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Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....provides for such payment of his salary the borrowing authority. The payment is sanctioned by the Service Rules. His status as Government servant remains unaffected. 14. We may now refer to second ground of the learned Judges that the borrowing officer was not entrusted with the perf...... predecessor of the appellant as Administrative Officer of the Company. While the appellant was so serving in the company on 31-12-1970, Respondent 2, a trustee of the Provident Fund Trust lodged a complaint before the Sub-Divisional Magistrate, Dacca alleging that the appellant had forged a..Category: Employment/Service Law | Date: | Hits: 81
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......ction and sentence of the appellant when the said conviction and sentence of the appellant were based, according High Court Division, on insufficient evidence namely, and the solitary evidence of the complaint himself who was the most interested in the prosecution of the appellant. 5. Mr. Moinul ..Category: Criminal Law | Date: | Hits: 70
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......es Union, being dissatisfied with this decision of the Company initiated conciliation proceedings but, the same having failed, instituted a labour dispute case under section 6 and also filed a complaint under section 31 of the East Pakistan Labour Disputes Act 1965 (hereinafter referred to a..Category: Labour and Industrial Law | Date: | Hits: 138
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....any police officer designated for that purpose, so the said order was not subject to revision by the High Court Division under sections 435 and 439 of the code of criminal procedure. So far as the second point was concerned the Appellate Division after taking into consideration the fact tha......d Act. Section 648 specifically saved a prosecution started by liquidator or ordered by the court under repealed Act. But the prosecution against the liquidator-respondent was started on a private complaint by the Registrar of the companies. So a question arose whether the said prosecution..Category: Criminal Law | Date: | Hits: 113
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....ruction by passing J. D. Y. (F&A). In other cases his noting in the applications appears to be uncalled for. In none of the above cases any evidence of corruption could be established. 2. The second show cause notice was served upon the respondent on 13-3-73 proposing a penalty of dismissal.......vision in respect of distribution of ration cards by the Y. D. Cs and checking up of the statements and returns thereto to apprise J. D. Y. (P & A) of the weekly progress; (3) Attending to public complaints and investigation of the same as and when necessary with the approval of J. D. Y. (P&am..Category: Employment/Service Law | Date: | Hits: 170
A.K.M. Muklesur Rahman Vs. Govt. of Bangladesh, 1977, 6 CLC (AD)
.... forthwith. We cannot, therefore, agree that the reasons shown by the petition for condonation of delay are at all satisfactory. The petition is, accordingly, dismissed. Ed. ...... Chowdhury alias Rafique Master on the allegations, inter alia, that he was arrested on 3rd June, 1974 in connection with Lakshmipur P S. Case No. 3 dated 3 1.1974 on the basis of a written complaint filed by the Officer-in Charge of Lakshmipur P. S. to the effect that he was engaged in p..Category: Criminal Law | Date: | Hits: 69
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......cret enquiry as alleged by the appellant. It was a public and open enquiry. The persons who were appointed to conduct the enquiry were all responsible high officials of the Government against whom no complaint has been made by the appellant. The full Enquiry Report has been made available to us by t..Category: Administrative Law | Date: | Hits: 175
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... lodged in Shibganj Police Station on 26.1.1993 over the death of one Nawab Ali and an unnatural death Case No.4 of 1993 was registered. On 1.10.1994 a daughter of the deceased filed a petition of complaint in the Court of the aforesaid Magistrate who by his order passed on the same day directed..Category: Criminal Law | Date: | Hits: 62
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....e other case, that is, Criminal Revision No. 3332 of 1991. 11. The learned Judges upon a lengthy consideration of the facts and law involved in the case observed: “In the second charge‑sheet as indicated above there has been effort on the part of Investigation Of...... regard to the involvement of the respondents in the murder of Mahabbat Ali and Jamshed Ali. There is nothing on record to show that any other person made any First Information Report or lodged any complaint in Court alleging commission of the said murders by the respondents. 4. In GR Cas..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....rs, was not a valid order under the Act as there is nothing to show that it was passed on the authority of the Prime Minister as required under Article 55(2) of the Constitution. 14. The first and second grounds found favour with the High Court Division and the third was left undecided, the Judgm......Sheba Asram apprised the Port Authority about the illegal activities of the Islami Sramik Shangha and prayed for its removal to a safe distance for maintaining peace and religious harmony. On 15.1.92 complaint was also made to the State Minister for Port and Navigation against the Islami Sramik Shan..Category: Constitutional Law | Date: | Hits: 185
