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Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......etary of the Ministry of Local Government cancelled the previous order dated January 28, 1993 and directed that the Union Parishad Office-cum-Community Centre be constructed on plot No. 2189. On a complaint that order was stayed by the Secretary of the Ministry and a telex was sent to the Deputy..Category: Property Law | Date: | Hits: 71
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....rned Sessions Judge was wrong in holding that since he obtained the charge of the Sessions Division with effect from January 23, 1991, fresh limitation will run from January 23, 1991. 17. But the second question on which leave has been granted makes the first question very much an infructuous on......y corresponding right of revival of the proceeding under the repealed provision of section 339D. The accused appellant will be scot free and no proceeding can be continued against him without a fresh complaint or FIR. It is therefore to be borne in mind that under the unamended provision of sub-sect..Category: Criminal Law | Date: | Hits: 75
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......cer Mujibar Rahman; an Assistant Inspector attached to District Anti-corruption Branch, Dacca, who advised him to corne to that office on a subsequent date. On 28.2.64, Omar Al submitted a written complaint to the said Assistant Anti-corruption Inspector Mujibar Rahman with regard to the occurre..Category: Criminal Law | Date: | Hits: 68
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......e locality and saw the kalai land of the accused Safar Ali to the north west of PO at a distance of 150 cubits and also saw the kalai crops of the said land in a damaged condition. The petition of complaint was filed 7 days after the occurrence and it was then forwarded to the Police Station for..Category: Criminal Law | Date: | Hits: 69
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....e was entitled to exercise his jurisdiction under section 437 CrPC and it did not matter if the charges framed by the learned Magistrate were charges under sections 143 and 326 PPC. As regards the second contention of Mr. Md. Jamiruddin Sircar it is argued by Mr. ATM Afzal that when the learned ......g to decide that the case is one which he should not try himself but should commit to the Court of Session. In the case of Lakshminarayana and others vs. Suryanarayan AIR 1932 Madras 502, a private complaint which was a counter case to a murder case was taken up as a warrant case under sections ..Category: Criminal Law | Date: | Hits: 82
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......the house of Anser Ali Molla (PW 2), Ansar All Moholdar (PW 3) Abdul Hamid Gazi (PW 8) and Abu Bakar (PW 9) and spent some nights in the houses of these persons with Sharifunnessa. Thereafter, the complaint petition, Ext. 1(1), was filed on 7.6.66 in the court of the Sub-Divisional Magistrate. T..Category: Criminal Law | Date: | Hits: 59
Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......away paddy from the disputed land by boat. The paddy was grown by PW 1 Abdul Aziz. PW 3 Tajambar Biswas, PW 4 Kanchan, PW 6 Hatem Ali and PW 7 Abdus Salam saw the occurrence; PW 1 Abdul Aziz filed complaint before the Magistrate on 7.9.66, i.e., four days after the occurrence. 3. The cas..Category: Criminal Law | Date: | Hits: 82
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ain J.- This appeal is by the plaintiff who instituted a suit for declaration of title and for recovery of khash possession. The case of the plaintiff is that his mother Kula Kamini who has been made second party defendant in the suit, was the owner of the lands recorded in TS No. 48, Mouza Rasulpur......1 and had been in possession of the same by growing Aush and Aman paddy. That there was a theft in the house of the plaintiff in the month of Chaitra and there was a rumour that the plaintiff filed a complaint against the defendants and so they theatened to kill him and dispossess him from the suit-..Category: Property Law | Date: | Hits: 82
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... comply with the requirements under that section and the case has to be filed within specified time. But subsequent allegations will not save limitation because the requirements under law is that the complaint has to be filed within one month of the date on which cause of action arises under clause ..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ...... Assistant, fresh warrant was issued and again Khijiruddin was arrested and then the recall order was shown and in this way the forgery of the accused was detected. The learned Magistrate then made a complaint before the learned Special Judge. A preliminary inquiry was held by an Officer of District..Category: Anti-Corruption Laws | Date: | Hits: 73
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......l Procedure, 1898 (V of 1898), Section 561A When the Civil Court is in seisin of the matter it could very well investigate into the same with regard to its own order but it cannot direct the complaint to file the petition of complaint before the criminal court. The order of filing a petit..Category: Criminal Law | Date: | Hits: 69
Shajib (md) and others Vs. Md. Abdul Khaleque Akand and another, 1999, 28 CLC (AD)
....he impugned judgment of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 119. ......f Criminal Procedure, 1898 (V of 1898) Section 247 The High Court Division committed no illegality in setting aside order of acquittal of the accused persons for non-appearance of the complaint on the date of securing attendance of the accused persons for whose arrest warrant was is..Category: Criminal Law | Date: | Hits: 61
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......dequate, 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: Fiscal/Taxation Law | Date: | Hits: 94
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......y authority on condition of his improvement of result within 3 years and the said period was further extended for 5 years upto 22-6-1997. He along with other teachers of the college made a written complaint against the appellant who is the Principal of that college about his illegal activities ..Category: Others | Date: | Hits: 84
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....্যক্রম সন্তোষজনক প্রতীয়মান হয় নাই বিধায়”। 14. Evidently the Government wanted to take action against the respondent on the second ground as in section 14(1) i.e. his conductor performance as a licensee has been unsatisfacto...... Bangladesh Embassy in Saudi Arabia having held inquiry reported to the Secretary of the Ministry of Labour and Manpower on 16-10-93 stating that the alleged problem had been settled and there was no complaint in respect of the recruiting agent concerned about the said 223 recruits for M/s Al-Nun Es..Category: Constitutional Law | Date: | Hits: 192
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ......w, the conviction of the present petitioners was illegal. The doctor who examined the girl was not brought as a witness. The victim girl did not mention about ‘kupi’ in her petition of complaint and, as such, the alleged recognition of the petitioners ought to have been disbelieved. ..Category: Criminal Law | Date: | Hits: 53
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......1 (5) 84 pending in the court of Chief Metropolitan Magistrate, Chittagong. 2. The short facts relevant for disposal of this appeal are that, respondent No. 2 Jafar Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate, Chittagong alleging that he purchased the case ..Category: Criminal Law | Date: | Hits: 72
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....n two grounds, namely, that the Government lacks any power to hold the sitting of a particular criminal case at a particular place forsaking the usual place of sitting of the court of Sessions and, secondly, a Court of Sessions cannot have two sitting places at the same time. The writ petition wa......s raised by the accused-petitioner the High Court Division has disposed of the application summarily relying upon the case of Kehar Singh and others vs. State, AIR 1988 (SC) 1838. 4. As the complaint is well-founded and the Judgment of the High Court Division is bereft of any reason of it..Category: Constitutional Law | Date: | Hits: 179
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......tion for Leave to Appeal No. 166 of 1996. (From the Judgment and order dated 13-8-96 passed by the High Court Division in Criminal Misc. No. 3888 of 1996). Judgment Mustafa Kamal J.- On a complaint petition dated 2-7-94 under sections 406/420/34 of the Code lodged by respondent No. 2 Com..Category: Criminal Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......eunder to suffer rigorous imprisonment for one year. 2. Relevant facts for the purpose of the disposal of the appeal briefly be narrated as hereunder: Respondent No. 2 filed a petition of complaint before the Thana Magistrate, Tarali, alleging, inter alia, that on the 1st of Bhadra 1395 ..Category: Criminal Law | Date: | Hits: 78
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