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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed.  This Case is also Reported in: 68 DLR (HCD) (2015) 228   ...... his lawyer to the accused to pay Taka 3,00,000 within next 30 days, which was received by the accused on 15-9-2009, but the accused did not pay the money due under the said cheque and he has filed a complaint petition before the Metropolitan Magistrate, Chittagong, on 1-11-2009. The CMM, Chittagong..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)

....ispose of the same in accordance with law expeditiously keeping in view the observations made here­inbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......ons of article 49 or article 50 or article 51 have not been complied with or the petition­er fails to make the further deposit required under clause (4) of article 57, but in the instant case, no complaint was made by the respondent that the election petitions were filed without complying with t..

Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30

Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)

....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......vision found that summons of the suit was not served upon defendant No. 3, but defendant No. 3 who was respondent No. 3 in the appeal appeared through his lawyer, Mr Md Asadullah and did not make any complaint or grievance about non-serv­ice of summons of the suit upon him. Rather his learned Ad..

Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12

Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)

....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185.   ......d his case as he had described in the written FIR (exhibit-1) Prosecutrix Malati Rani deposed as P.W. 2 describ­ing her case. She added that before filing of the FIR she had brought a petition of complaint before the tribunal that was sent down to the Police Station. She admitted to have earlier..

Category: Women and Children | Date: 5 May, 2015 | Hits: 3

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ......ings referred to in rules 28 to 32 in respect of any district, part of a district or local area shall be cancelled and to take up the proceeding afresh from such stage as he may direct. Pursuant to a complaint or on receipt of an official report the Revenue Officer with the additional Designation of..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......-00 PM, some per­sons introducing themselves as personnel of law enforcing agencies picked up her husband and since then her husband has been out of trace. The petitioner did not make any written complaint to that effect. On the basis of oral information, the Officer-in-Charge made a General Dia..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....hocked the collective conscience of India “, and that “Courts can not turn a blind eye to such crimes”. Although Indian Parliament by enacting their Cr. P.C. put death sentence second in the ranking in murder cases, i.e. next to life imprisonment, they have nevertheless, retai......iage of justice. OUR ANALYSES 28. Let us now examine the petitioner’s plea and his learned Senior counsel’s contention in the backdrop of what we have stated above. 29. The complaint that P.Ws. 11, 12 and 13 were inducted as witnesses long afterwards, is not a new one. Thi..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....r of stay granted earlier by this i  Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354   ......rred to as Act) against the peti­tioner alleging an offence that happened in the complainant's office (Sonali Bank) when the cheque was dishonoured. According to the con­tents of the said complaint, the petitioner issued a cheque of Pubali Bank, Khatungonj Branch being No. 9724939 dated ..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ......e intention and thereafter the petitioner deposited the licensed gun to the local Police Station on 17-6-2001. The petitioner did never misuse the terms and conditions of the licence and there was no complaint against the petitioner from any quar­ter in that regard and he was not a charge-sheete..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Shamvunath Karmaker and another Vs. State and another, 2015, 44 CLC (HCD)

....by recalled and vacated. The office is directed to communicate the judgment and order to the persons concerned immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 320 ......্মচারীদের ক্ষেত্রে কমিশন বরাবরে প্রেরণ করিবে”। 18. The above provision of law clearly men­tions that any complaint or information or FIR can be lodged with the concerned Police Station on condition that th..

Category: Anti-Corruption Laws, Procedural Law | Date: 10 Feb, 2015 | Hits: 4

Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ...... as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in short, is that the present opposite party No. 2 Md. Abdul Karim as complainant filed a petition of complaint under section 138 of the NI Act against the present convict petitioner in the Court of Chi..

Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9

Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)

....section 9(2) of the Act, 1974 shows that in order to retire a public ser­vant compulsorily, first condition is that a pub­lic servant must have completed twenty five years of his service; the second condition is that the Government must consider it necessary to retire a public servant compul......n omitted. But mere omission of that line would not disentitle the respective writ-peti­tioner to get the service benefit to which he is entitled to. And none of the writ-petitioners has made any complaint that he was not given his service benefit as a retired public servant. So, when the  ..

Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20

Bangladesh Bridge Authority (Ex-Jamuna Multipurpose Bridge Authority), Setu Bhaban, Air Port Road, Banani, Dhaka-1212 Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....়পাল) allowed depreciation @ 2% for the assessment year 2006-2007. 17. The learned Advocate Mr. Abdus Salam Mamun while drawn the attention of this court to the letter issued by the second secretary, National Board of Revenue dated 19.9.2010 informing the decision of the Minister f...... and 2004-2005 and demanded tax at an amount of Tk. 114, 52, 77,029.00. 6. Being aggrieved with and highly dissatisfied by the said order of assessment, the Assessee-applicant authority lodged a complaint before the Tax Ombudsmen (কর ন্যায়পাল) on 26.5.2009, being Complain..

Category: Fiscal/Taxation Law | Date: 23 Oct, 2014 | Hits: 1

Government of Bangladesh, represented by the Secretary, Ministry of Land and others Vs. Sharifun Nessa and others, 2014, 43 CLC (AD)

....choice to withdraw any property from acquisition conferred by section 8B of the Emergency Requisition of Property Act, 1949 must be exer­cised before payment of compensation and not after it. The second limitation is that such order of withdrawal must be done by a notification pub­lished in ...... taking further action as per law. Information giving necessary particulars like Dag, Mouza and Holding numbers, name of requiring bodies etc. of such land and prop­erties may be furnished to the complaint box kept at the Dhaka Collectorate Building (Room No.3) immediately. (The Bangladesh Obser..

Category: Property Law | Date: 9 Sep, 2014 | Hits: 21

Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)

.... Let the lower Court's record along with a copy of this judgment be sent down to the con­cerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ......the Code of Criminal Procedure for the purpose of quashing a proceed­ing, one of the following conditions must be fulfilled: (1) 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 ..

Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114   ......e had met with the accused, the accused informed him that for vari­ous reasons he is to pay more Taka 2,000 for the work. 3. Under the above circumstances Abdus Salam Khokon making a written complaint nar­rating the above facts to the District Officer, DUDAC, Narayanganj wanted to nab t..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)

..... 6. A Rule was issued in both the Revisions about sustainability of the judgment and decree passed by the appellate court. 7. By the Rule issuing order dated 16-10-2011, passed in the said second Revision, opera­tion of the impugned Judgment and decree was stayed for 6(six) months, su......trial, plaintiff produced evidence through four witnesses and the registered kabinnama (Exhibit-1). The defendant produced evi­dence through three witnesses and produced the certified copy of the complaint of Nari-o-Shishu Nirjatan Domon Tribunal Case No. 516 of 2007 (Exhibit- A) instituted by t..

Category: Women and Children | Date: 19 May, 2014 | Hits: 29

Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)

.... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the con­cerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ......…….Opposite-Party Judgment May 8, 2014.        Result: The Rule is made absolute. Section 27 transpires that a person who has complaint under the provision of the Nari-o-Shishu Nirjatan Daman Ain, 2000 must go the local police..

Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5

State Vs. Shajahan Bepari and others, 2014, 43 CLC (HCD)

....e is directed to dis­pose of the case within six months from date. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 140 ......ing right of revival of the proceeding under the repealed provision of section 339D of the Code. The accused appellant will be scot free and no proceeding can be continued against him without a fresh complaint or First Information Report. It is therefore to be borne in mind that under the unamended ..

Category: Criminal Law, Procedural Law | Date: 3 Apr, 2014 | Hits: 3

SM Deen Islam Vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)

....issue a fresh order in strict compliance of law, if so desires. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 34.     ......no complain whatsoever had ever been raised against him dur­ing this period. 5. On 8-2-2012 one Abdul Alim Molla, Member, Ward Nos.6 and 5, Borodal Union Parishad, Ashashuni, Sathkira made a complaint to the respondent No.1bringing allegations of cor­ruption and misappropriation of publ..

Category: Administrative Law, Constitutional Law | Date: 4 Mar, 2014 | Hits: 5