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Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......onths’ wages since 1982 for supply of one pair of shoes and one set of warm cloths in addition to uniform for introduction of Benevolent Fund etc. and thereby violated the said agreement. The complaint further alleged that the accused appellant were liable for punishment under sectio..Category: Labour and Industrial Law | Date: | Hits: 98
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....sup3; gvgjv DVvBqv jBe| LiP Dfq c¶ enb Kwi‡e| Zvs 12-5-73| [The first party Sahajuddin will make the arrangement to register 35 Bighas and 2 kathas of homestead land to the second party Rostom Ali in dhag no. 348 of the Mrichapila Mouza free of cost. Rostom Ali will bear ......by section 23 of the Contract Act. As has been noticed already in the Criminal Court this issue was not made and the Criminal Court did not take any exception to the petition for withdrawal of the complaint case. Understandably the accused plaintiff would not take any exception because by the wi..Category: Property Law | Date: | Hits: 42
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......Labour Courts-which are triable by Labour Court II, Dhaka." 2. The Labour Court, Rajshahi directed reinstatement of the respondent. Thereafter on 7.9.82 the respondent made a complaint under section 26 of the Standing Orders Act for punishing the appellant as well as the Ma..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......rt in Italy for carrying to Chalna, Bangladesh. Respondent No. 2, the consignee received articles at Chalna where they were delivered during the period December 31, 1979 to January 3, 1980. No complaint was made in respect of delay in discharging the cargo. Defendant-respondent No. 2 de..Category: Civil Law | Date: | Hits: 95
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ...... is directed against the judgment and order of the High Court Division in Criminal Reference No. 245 of 1979. 2. Facts are simple. Complainant is the appellant. He filed a petition of complaint against the accused respondents alleging that they damaged the vegetable plants and cons&..Category: Criminal Law | Date: | Hits: 41
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....against the same person whether it is filed by the same complainant or by a different complainant, but only in certain exceptional circumstances. In case of case results in acquittal, there can be no second prosecution of the accused for the same offences. The Code of Criminal Procedure, 1898 (V...... challenged the Final Report by filing a naraji-petition, which was subsequently withdrawn. Thereafter, one Khorshed Alam, who was cited as a witness in the First Information Report, filed a fresh complaint against the same accused persons on the same allegation. C.R. Case No. 299(1) 82 under v..Category: Criminal Law | Date: | Hits: 79
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....r section 406 can be framed against a person who according to the complainant is a partner with him and is accused of the offence in respect of the property belonged to both of them as partner. The second question was whether the decision in Queen Vs. Okhoy Coomar was correctly decided. 1...... harassment to an innocent party and abuse of the process of the court.” It was further held that “the cases may also arise where the allegations in the first information report or the complaint even if they are taken at their face value and accepted in their entirety, do not constitu..Category: Criminal Law | Date: | Hits: 146
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....d the appellant guilty under section 304 Part I and section 201 of the Penal Code and sentenced him to rigorous imprisonment for 10 (ten) years under the first Count and to 5 (five) years under the second, making the sentences consecutive. On appeal, the High Court Division at Barisal, by the im......ul married life of one year. At the same time, he began to put pressure for realisation of money on account of dowry and started ill-treating and torturing his wife Usha Rani. There was Shalish and complaint to the authorities over the ill‑treatment of Usha Rani but without any avail. ..Category: Criminal Law | Date: | Hits: 51
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ......k. 50,000.00 on inducing a false belief in him by deception. 3. The application under section 561A Cr.P.C was filed on the averments, inter alia, that the facts disclosed in the petition of complaint do not constitute any offence of cheating as defined under section 415 of the Penal Code...Category: Criminal Law | Date: | Hits: 34
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....is appeal for special leave. Leave was granted to consider firstly, whether the learned Judges of the High Court Division were correct in observing that the present case was a case of no evidence and secondly, whether the High Court Division's order of acquittal was perverse as the strong circumstan......e to shock and hemorrhage as a result of the aforesaid injuries which were ante‑mortem and homicidal in nature. On 15.9.81 PW 5 Mozaffar Hossain Mondal, brother of the deceased, filed a petition of complaint before the Court of Sub divisional Magistrate, Bogra. Subsequently, on the receipt of the ..Category: Criminal Law | Date: | Hits: 49
