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Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......was entirely burnt with all his belongings P.W. 2 Abul Bashar, P.W 3, Shamsul Huq, P.W 5 Muazzam Hossain and others came and helped in extinguishing the fire. On 15th December, 1982 P.W.1 lodged a complaint, written by P W.9 Abdul Gofran an Advocate's clerk. 3. Defence case is that the acc..Category: Criminal Law | Date: | Hits: 57
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
...., Abdul Hye, and Abdur Rashid who were arrested in a case of forgery at his instance. I shall now enter into discussion of the evidences given by the witnesses. 40. P.W. 1 Majeda Khatun was the second wife of the deceased, Idris, whose first wife had died several years before the incident le......oning, there, is nothing unusual if the 7 appellants combined to murder Idris. Only 10 or 12 days, before the occurrence Idris was beaten up by some, if not all, of the appellants and Idris filed a complaint before the Sub-Divisional Officer, Kishoreganj, Though the main dispute is between some of..Category: Criminal Law | Date: | Hits: 56
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....is was no interference with the leave or annual vacation of the Munsif-Magistrate. It is interesting that the contemner U.N.O. has described the Munsif-Magistrate in the Memo not as a Munsif as a second class Magistrate. He has implied that the Munsif-Magistrate ought to have left the statio......nt or contempt of Court and sentencing him to suffer simple imprisonment for 7 days and to pay a fine of Tk. 1000/- and in default, simple imprisonment for 3 days more. 2. Facts as stated in the complaint against the appellant by respondent No. 2 who is Munsif-Magi strafe, Chilmari are that whi..Category: Criminal Law | Date: | Hits: 49
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....'s house, about 1 ½ years before the incident in question. On a dispute about payment of dowry accused Mujaffar Ali did not allow his daughter to go back to her husband's house, who thereupon took a second wife. Mujaffar Ali on behalf of his daughter filed a case under section 488, Cr. P.C claiming......he dagger blow aimed by P.W. 1 at Mujaffar Ali missed the target and hit Nurul Islam who thereby received the single blow that proved fatal. Furthermore, on these allegations Santushti Begum lodged a complaint against Nurul Islam, his uncle and other relations alleging that her father was assaulte..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....rt is not covered by this clause. To bring a case within its fold, the offence must be an offence of forgery in respect of a document which is "produced or given in evidence" in that very proceeding; secondly, the offence in respect of that document must have been committed by "a party to that proce...... are dismissed. The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom that Court is subordinat..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....r of the press informs the District Magistrate in writing of the change." 9. If a keeper of a Press does not make the declaration as required under this section, he is liable to punishment under second 30 of the Act for keeping the press without complying with such requirements, Section 30 of t......cedure. Under the Act there being no special provisions for investigation or inquiry, provisions of Criminal Procedure Code for the purpose shall be attracted. Hence, a private complainant can make a complaint for violation of the provisions of the Act. Private complaint of such grievances lies a..Category: Criminal Law | Date: | Hits: 59
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......n 19.10.79 complainant petitioner lodged an F.I.R. to Fatickchari Police Station, stating inter alia, that they have various litigations with the respondents and apprehending danger and mischief, the complaint’s nephew, deceased Md. Harun went to Fatickchari Thana at about 9 A.M. to make a G.D. ..Category: Criminal Law | Date: | Hits: 105
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....s that if the Magistrate is satisfied that there is sufficient ground for proceeding summons or warrant are issued depending upon the nature of the case according to the 4th column of the second schedule "for causing the accused to be brought or to appear at a certain time be......ds "the proceeding of a court of justice" appearing in the 4th exception to section 499 of the Penal Code. Counsel contended that this exception does not cover statements made in written complaint but statements made orally in open court. 3. It would be useful to take note of th..Category: Criminal Law | Date: | Hits: 77
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ch provisions of law, Mr. Ishtiaq Ahmed submitted that a proper analysis of the decisions of these Courts would reveal that in most of these cases infringement of equality clause was not urged and, secondly, where such infringement had been urged, it was found that there was no such infringement......er and the extent of the judicial control over such exercise. 40. Facts of this case were that the appellants who were the members of a regional committee of the Milk Marketing Board made a complaint to the Minister of Agriculture, Fisheries and Food under section 19 (3) (b) of the Agric..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....nowara tried to go out of the room but Saleha caught hold of her, then appellant Iqbal hit on the head of Saleha with a wooden piece (Dasha) Saleha fell down on the red carpet. Monowara rushed to the second floor and informed the appellants mother Syeda Begum. The mother immediately came to the room...... April 18, 1978 at about 1.30 PM; and he in collusion with Driver Anwar Hossain and mother Syeda Begum falsely fabricated a story of suicide and through his brother Iftekheruddln alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Huq Chowdhury carried out the post mort..Category: Constitutional Law | Date: | Hits: 292
