Chief Metropolitan Magistrate, Dhaka, alleging inte..Category: Criminal Law | Date: | Hits: 39
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