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... At the instance of RAJUK lands were acquired in two LA cases, Nos. 4 of 1986‑87 and 2 of 1987‑88 in mouza Bailjuri, PS Uttara, first for a connecting road from Uttara Model Town to Ranabhola and secondly, for extension of the Uttara Model Town itself (393.00 acres in the second case) under the ......pedient way of, what is called, "access" or "tadbir". It is particularly disturbing for the judicial conscience because it is unthinkable that it person can be permitted to come up with a petition of complaint directly to the Chief Justice when the law of the land requires him to go to a Magistrate...Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......ribute the same, the certificate given by him bonafide for the purpose of distribution, does not constitute any criminal offence. Next contention of Mr. Rokonuddin Mahmud is that nobody ever made any complaint about the distribution; nobody came before the authority saying that he did not receive an..Category: Criminal Law | Date: | Hits: 76
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....spondent, the High Court Division cannot take those materials outside of the record of the prosecution, to set aside the order of the Additional Sessions Judge in the first proceeding or to quash the second proceedings, he submits. 13. In reply Mr. Md. Fazlul Karim, learned Counsel for the respon......Jessore under sections 354 and 384 of the Penal Code instituted by the appellant against the said respondent. 2. Brief facts of the case are, that in Criminal Case No. 182(c) of 1987 a petition of complaint was filed by the appellant against the said respondent, alleging that while the respondent..Category: Criminal Law | Date: | Hits: 85
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....e made accused in the complaint petition. 5. The High Court Division took the view that the question of taking sanction at this stage does not arise as cognizance has not yet been taken. As to the second point it was held that there was no bar for investigation for the satisfaction of the court a......L of 1958), briefly, the Act. 2. Facts of the case, briefly, are that the appellant who is a former Member of Parliament and President of the District Bar Association, Dinajpur filed a petition of complaint before the learned Senior Special Judge, Dinajpur on 14-9-1995 against the Deputy Commissi..Category: Anti-Corruption Laws | Date: | Hits: 92
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....osed that even after adjustment of rent upto February, 1989 there will be some more money in the hands of the plaintiffs. He also testified that the construction of first floor is completed and the second floor is about to be finished. According to this witness in the said holding there is a sta...... landlord. Section 27 of the Ordinance provides that if a landlord willfully refuses or fails to deliver a receipt to the tenant in accordance with the provision of section 13, a tenant may file a complaint before the Rent Controller. Section 27 of the Ordinance provides for a penalty. In the pr..Category: Property Law | Date: | Hits: 56
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
.... inter alia, the requirement was, ‘Made by Sumo (England) or Equivalent’. Iqbal Hossain himself, in his letter dated 20-7-87 (bearing same Ext No.25) which was also the date of submitting tender (second), offered to supply EMU submersible pumps made in West. Germany. Along with the tender papers...... per on account bill dated 5-12-87 of Iqbal Engineering Works and all of them in collusion with each other thus misappropriated Taka 9,20,000.00. 8. The Vice-Chancellor of the University received complaint as to the quality of the pumps delivered and on receipt of that complaint the Vice-Chancel..Category: Anti-Corruption Laws | Date: | Hits: 92
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ......erred to an earlier case Abdul Quader Chowdhury vs. State 28 DLR (AD) 39 and took it to be a settled provision of law that there may be cases where allegation in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not const..Category: Criminal Law | Date: | Hits: 71
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
.... that he did not receive any consideration for the kabalas, that he executed the first kabala for fear of police. Even after the first kabala the police harassed him. So out of fear he executed the second kabala. He executed the kablas for fear of the criminal case. There is nothing specific in ......ere pledged with the bank as security for loan and the same were kept in a godown. The appellant in collusion with the bank people removed the pledged articles from the godown for which a criminal complaint was filed. Subsequent thereto the appellant and others executed certain hypothecation bon..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ...... main contention of Dr. Rafiqur Rahman, we find that the civil suit is yet maintainable in view of the fact that the proviso to section 25(1) of the Act does not provide him any scope for lodging any complaint seeking any redress thereunder, as the order of termination of employment of the plaintiff..Category: Labour and Industrial Law | Date: | Hits: 152
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ...... order of a Division Bench of the High Court Division dated 18.4.95 in Criminal Miscellaneous Case No. 1118 of 1994 making the Rule absolute 2. The complainant respondent filed a petition of complaint under sections 499/500/501/of the Penal Code on 16.4.94 before the Chief Metropolitan Ma..Category: Criminal Law | Date: | Hits: 60
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