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Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....e for the alleged offence of cheating, if it is proved that he had initial deception to misappropriate the money. But the allegation does not embrace others so far the offence of cheating or criminal breach of trust is concerned. However, the submissions of the learned Advocates are made on the misc..Category: Criminal Law | Date: | Hits: 62
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....ledge) goods are in the possession of the bank, as per provision of section 148 read with section 172 of the contract Act, 1872, licence question of entrustment of the fertilizer to the petitioner or breach of trust in consequence thereof, does not arise. As such, we do not find any ingredient of se..Category: Criminal Law | Date: | Hits: 97
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....d proceeding on various grounds. Firstly, he submits that the allegations embodied in the first information report, even taken as it is do not constitute any offence either of cheating or of criminal breach of trust. Secondly, he submits that since in the first information repot there is no definite..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....ion Act, 1947 and he was sentenced there under in different terms. 31. There are three ingredients of section 409: "i. public servant, ii. entrustment with the property, iii. committing a criminal breach of trust in respect of the property entrusted. No doubt the appellant was a public servant an..Category: Criminal Law | Date: | Hits: 76
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....a sum of Taka 9,96,600.00 and a further sum of Taka 75,500.00 as incidental cost. And the Admiralty Court held "As the instant suit is not for damages done to the goods or any part thereof or for any breach of the contract on the part of the owner, master or crew of the ship the present case does no..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....mendments a significant step has been taken in makingunambiguously clear to the armed forces that if they ever crossthe line again and embrace armed dictatorship, they will facegrave consequences for breaching the Constitution and the“rule of law”. 54. The challenge before the Supreme Court i..Category: Criminal Law | Date: | Hits: 154
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ledge at that date must be proved. Accordingly, if at all a plaintiff can establish such knowledge after payment, then he has failed to establish his course of action. The bank would not have been in breach of any duty in making the payment without the requisite knowledge. We doubt that this really ..Category: Business or Commercial Law | Date: | Hits: 365
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....uit in the court of Artha Rin Adalat, Pabna being Money Suit No.92 of 1997 against the accused No.1 and accused No.2 and that the accused No.1 and accused No.2 along with accused petitioner committed breach of trust with the bank and misappropriated Taka 1,78,422.00 only and thus committed offence u..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....due to the plaintiffs has been repaid by the Siemens directly to the bank by depositing the cheques to the plaintiffs account maintained with the bank but at this stage it appears that the Siemens in breach of their undertaking, are illegally withholding a substantial amount of money which fell in t..Category: Civil Law | Date: | Hits: 87
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....on approval of the Ministry of Commerce, allotted the subject land to BGMEA to enable it to construct its building. 33. BGMEA went on to say that RAJUK never issued any notice upon it alleging any breach of any provision of the Building Construction Act 1952 (henceforth the Act) or requiring BGME..Category: Constitutional Law | Date: | Hits: 642
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....ut the accused petitioner No. 3 after talking to the accused Nos. 1 and 2 refused to pay the said money disclosing that he would not get the money as claimed and thereby the accused persons committed breach of trust by misappropriating the same. 4. On receiving the petition of complaint, the lea..Category: Employment/Service Law | Date: | Hits: 238
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....eady been settled by our Apex Court that the legal implication is that the issuing date of notice must not exceed 15 (Fifteen) days and notice can very well be given 7(Seven) days time and since no breach of the provision of law is manifestly initiated notice the question of quashing the proceedin..Category: Civil Law | Date: | Hits: 217
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....ivating the same. But suddenly, the opposite party started preparing themselves to harvest the crops grown by the petitioner by using force and casued a reasonable belief of a serious apprehension of breach of peace and hence the application for drawing up proceeding under section 145 Cr.P.C. The le..Category: Criminal Law | Date: | Hits: 88
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
.... dishonouring of two cheques committed cheating while in fact that did not constitute cheating or any Criminal offence but at the most the allegation even if it is taken to be true constituted only a breach of contract in course of business transaction and criminal prosecution did not lie at all. ..Category: Criminal Law | Date: | Hits: 67
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....plaint it is stated that the complainant-opposite party No.2 issued notice demanding payment of the amount of the money stated in the cheque within 7 (seven) days. By issuing such notice there was no breach of the Provision of as contained in Provision (b) to section 138 of the Negotiable Instrument..Category: Criminal Law | Date: | Hits: 103
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....r relevant issues, the Magistrate can pass an order of attachment as per second proviso to section 145(4) of the Code, if he considers the case is one of emergency, to prevent occurrence of immediate breach of peace. An interim order of attachment under the second proviso of section 145(4) of the Co..Category: Criminal Law | Date: | Hits: 105
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ent of Shipping in withdrawing the notice of cancellation of the NOC thus allowing the vessel to be dismantled, bearing in mind that the Chief Chemist had himself observed that the NOC was void for breach of condition No.8 of the NOC. 33. We must also note that while perusing the records of the..Category: Environmental Law | Date: | Hits: 688
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....trued in accordance with the laws of Singapore. All dispute controversies or differences which may arise between the parties, out of or in relation to or in connection with the Contract, or for the breach thereof, shall be finally settled by arbitration in Singapore in accordance with Commercial A..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....lder from bringing an action to pursue wrongs which has been done to the company. Secondly, where there are irregularities in the way the company is run, and also in many cases where Directors are in breach of their duties, the majority shareholder in general meetings may, by ordinary resolution, ra..Category: Company Law | Date: | Hits: 129
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....idence adduced by the prosecution. 29. On perusal of the record, it appears that the accused Mohiuddin was convicted under section 19A and 19(f) of the Arms Act, 1878 which runs thus: 19A—For breaches of sections 6, 13, 14 notwithstanding anything contained in section 19, whoever commits an ..Category: Criminal Law | Date: | Hits: 92