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Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......hy the Impugned Notice passed by the Respondent No.3 vide Memo No. দুদক/সজেকা/ঢাকা-২/১০৯৭ dated 30-9-2009 directingthe petitioner to submit statements against, the complaint made against him of being owner of a wealth of hundreds of crore of Taka in the office of ..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....ressively and on the basis of equal opportunity, they shall, in particular. (a) Make primary education compulsory and available free to all; (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible ......Labour. (4) The following shall be the powers and functions of the Directors of Labour- (a) to register trade unions under Chapter XIII and maintain a register for this purpose; (b) to lodge complaints with the Labour Courts for action against any offence or any unfair labour practice or vi..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......ant and in order to conceal that fact the victim had been hidden in some unknown place. This information clearly discloses the ingredients of a cognizable offence. As alleged by the petitioner in her complaint lodged before the Nari-o-Shishu Nirjatan Daman Tribunal on 18-2-2010, the OC of Motijheel ..Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......iling of this application under 561A of the Code shortly are that, Islami Bank Bangladesh Ltd., Agrabad Branch, represented by its Principal Officer Abdul Wadud, as the payee, has filed a petition of complaint, against one Ferdous Khan alias Alamgir under section 138 of the Negotiable Instruments Ac..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ...... 2. The short facts leading to filing of this application under section 561A of the Code are that, one Abdul Jalil Bepari, the complainant-opposite party No.1 in this matter, filed a petition of complaint before the Court of Chief Judicial Magistrate, Sylhet, against the accused-petitioner alle..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......yee' it ceases to be negotiable, but it does not cease to be a negotiable instrument. In other words, an account payee cheque retains its Character, as negotiable instrument and filing of petition of complaint, so far as an account payee cheuqe is concerned, is not barred by Negotiable Instrument Ac..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......tution and continuation of the impugned proceeding by a wrong person not tenable in law and, as such, the impugned proceeding is liable to be quashed. 7. That the complainant filed a petition of complaint by person but the accused-petitioner gave the cheque to the "Messrs Hossain Traders" and t..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......ing in the Court of the learned Assistant Sessions Judge, Tangail should not be quashed. 2. One Anisuzzaman Ansari (Biplob), Managing Director of Messer's Bangladesh Builders filed a petition of complaint before the learned Magistrate, 1st Class, Tangail on 29.11.2006 regarding an alleged occur..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ced the same before the State Minister, Md. Rafiqul Islam on 2-7-1998 for his permission. But ignoring the reasoned opinion of the Secretary he took steps to re-tender for the Project. 4. In the second tender CWHEC became the lowest bidder, whose offer of bid was Taka 141,65,30,296 and it was d......use of the process of the Court; (3) Where there is a legal bar against the initiation or continuation of the proceeding; 4) In a case where the allegations in the FIR or the petition of complaint, even if taken at their face value and accepted in their entirety, do not constitute the ..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....s framed, the petitioner alleged that the learned Court below acted without lawful authority by framing charge, notwithstanding the Petitioner’s absence from the Court at the relevant time. The second leg of attack was erected on the claim that neither the FIR, nor does the charge sheet, discl......59. That theory was followed in the countries of the sub-continent unabated. So, in a plentitude of cases, including those one catalogued below, the Indian superior Courts held that an FIR or a complaint petition can be quashed at a very early stage, at the threshold, if no offence is disclose..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....tres round the question of maintainability of this writ petition: is writ jurisdiction available in an essentially criminal matter: is it available when alternative statutory remedy is available? The second question is whether the Chair of the Commission acted beyond jurisdiction in issuing the dire......e. 43. That theory was followed in the countries of the sub-continent unabated. So, in a plentitude of cases, including the one catalogued below, the Indian superior Courts held that an FIR or a complaint petition can be quashed at a very early stage, at the threshold if no offence is disclosed..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....tres round the question of maintainability of this writ petition: is writ jurisdiction available in an essentially criminal matter: is it available when alternative statutory remedy is available? The second question is whether the Chair of the Commission acted beyond jurisdiction in issuing the dire......e. 51. That theory is being followed in the countries of the sub-continent unabated. So, in a plentitude of cases, including those indexed below, the Indian superior courts held that an FIR or a complaint petition can be quashed at a very early stage, at the threshold if no offence is disclosed..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ...... 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 200 Naraji petition A naraji petition is treated as a fresh complaint. Taking cognizance of offence on the basis of naraji petition without examining the comp..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......41 of the Negotiable Instruments Act with a non-obstante clause makes it clear that the provisions of the Code of Criminal Procedure shall not be applicable in the case of filing of the petition of complaint and taking of cognizance of the offence punishable under section 138 of the Act………..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......্পন্ন করিতে হইবে।” 18. From the recital of Rule 12 of the Special Power Rules, 2007, as referred to above, it is apparent that for the purpose of lodging complaint, furnishing first information, inquiry into all other pre-trial proceedings, trial and app..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......e following morning she went back to her house and disclosed the incident to her brother and others and a village salish was held in which the accused persons did not appear and hence the petition of complaint was filed which was sent to the local police station to treat it as first information repo..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......ection 138 of the Negotiable Instruments Act, 1881 now pending before the court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. The case started upon a petition of complaint on the facts, shortly as follows: The petitioner started business on behalf of his fi..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... Quashment of criminal proceeding involving civil matter A criminal proceeding can be quashed if the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal offence. A criminal proceeding can be quashed even at init..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....post-facto approval to the act of an officer during the given period does not ratify the illegality committed by the Secretary in issuing the notice under section 26 (1) of the said Act. 21. The second argument advanced by Mr. Karim was that section 18(2) of the said Act as amended authorised t......the relevant position of the evidences given by the prosecution witnesses. In his submission he asserted that the Anti-Corruption Commission backed by Army just to victimise the appellant without any complaint from any quarter issued the notice under section 26 (1) of the said Act. He in support of ..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ...... May 26, 2009. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) For non mentioning of receiving date of the legal notice in the petition of complaint, the case will not be rendered illegal when all other ingredients in filling the case is..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
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