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....s two bars on the legislative power of the Parliament, one is that Constitution being the supreme law of the State any other law inconsistent with it, shall to the extent of inconsistency be void The second is set out in the Fundamental Rights Chapter or Bill of Rights Chapter. Article 26 at the b...... contended that in view of some allegations regarding the tenders the President took the decision regarding his retirement. What was the nature of allegation was not stated. Government made a general complaint that some of ''his Annual Confidential Reports contained adverse remarks but did not spe..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....The Inquiry Officer found him guilty of failure to submit the estimate in time and recommended a minor punishment of censure. The Government, however, decided to award the extreme punishment and a second show cause notice was issued. Thereafter the matter was referred to the Public Service Com&s......al work on 31.5.74 I completed the case simultaneously with completion of the building construction work. There was no delay in the connection of the electrical works. As such there was no complaint from any corner for the electrical works. In the circumstances, it may kindly be..Category: Employment/Service Law | Date: | Hits: 87
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....ed to some particular centres. The invalid ballot papers contained double seals. Since the seals remain la the custody of the Presiding Officer, they in conclusion with the appellant put the second seal on the ballot papers to render them invalid and thereby reducing the votes cast in fav......ed himself in an unknown place and he was missing till 11-30 hours on 14-8-77. He was neither found at his residence nor at the polling centre. The Election Officer-cum Returning Officer lodged a complaint to the police station at Khulna and Khulna P.S. Case No. 41/77 was registered under M.L...Category: Election Law | Date: | Hits: 121
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....gation revealed that he prevented Mr. Alvi, Assistant Manager, from leaving the office for his house and had also prevented his car from moving any further than where he had stopped it. In the second one, it was alleged that he snatched away the workers' attendance register from the table in......unicate his decision, in writing, to the said worker. (b) if employer fails to give a decision under clause (a) or if the worker is dissatisfied with such decision, he may make a complaint to the Labour Court having jurisdiction, within thirty days from the last date und..Category: Labour and Industrial Law | Date: | Hits: 91
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....the view that in cases of this nature it was not necessary to plead specifically the particulars of the loss sustained or benefit expected. The suit was, accordingly, held to be maintainabls. The second issue was also answered in the negative. It was also found as a fact that the girl had died a......of the death and secondly under section 2, which is in these terms: "Provided always that not more then one action or suit shall be brought for, and in respect of the same subject-matter of complaint; Provided that, in any such action or suit, the executor, administrator or representative ..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
.... that the accused, cannot be blamed. Apart from this, the evidence on the police record ex-facie shows that the case of the petitioner requires further inquiry." Aggrieved by the order of the second learned Single Judge, Muhammad Khan, complainant, moved this Court for special leave to appea......ed counsel for the accused has traced out the progress of this case from the record minutely. This chart (Annexure 'A') has not been disputed by the learned counsel appearing for the State and the complaint. Its summary shows that twelve out of forty-one witnesses cited in the calendar have been..Category: Criminal Law | Date: | Hits: 96
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ...... Ordinance, 1959, hereinafter referred to as the Ordinance, can suspend the operation of the impugned order without an express provision to that effect in the Ordinance. 2. In pursuance to a complaint lodged by the Police under sections 12 & 14 of the Ordinance, the District Tribunal, Suk..Category: Criminal Law | Date: | Hits: 49
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....xamination." It is clear that for examination of the Engineering Supervisors, the rule contemplates two groups of three categories, the first consisting of departmental candidates and the second of other members of the staff of the department described as "outside candidates" and “othe......hese points in view, it has been decided by Government that Mr. Nazir Ahmad should be treated as an outside candidate and his seniority fixed accordingly". In challenge of this order, the complaint of the appellant before the High Court was twofold, the first that he was a "departmenta..Category: Employment/Service Law | Date: | Hits: 103
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
.... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......espective writ petitions) asking the respective petitioners to appear before him with the papers and documents in connection with an enquiry under the Anti-Corruption Act, 1957 against them upon a complaint received by the Anti Corruption Bureau. 2. The petiti..Category: Criminal Law | Date: | Hits: 58
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......nal, Dhaka, and similar order was also passed in the other writ petition. So it is clear that only the transfer orders have been in question in both the writ petitions and nothing else. There is no complaint in the rules against violation of any fundamental right of any of these writ petitioners..Category: Employment/Service Law | Date: | Hits: 57
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