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......lls in question an order of acquittal passed by a Magistrate, First Class and confirmed by the High Court Division in appeal namely, Criminal Appeal No. 61 of 1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged th..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
.... the complaint as has been done by the learned Magistrate. The learned Magistrate has of course stated that "moreover, no prima facie case has been made out during the enquiry". This is obviously a secondary ground the main ground for dismissal of the complaint is that the police submitted charge ...... Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 436, 439 and 439A That the police have submitted charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have considered whether any process should have been..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......osely puts a restriction on the general jurisdiction of a Criminal Court to take cognizance of an offence at the instance of any person under S.190 Crl.P.C. and it empowers a particular court to make complaint for an offence committed by a party to a proceeding in that court in respect of a document..Category: Criminal Law | Date: | Hits: 63
....B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......Magistrate in course of its normal public duty. Nor a case where police received information in course of its ordinary investigation into crimes. The enquiry was undertaken on a sprawling private complaint made by local Upazila Chairman which concerned a variety of subjects and which continued..
Category: Criminal Law | Date: | Hits: 88
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....reabouts were not known. This information was lodged on 7.8.82. The F.I.R. itself is given in the paper book at page 38. It was a three-page report containing 72 lines. The relevant information is in second paragraph containing 10 lines only. Then in a separate paragraph the informant stated how the......able to be quashed when the allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a complaint is not a ground for quashing a proceeding, for there are varied circumstances in which lod..Category: Criminal Law | Date: | Hits: 46
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....t Jamshed and others were smugglers and at one time he was missing. Taking advantage of his absence this false case was instituted against Musa Sarkar and his men out of enmity and grudge. 13. The second broad fact which has made the prosecution case totally vulnerable is the evidence of P.W.4 Mo......P.W.12). Sohrab and his relations could not go to the thana for fear of the accused during the night and on the following morning. He, however, managed to come to Rajshahi town at 2-30 P.M. and got a complaint petition lodged over the occurrence. The petition was taken to Paba P.S. by one Ibrahim Ho..Category: Criminal Law | Date: | Hits: 55
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......njuries and not from the surgical operations the learned Judges should not have expressed any imaginary, unfounded, faint doubt about the cause of death. As to the surgical operation, nobody made any complaint that the operation was defective, careless or perfunctory, and it is for the first time du..Category: Criminal Law | Date: | Hits: 62
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....ants in the light of the moon as they were hurriedly retreating through the jungle. Golam Ali found Elias lying almost dead with multiple injuries; he raised alarm whereupon the mother and the second wife of Elias appeared on the spot, followed by many others of the locality, including Ayub ......orded in the words of the prisoner. But it is not correct to say that the confession not recorded exactly in the prisoner's own words is inadmissible. It appears that the prisoner did not make any complaint before the Magistrate (P.W. 1) about any torture or mal-treatment upon him by the po..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......reatened by the assailants that Crease any allegation were made to the authorities, they would face dire consequences. Five days later Khijir's brother (P.W.1) came to Rangpur town and filed a complaint before the Magistrate specifically naming 14 of the assailants including these six respon..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....t Divisions considered that by his confession Kabir "has not incriminated himself or made any statement as to his participation in the crime. He has stated about his participation in some secondary acts and the alleged concealing of the head under water-hyacinth of the tank. The statem......ne of these requirements are found to have been fulfilled as he simply recorded the statement of the accused ignoring the broad fact that the accused was in police custody for six days, besides the complaint by him of torture. A confession of this nature can hardly be accepted as a voluntary one..Category: Criminal Law | Date: | Hits: 124
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