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Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......ntified the petitioner Md. Wasim Mia and disclosed by gestures and postures that she had been raped by Md. Wasim Mia and an other and then she was taken to Netrokona Hospital and on the basis of a complaint petition filed by the Khodeja Khatoon, her mother, Netrokona PS. Case No.11 (8) 200 was s..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......nch of the High Court Division in Criminal Miscellaneous Case No. 1761 of 2001 discharging the Rule. 2. The facts, in brief, are that the respondent No.1 as complainant lodged a petition of complaint against the accused petitioner and others alleging, inter alia, that they agreed to take ..Category: Criminal Law | Date: | Hits: 30
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 discharging the rule. 2. The facts, in brief, leading to the leave petition are that the respondent No. 1 filed a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka alleging commission of offence und..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......ervant for an offence under this Act and such sanction shall be sufficient for the prosecution of a public servant for an offence tribal under this Act: Provided that in case where the complaint or report referred to in sub-section (11) of section 4 is not accompanied by such sancti..Category: Criminal Law | Date: | Hits: 39
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......ase No. 221 of 2003 under Section 98 of the Code of Criminal Procedure for recovery of the fishing trawler F.V. Champa and thereupon the learned Chief Metropolitan Magistrate sent both petition of complaint and the petition of the said Petition Case No. 221 of 2003 to the Officer-in-Charge of th..Category: Property Law | Date: | Hits: 31
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....value on the Hard Boards and MDF Boards on the sizes imported, normal value has to be fixed on the basis of market value prevailing on the date when the bill of entry was submitted. 13. The second question of the leave granting is whether the respondents on the basis of previous assessmen......heets of Hard Board of similar size that is 8' x 4'x2. 5mm from Thailand and after the arrival of goods submitted bill of entry for assessment of customs duty and other levies but on the basis of a complaint made by some business rivals of the respondent lo the effect that the respondent was tryi..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......lding further investigation. Only the police on their own can hold further investigation. 4. We could not accept this contention of the learned Advocate because a Naraji petition is a fresh complaint and the Additional Metropolitan Session Judge, by sending the case for further investigat..Category: Criminal Law | Date: | Hits: 102
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ision Bench of the High Court Division in Criminal Revision No. 289 of 1999 discharging the Rule. 2. The facts, leading to this petition, are that complainant-respondents filed a petition of complaint on 2-6-1996 before a learned Magistrate, 1st Class, alleging, inter alia, that the accuse..Category: Criminal Law | Date: | Hits: 37
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......; the plaintiff No. 2 is the only heir of Janaki in Bangladesh; since Bindoe Behari Datta, an Indian citizen, had been living in Bangladesh illegally after the expiry of his visa, on the basis of the complaint filed by the plaintiff No.1, the Ministry of Home, after inquiry, made him blacklisted..
Category: Civil Law | Date: | Hits: 111
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....not referring the matter to a larger Bench for resolving the apparent anomaly of the subject concerning the matter of vital public importance and the same has occasioned failure of justice. 8. The second contention that the two Division Benches of the High Court as had taken diverging views the l......of the Penal Code, pending in the Court of Magistrate, 1st Class, Tangail. 2. The aforesaid case No. 520(1) of 1995 of the Court of Magistrate, 1st Class, Tangail was registered upon a petition of complaint filed by the complainant-respondent No.1 Abdur Rahim Sheikh before the Court of Magistrate..Category: Criminal Law | Date: | Hits: 48
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......r quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes the plea. A criminal proceeding is liable to be quashed if the facts alleged in the FIR or in the complaint petition, even if admitted do not constitute any offence or the proceeding is barred by an..Category: Criminal Law | Date: | Hits: 39
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......ts along with twelve (12) others are facing trial in the court of the Assistant Sessions Judge, Bogra for alleged offences under sections 304, 324, 325 & 326 Penal Code. The case was started on a complaint petition filed before the Upazila Magistrate, Shibganj on 31.8.86. Complainant-responden..Category: Criminal Law | Date: | Hits: 63
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....Labour (Standing Orders) Act, 1965 and ought to have held that on the failure of Respondent No.2 to join her post within 10 days from the expiry of leave, her service had automatically terminated and secondly, that the findings of the Labour Court, that Respondent No.2 had satisfactorily explained h......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....tion, until cognizance of the offence is taken by the Court. 10. The question raised in the appeals is two-fold, firstly, extent of High Court's inherent power under section 561A of the Code; and secondly, whether there is any scope for interference by the High Court when investigation has not y......n reports charged the accused with cognizable offences the police were entitled to investigate without a Magistrate order, Mr. K.L. Gauba, a Barrister-in-Law who had represented Saleh, made a written complaint on August 7, 1941 to the District Magistrate charging the respondent with a number of crim..Category: Criminal Law | Date: | Hits: 95
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ter Rahela and another in favour of the defendant but she is questioning only the genuineness of the document executed and registered in favour of the defendant and as regard the other document no complaint has been made and no relief has been sought against the other document i.e. Heba-bil-ewaz..Category: Property Law | Date: | Hits: 30
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
.... aforesaid steps of the learned Assistant Judge taken for his prima facie satisfaction. Moreover, this has not prejudiced the accused petitioner at all. We do not, therefore, see eye to eye on this second branch of submission of the learned Advocate. We have perused the impugned judgment ...... as such, the proceeding is an abuse of the process of the court. He further submits that the proceeding has been started on the basis of a report of the learned Senior Assistant Judge and not on a complaint made by the public servant concerned affected by the alleged offences and, as such, the p..Category: Criminal Law | Date: | Hits: 46
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....the other, but in his deposition he stated that all the five accused including Monoranjan had assaulted his mother. His mother, he has admitted, had been divorced by his father 30 years ago, that her second husband also died and since then she had been residing in her hut where the incident took p......denied that enmity grew between them when Monoranjan did not vote for his chairmanship. He has, however, admitted the defence suggestion that about a year before this incident Monoranjan had lodged a complaint against him to the Martial Law Authority for misappropriation of relief fund. He has also ..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ...... Division upheld the order of conviction and sentence but set aside the direction for payment of the sale proceeds to the complainant. 2. On 2nd November, 1985 respondent No. 1 filed a petition of complaint in the Court of Upazila Magistrate, Banshakhali Chittagong under section 406 of the Penal ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ned judgement does not suffer from any infirmity. At this stage we need not enquire into the merit of the case. The appeal is dismissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127......dure, 1908 (V of 1908), section 96(1) (3) The Code of Criminal Procedure, 1898 (V of 1898), section 476 The High Court Division issued a suo-moto rule upon the appellants to show cause as to why complaints should not be lodged against them under section 476 of the Cr.P.C for the allegation of p..Category: Criminal Law | Date: | Hits: 45
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