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Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
......roceedings in the following grounds:
"(i) Where it manifestly appears that there is a legal bar against the institution or continuance i.e., want of sanction etc.
(ii) Where the FIR or complaint petition does not disclose any criminal offence at its face value.
(iii) Where the al..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......abuse of the process of the Court; (3) Where there is a legal bar against the initiation or continuation of the proceeding; (4) In a case where the allegations in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute ..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Joaharul Islam (Md.) Vs. State and another, 2011, 40 CLC (AD)
.... transfer was heard by the learned Additional Sessions Judge, Second Court, Tangail, who rejected the revision by the judgment and order dated 28-6-2009. After that, the leave petitioner filed a second revision before the High Court Division under section 439 A of the Code of Criminal Procedure......fore the learned Additional Chief Judicial Magistrate Court, Tangail. 2. The facts, leading to the filing of this petition, in short, are: 3. Complainant-respondent No.2 filed a petition of complaint against the accused-leave petitioner bringing in allegations under sections 420/467/408 of..Category: Procedural Law | Date: 8 Dec, 2011 | Hits: 3
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ...... Nari-o-Shishu Nirjatan Daman Ain, 2000 clearly speaks that the Tribunal only can take cognizance of the offence punishable under section 17(1) of the said Ain and proceed with the trial if a written complaint is made by “কোন ব্যক্তি” before it. If we read sub-section (1) a..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......n 420/406 of the Penal Code, as such, the proceeding in question cannot be held to be an abuse of process of the court and thus, the rule is liable to be discharged. 11. We have gone through the complaint, ejahar, charge-sheet and the confessional statement made by accused Mizanur Rahman alias ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ...... applications under section 561A of the Code of Criminal Procedure, three accused-persons of Sessions Case No.607 of 1997, subsequently renumbered as sessions Case No.558 of 1999, arising out of complaint petition Case No.1081 of 1997 obtained the present Rules calling upon the Opposite-Pa..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ...... and torturing murdered her for the cause of dowry, then she was hanged in a rafter of conjugal home. After autopsy the cadaver was buried in absence of the accused. Then P.W.1 as complainant filed a complaint before the Magistrate, Sherpur which was referred to the Police Station wherein it was rec..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......encing him to suffer simple imprisonment for 3(three) years. 2. The short fact of the case is that one Deputy Director of Anti-Corruption Commission, Comilla District Office, filed a petition of complaint on 8-4-2007 in the Court of Senior Special Judge, Feni that was registered as Special Case..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......n Damon Case No.201 of 2009 rejecting a naraji petition filed by the complainant. 2. Facts relevant for disposal of the appeal, in brief, are that the appellant as complainant filed a petition of complaint being Nari-o-Shishu Nirjatan Damon Case No.201 of 2009 before the Nari-o-Shishu Nirjatan D..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......11(L), 30 of the Nari-O-Shishu Nirjatan Daman Ain 2000(briefly as Ain 2000) against the appellants. 2. The prosecution case put in nutshell are that on 08-09-2003 one Ali Ahmed filed a petition of complaint in the Court of Chief Metropolitan Magistrate, Dhaka against the appellants and one A. Mal..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......r acting under section 143 in mutation proceeding does not invoke the bar under section 195(1)(c) of the Code of Criminal Procedure and in such a case the court can take cognizance of the petition of complaint filed by a private person.........................(6) Cases Referred to- Shahera..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......its that the petitioner took loan as proprietor of M/s Sugandha. International even if assuming true but not conceding that the said firm M/s Sugandha International has not been made party in the complaint petition which is mandatory as per the provision provided in section 140 of the Negotiable..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......ng appointment of auditors. Paying no heed, BTRC proceeded with the procuring process and executed formal agreement with respondent No.12 on 5-4-2011. Thereafter, the petitioners filed representation/complaint before the Secretary, Ministry of Posts and Telecommunication followed by an Appeal before..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......ther and brother got her admitted in the local Health Complex. After recovery, she had informed her father and other witnesses in details about the torture and assault on her and thereafter filed the complaint. The appellants surrendered before the Tribunal, obtained bail and filed an application on..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he matters challenging the maintainability of the writ petitions mainly on three grounds, firstly, that the writ petitions are not maintainable since the writ petitioners have alternative remedy, secondly, as the writ petitioners are fugitive from justice they are not legally entitled to any r......er signature while she was in Korea. The police took up the case for investigation and at this stage, the appellants moved the High Court Division challenging the investigation of the case. In the complaint, the Registrar, Joint Stock Companies alleged that Bo-Sun Park submitted on 6th March, 20..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......dment Act (hereinafter referred as the Act) provides that prior sanction of the Government is required to prosecute a public servant for any offence under the schedule of this Act. If the petition of complaint or the police report is not accompanied by such sanction, the Special Judge shall immedi&s..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......oever including the dissimilarity of the signature of the drawer on the cheque, the offence under the section shall be complete and in that case the payee shall have the liberty to file a petition of complaint before the competent Magistrate against the drawer of the cheque, of course, by complying ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......f the court. (3) Where there is a legal bar against the initiation or continuation of the proceeding. (4) In a case where the allegations in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....ed. Two of the accused went up to the Appellate Division against the said order of rejection passed by the High Court Division. The Appellate Division considered the issue: under what circumstances a second complaint may be entertained after dismissal of a previous complaint and discharge of the acc...... Daman Tribunal, Patuakhali in Nari-o-Shishu Case No.185 of 2004 stopping all further proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons includin..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
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