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Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....t and the Bangladesh Act the definition of "dowry" is about the same There are four ingredients in both the legislations defining dowry, namely, first, it has to be any property or valuable security, secondly, it has to be given or agreed to be given either directly or indirectly by the parties ment......bition Act, 1980 and sentencing him to suffer rigorous imprisonment for two years. 2. The prosecution story in brief is, that on 11.4.90 Mosammat Feroja Begum, the complainant, filed a petition of complaint in the Court of Upazila Magistrate, Gournadi against the accused‑appellant and his broth..Category: Criminal Law | Date: | Hits: 69
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......d reiterates the submissions on which leave was granted. 8. Mr. Rokunuddin Mahmood, learned Advocate for writ petitioner-respondent No. 1, made no submissions with regard to the appellant's complaint against the two learned Advocates. He concedes that it is rational and reasonable to hold..Category: Election Law | Date: | Hits: 136
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....uiry committee, was absent on 7 April 1988, but the enquiry committee continued its proceeding without adjourning it and without giving a reasonable opportunity to the plaintiff to defend himself. No second show cause notice was served before passing the order of dismissal. 2. The case of the app......rom 12 January 1987. The plaintiff did not attend the school on 12 January 1987, but he engaged some goonda elements to disturb the law and order situation and academic atmosphere in the school. On a complaint the Officer‑in‑Charge of the Motijheel Police Station started a criminal case, No. 66 ..Category: Employment/Service Law | Date: | Hits: 101
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......Master Plan, serious environmental hazards will be created in the area and so appropriate action may be taken against the said unauthorised construction; then the respondent No. 2, having found the complaint of the petitioner true, issued letter dated 17th February, 1990 requesting the respondent..Category: Environmental Law | Date: | Hits: 293
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......r adequate, and where the wrong complained of is so inextricably mixed up that the High Court Division may for the prevention of public injury and the vindication of public justice examine that complaint. It is needless to add that the High Court Division is to see that the aggrieved person ..Category: Civil Law | Date: | Hits: 103
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......ice. (c) Where there is a legal bar against institution or continuance of a criminal case against an accused person. (d) In a case 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 constit..Category: Anti-Corruption Laws | Date: | Hits: 89
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......rit petition and by an order dated 16-6-88 they set aside the order of appellate authority and restored the order of the Collector of Customs. Abdul Alim Mallick, a Custom Inspector, also filed a complaint petition on 2-1-86 against the Captain and the crew members of MV Alba and others under s..Category: Business or Commercial Law | Date: | Hits: 96
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......een acquitted by the trial Court; his acquittal was not challenged in appeal; but he has been included among the accused‑respondents in this appeal by mistake. 2. The case arose from a complaint petition (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, by the c..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....named "The Local Government Thana Parishad and Thana Administration (Re‑organisation) Ordinance, was published in the Gazette on 21 December, 1982 and since then it was amended on 18 occasions. The second Amendment was effected by Ordinance No. 33 of 1983 and it is this Ordinance No. 33 of 1983, w...... labour in stone quarries. The Supreme Court issued a direction for taking steps against exploitation of the workmen in the quarries. In Sheela vs. State of Maharastra, AIR 1983 SC 378, a petition of complaint of custodial violence to women prisoners in police custody came up before the Supreme Cour..Category: Constitutional Law | Date: | Hits: 655
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ....... At a meeting of the Board of Trustees of RAJUK held on 29.9.88 a decision was taken not to mutate the said plot in the name of the appellant on the ground that mutation was stayed on receipt of a complaint on 5.10.86. After having served a notice of demand of justice the appellant obtained a R..Category: Property Law | Date: | Hits: 110
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......lations Ordinance, 1969, worker/ workman has been defined in almost same terms. An individual worker seeking redress of any grievance, such as redress against his removal or termination, may file a complaint to the Labour Court constituted under section 35 of the Industrial Relations Ordinance. ..Category: Administrative Law | Date: | Hits: 130
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... case” 12. In this case the defence did not first agree that there were a case and a counter‑case since according to them, time and place of the two incidents were different. And secondly, they never wanted the two cases to be tried by the same court. Of course, it......t refer to each of them but the common principle laid down there is that, "it is a well‑settled rule of law" that when there is a fight between two rival factions giving rise to the complaint and the counter‑complaint, the most desirable course is that both the cases should ..Category: Criminal Law | Date: | Hits: 69
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......ing of Complaint Petition Case No. 844'a of 1990, pending in the Court of Chief Metropolitan Magistrate, Dhaka under sections 420 and 406 of the Penal Code. 2. Respondent No. 2 filed a petition of complaint on 19.8.90 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that her ..Category: Criminal Law | Date: | Hits: 64
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....e last bargadar and he delivered barga crop to the first party up to 1980. Since then, however, he did not deliver the share of barga produce to the first party whereupon a Darbar was held and the second party disclosed there that the wife of the first party had sold the disputed land to the son......ench of the High Court Division, Dhaka making the Rule absolute in Criminal Misc. Case No. 44 of 1987 and quashing the proceeding in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Upazila Magis..Category: Criminal Law | Date: | Hits: 53
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ucha case. The Labour Court in such a case acts purely as a statutory Tribunal with all the trappings of a Court, but not a Court proper. 24. Similarly, when the Labour Court decides an individual complaint from a worker under section 25 of the Act, it does not act as a Civil Court, nor shal..Category: Labour and Industrial Law | Date: | Hits: 103
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
.... a student of either the University or the Central Law College. In fact he had left Dacca University on the 8th of February, 1968." SECOND PRESS NOTE. Following is the second Press note issued by the Government of East Pakistan in Dacca on Monday Night :— ......the discharge of an official duty will be protected by the said section without reference to the circumstances attending the occasion. 2. The Appellant F. M. Rashiduzzaman filed a complaint before the Sub-Divisional Magistrate (S) Dacca against the respondent Mr. Bahauddin Ahme..Category: Criminal Law | Date: | Hits: 66
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
.... civil court within the meaning of section 2(14) of the code and as such executable under the provision of the Code by virtue of section 36. Guha J’s decision so far it purports to hold that second appeal lies has not been rightly decided inasmuch as only one appeal as the parent order is,......or delivery of possession should be dismissed. The provision of order XXI, rule 97 of the Code provides that the Court shall investigate the matter after summoning the persons against whom the complaint of some resistance or obstruction has been made and this provision necessarily implies t..Category: Property Law | Date: | Hits: 77
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......d Judges made the above observations having relied upon a decision in the case of Raja Huq Newaz V. Mohd. Afzal reported in 19 DLR (SC) 369. In that case, proceedings were sought to be quashed at the complaint stage. It was held "quashing of proceedings at so early stage gives an unfortunate impre..Category: Anti-Corruption Laws | Date: | Hits: 225
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... a plea of innocence. It was contended that the petitioner and Akkas Ali were falsely implicated at the instance of their enemies. 3. The trial ended in their conviction under the first and second charges and they were sentenced each to one year rigorous imprisonment under the first ......ing the conviction and sentence of the petitioner on the face of the evidence of P.W. Bajitullah, the father of the deceased, that the present case was connected by some persons and that his first complaint contained true state of things. In support of his contention he referred to the following..Category: Criminal Law | Date: | Hits: 62
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ......erienced by the regular cases of wastage such as transmission of conversion losses. The Electric Supply Corporation of Calcutta having obtained sufficient prima facie materials lodged a complaint before the Chief Presidency Magistrate at Calcutta against 23 persons that thei..Category: Criminal Law | Date: | Hits: 69
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