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Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......ved bullet injuries and the election was held in gross violation of election law and rules at the behest of the officials responsible for conducting the election compelling the petitioner to lodge complaint with respondent No.2 Chief Election Commissioner seeking cancellation of the election det..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....was issued in December, 1999 and in that writ petition there is no challenge on the granting of licence. The first challenge is in respect of Annexure ‘A which is no objection certificate and second one is Memorandum and Articles of Association and the certificate of incorporation which ar......is also registered under the Foreign Donation Ordinance wherein also there is no embargo in investment for generating income to be used for charitable purposes. He further submits that there is no complaint against the BRAC that they are they using foreign donations in a manner not contemplated ..Category: Constitutional Law | Date: | Hits: 199
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......out of C.R. Case No. 130 of 1999 corresponding to Petition Case No. 1572 of 1998 in the Court of Magistrate, 1st Class, Combined Criminal Court, 'Ka' Anchal, Gaibandha. 2. The case arose out of a complaint at the instance of one Md. Hasan Karim, Director of Raqib Food Industries Private Limited ..Category: Criminal Law | Date: | Hits: 50
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
....ourt observed as follows- "Regarding reinstatement, I am of opinion that there is lack of confidence on the first party and as such he should not be thrust on the shoulder of the second party. Under the circumstances, he should be given termination benefits." ......ry was held by an officer of the company and on receipt of the report the employer dismissed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the Labour Court, The Labour Court found that the evidence on record was not..Category: Labour and Industrial Law | Date: | Hits: 110
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......r.......................................... Respondents Judgment January 24, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), Section 190, 204, 192(2), 528(2)(4) If the complaint is in writing the examination of the complainant will be done by the transferee Magistra..Category: Criminal Law | Date: | Hits: 60
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....der either or any of those enactments, but shall not be liable to be punished twice for the same offence." Article 35 (2) of the Constitution, it may be noted here, also puts a bar against second prosecution in the following terms: "No person shall be prosecuted and punished for t......No. 2359 of 1966. After acquittal the appellant filed an application before the Magistrate for returning the gold to him and got a favourable order. But the Deputy Superintendent of Customs filed a complaint on July 29, 1968 to the Sub-Divisional Magistrate alleging that the accused by keeping in ..Category: Criminal Law | Date: | Hits: 42
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....ticle 102 of the Constitution of the Peoples, Republic of Bangladesh. The Writ Petition was filed by the respondent Haji Jainal Abedin, father of one of the condemned prisoners. Let us examine the second point first. 5. Before the High Court Division it was argued that the order of conviction......er or other Orders or anything done or any action taken thereunder, the High Court Division acted within the jurisdiction in issuing the writ. 4. The case was originally initiated on a petition of complaint lodged on January 31, 1976 by one Rahima Akhtar Khatun before the Sub-Divisional Magistrat..Category: Criminal Law | Date: | Hits: 294
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......from 7.4.76. 3. The appellant filed a grievance petition on 19.4.76 under section 25 (1) (b) of the Employment of Labour (Standing Orders) Act 1965 to the Management which having been rejected a complaint was filed before the Second Labour Court under the Employment of Labour (Standing Orders) ..Category: Labour and Industrial Law | Date: | Hits: 106
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......by a police officer not below the rank of Sub-Inspector of Police. The Sessions Judge was not empowered under the Special Powers Act to take cognizance of the offence suo moto or upon receipt of a complaint other than a Police report by a competent officer or in the course of hearing of a revisio..Category: Criminal Law | Date: | Hits: 60
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ies were made by P.W. 14 in presence of P.W.s 1 and 2 who signed in the inquest reports which contain a specific reference to the General Diary Entry. P.W. 1 is matriculate and P.W. 2 was a higher secondary student at the material time. The seizure lists Ext. 3 prepared by P.W. 14 also contain a......e at 10‑00 AM and they stayed there upto 12 noon. It is stated by P.W.s 1-5 uniformly that during this long period of nearly 4 ½ hours no one thought of lodging an FIR and no written complaint was submitted to the Deputy Commissioner or Superintendent of Police. P.W. 1 stated in hi..Category: Criminal Law | Date: | Hits: 60
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......sp; ATM Afzal J : The question involved in this appeal by leave is whether the High Court Division was right in taking the view that no complaint by the court as required under section 195(1)(b) of the Code of Criminal Procedure 1898, ..Category: Criminal Law | Date: | Hits: 40
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......of the spoiled goods Tk. 8885/50 and held him guilty of defalcation of the balance of Tk. 33,329.89 and by an order dated 20.5.86 dismissed him from service. He challenged the dismissal by filing a complaint case before the 2nd Labour Court, Dhaka, which, after hearing the parties, set aside the..Category: Labour and Industrial Law | Date: | Hits: 79
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....ground and therefore he violated the provision of section 5(2) of the Act. He was cautioned by the Bank's letter dated 11.3.86 to observe the procedure for obtaining leave in future. 7. The second charge stated that the said respondent made a practice not to sit in the cash counter being ......dit and Commerce (Overseas) Ltd., shortly the BCCI and at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour Court, Dhaka held the order of dismissal to be lega..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......on has been made under rule 29 for repoll at the initiative of the Presiding Officer, this rule cannot be ignored and when there is no report about any disturbance during the poll or when there is no complaint about the counting of votes on the spot, the Election Commission got no jurisdiction to in..Category: Election Law | Date: | Hits: 117
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......ng a criminal proceeding against him. 2. The proceeding in question arises from a Complaint Case CR No. 39 of 1991 in the Court of Upazila Magistrate, Patuakhali. Respondent, who filed the complaint, alleged that he is a fish merchant at Terminal Ghat, Patuakhali, whereas the accused app..Category: Criminal Law | Date: | Hits: 43
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......bvious improvement in his examination‑in‑chief where he merely stated that he found the respondent writing a statement. Further there is nothing on record to show that the respondent had made any complaint to anybody that the customs officers had forced/threatened or coerced him in any manner to..Category: Criminal Law | Date: | Hits: 132
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....vestigation of the case against the respondents, firstly, by referring to the order of detention of the respondents passed by the Sub-divisional Magistrate as a "process of the Court" and secondly, by relying upon two decisions which, according to him, empowered the High Court to quash ...... S R. Kapur Vs. State of Punjab, reported in A.I.R I960 (SC) 866. "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 cons..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ly maintained this argument in his opening submissions. 104. The plain implication of this interpretation is that if a person fulfilling the first condition of clause (i) of Article 2 fulfils the second condition as well by being a permanent resident in the territories now comprised in Banglades......No. 111 of 1975. The respondent asserts that his name was not included in the list of 195 persons prepared by the Government for alleged crime under the International Crimes (Tribunals) Act, 1973. No complaint was made against him till the filing of his writ‑petition for commission of any offence ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....ut prior notice as provided in section 17(1) (a) of the Employment of Labour (Standing Orders) Act, but unless the matter is pressed before the Labour Court, it may not consider the case of the second party in ex parte proceedings. It appears from the impugned order that in the absence of Se......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... Criminal Appeal No. 1 of 1993. Judgment: MH Rahman J.- Respondent No. 1 a jute-merchant, filed a petition of complaint before the Thana Magistrate, Tala, accusing, inter alia, that on October 26, 1991, the ac..Category: Criminal Law | Date: | Hits: 70
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