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State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ...... is contrary to the Provision of section 5A of Act II of 1947 and, as such, illegal. The High Court Division further held that since the alleged forged document was filed in the Civil Court private complaint in respect of such document is barred under the provisions of section 195 (1)(c) of the Co..Category: Criminal Law | Date: | Hits: 63
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
...., Bangladesh having election symbol “Daripalla’. Opposite party No. 5 was declared elected by a margin of 280 votes securing in total 55,717 votes while the election-petitioner got the second highest vote i.e. 55,437. The election in different polling centres suffered from various il......was highly improbable and unbelievable that in their presence Shahidul Islam canvassed for the appellant. Moreover, neither the election-petitioner nor his election agent or polling agent made any complaint to any authority at the time of polling or immediately after the poll alleging that at th..Category: Election Law | Date: | Hits: 126
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......1 against the judgment and order dated 28-3-2005 of the High Court Division discharging the Rule in Criminal Miscellaneous Case No. 10039 of 2004. 2. The respondent No.2 Kaji Md Abu Tayeb lodged a complaint on 8-10-2003 before the learned Chief Metropolitan Magistrate, Chittagong stating, inter a..Category: Criminal Law | Date: | Hits: 138
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......48/341/323/307/379/365 and 34 of the Penal Code read with Sections 3 and 4 of the explosive substance Act. 2. The facts, in brief, are that one Nazrul Islam on 17.06.2002 filed a petition of complaint before the learned Magistrate, Comilla alleging, inter alia, that he was a contracto..Category: Criminal Law | Date: | Hits: 71
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......pected to be dangerous to public health item (18) and to take any other measures likely to promote the welfare, health, safety of the inhabitants of the union or visitors (item 38); to authorise a complaint regarding the commission of the offence of using water for drinking from any source which..Category: Environmental Law | Date: | Hits: 255
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
.... is stopped and the accused persons released under section 339C (4) of the Code a fresh proceeding is maintainable on the self-same facts. The law has not specifically provided for institution of a second proceeding under the new dispensation. It is also to be considered whether the purpose of l......cases, but it does not appear from the language used in section 339C that it was the intention of the legislature to bid a farewell to the well-known concept of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. ..Category: Criminal Law | Date: | Hits: 46
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......dure, 1898 (V of 1898), section 561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, f..Category: Criminal Law | Date: | Hits: 59
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......Case No. 3128 of 2001 praying for quashing the above proceeding pending in the Court of Metropolitan Magistrate Court No. 19, Dhaka stating that the complainant/petitioner on 13.1.2001 filed a complaint case against him and others on the allegations that he and others created an affidavit be..Category: Criminal Law | Date: | Hits: 39
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....hough the enquiry officer obtained the signature of the petitioner on the enquiry proceeding. The enquiry was conducted in gross violation of the principle of natural justice. Thereafter, second show cause notice was served on 3.11.1993 and the petitioner submitted written explanat......an Corporation was made a party in place of Bangladesh Biman Airlines but the High Court Division made the Rule absolute on the ground that Bangladesh Biman Corporation was not made a party in the complaint case and accordingly committed error of law. He next submits that the complaint petition ..Category: Employment/Service Law | Date: | Hits: 91
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......ion. 9. Leave is therefore, granted to consider the following ground:- "Because the learned Judge of the High Court Division failed to consider that from the plain reading of the complaint it is abundantly clear that it does not disclose any offence against the petitioner and ..Category: Criminal Law | Date: | Hits: 44
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......n identified the appellant Md Wasim Mia and disclosed by gestures and postures that she had been raped by Md Wasim Mia and another and then she was taken to Netrokona Hospital and on the basis of a complaint filed by Khodeja Khatoon, her mother, Netrokona PS Case No.11(8)200 was started and after..Category: Criminal Law | Date: | Hits: 71
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......ear and unequivocal proof 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 FIR or complaint. Without bringing on record that evidence it will be pointless to bring on record or consi..Category: Criminal Law | Date: | Hits: 49
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ...... 1 and 2 were told by appellant No.2, Rash Mohan Adhikari, that he had taken lease of both the fisheries by his lease-deed dated 24 July 1983. Thereupon P.W.2, Nakul Chandra Malo, filed a petition of complaint before the Deputy Commissioner, alleging that the lessee (appellant No.2), the Fishery Off..Category: Criminal Law | Date: | Hits: 45
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......our hands to quash the proceeding. 10. Let it be reiterated that the law as to quashing of a criminal proceeding has already been settled long back. If the statements made in the petition of complaint or First Information Report/ Police report are admitted in its entirety and still do..Category: Criminal Law | Date: | Hits: 57
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ...... by the High Court Division in Criminal Miscellaneous Case No. 2250 of 2002 discharging the rule. 2. The facts, in brief, are that the respondent No.2 Sheikh Liakat Ali lodged a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka stating, inter alia, that he..Category: Criminal Law | Date: | Hits: 29
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......Case No.561 of 1993 under Section 420 of the Penal Code pending in the Court of Magistrate First Class, Court No.1, Bagerhat, 2. The respondent No.1 as complainant on 6-11-1993 filed a petition of complaint in the Court of Thana Magistrate, Bagerhat Sadar, Bagerhat against the accused petitioner ..Category: Criminal Law | Date: | Hits: 92
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
.... and payment of rent by the plaintiffs and oral and documentary evidence the High Court Division rightly found the plaintiffs in exclusive and specific possession of the suit land. 12. So far the second ground is concerned; it appears that both the trial court as well as the High Court Divisio...... the same in safe cover to the Fifth Court of Joint District Judge for prosecution of D.W.1 Abdul Awal Minto in accordance with law and directed the Joint District Judge, Fifth Court, Dhaka to make a complaint against D.W.1 Abdul Awal Minto under section 195(I)(c) read with Section 476 of the Code o..Category: Property Law | Date: | Hits: 75
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ...... jurisdiction on the High Court Division like other sections in the Companies Act providing for resort to the Court i.e., the High Court Division and as such could not invoke the said provision or complaint regarding non-compliance of the provision of section 95 of the Companies Act. 9. A..Category: Business or Commercial Law | Date: | Hits: 147
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ocedure." 6. There are two parts of this observation of the Privy Council; the first one relates to exclusion of the jurisdiction either by express provision or by necessary implication, and the second part simply enables the court, even if it has got no jurisdiction over a matter, "to examine ...... fundamental principles of judicial procedure. In the instant case, the learned Single Judge did not find anything to examine under the second part of the observation, obviously because there is no complaint that any provision of the Election Law has been violated by the Returning Officer 'or the ..Category: Election Law | Date: | Hits: 173
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