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Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....roperty. (Ram Das Vs. State of UP AIR 1974 SC 1811)………………………(15) The Penal Code, 1860 (Act No. XLV of 1860); section 405 First Information Report and the offence of criminal breach of trust To constitute an offence of criminal breach of trust, the First Information Repor..Category: Criminal Law | Date: | Hits: 92
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....ic execution of such obligation against the other party. It is not sufficient that a valid and binding agreement exists and that an action of law for damages w ill lie in favour of either party for a breach of other, the peculiarly distinctive feature of the equitable doctrine is, that the remedial ..Category: Civil Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....Education, Jessore) Terms and Conditions of Service Regulations, 1979 (hereinafter referred to as "Regulation") defines "punishment” which runs thus:- "11. Punishment: A teacher who commits a breach of the provisions of these regulations or who is guilty of negligence of duty, inefficiency o..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....ited number of decisions, which we shall consider very shortly. 19. Mr. Subrata Chowdhury, learned advocate however submitted that the petitioner had the domain over the vehicle and by transfer in breach of the privilege he committed the offence under section 409 of the Penal Code and there could..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... made to the end buyers in Bangladesh for non-delivery of the trucks on time due to the delay in arrival of the vessel Taka 1,00,00,000 G) Compensation claim on BSC for breach of contract Taka 60,00,000 H) C&F value of 27 units of Tru..Category: Limitation Law | Date: | Hits: 174
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....ts have been convicted under Section 25B (2) of the Special Powers Act, 1974. 25. Section 25B of the Special Powers Act, 1974 runs as follows:- [25B-Penalty for smuggling - [(1)] Whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or..Category: Criminal Law | Date: | Hits: 84
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....law we find specially Article 27 of PO No.VII of 1973 is relevant for our purpose. The relevant clauses of Article 27 of PO No.VII of 1973 may profitably be quoted: "27. (1) Where by reason of the breach of any agreement by the borrower the corporation becomes entitled to require the immediate pa..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....ection 420 of the Code of Criminal Proceeding against the accused petitioners. 7. Mr. MA Aziz Khan appearing on behalf of the accused petitioners submitted that there is no ingredients of Criminal breach or cheating and dishonestly inducing delivery of property as alleged by the complaint in his ..Category: Criminal Law | Date: | Hits: 102
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....which was given for the purpose. The accused persons ultimately denied whole transaction and refused to pay back the money and thereby misappropriated the same and committed cheating and criminal breach of trust. 4. The learned Magistrate, after examining the complainant under section 200 o..Category: Procedural Law | Date: | Hits: 108
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....d in the following: "Speaking generally, it is the right of the employer to discharge his employee, and that of the employee to quit his employer's service, subject to the right to pay damages for breach of contract. Courts cannot compel a person, against his will, to employ or serve another, not..Category: Civil Law | Date: | Hits: 144
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
.... submits that the learned Magistrate has after consideration of the evidence come to the conclusion that the second party was in possession of the proceeding shop house and there was no likelihood of breach of peace and thereafter has ordered to drop the proceeding and has passed consequential ord..Category: Procedural Law | Date: | Hits: 116
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....a. mandatory provision as to interpretation of law disregard of which would nullify all action taken under the laid section. 9. Under section 32 of the Waqf Ordinance a Mutwalli may be removed for breach of trust, mismanagement, malfeasance or misappropriation. He can also be removed for any ac..Category: Trust/Waqf Law | Date: | Hits: 134
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....pectors have no background, training or experience in compliance with the issues set out in Part 7 of the Code. This is confirmed by the fact that there has never been a case initiated by RAJUK for breach of any provisions set out in Part 7 of the Code. 13. Being aggrieved by the failure of the..Category: Labour and Industrial Law | Date: | Hits: 163
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....2-5, to appoint the complainant-opposite-party No.2 and some witnesses Directors by rotation, while some of the witnesses were supposed to be Directors on rotation in the instant year (2008) but by breaching the terms of the MoU. Md. Nazrul Islam, cleverly did not hold election of Directors in the..Category: Criminal Law | Date: | Hits: 100
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....port certifying the damage of the plaintiff's cargo. It appears to the plaintiff that due to gross negligence and misconduct of the Master and crew Members of the vessels of the defendants as well as breach of contract the plaintiff has suffered huge financial loss and damage, since the Container wa..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....First Information Report we also find no allegation of initial deception 011 the part of the accused petitioner or entrustment of any property, ingredients of the offence of cheating and criminal breach of trust having not disclosed in the first information report. The allegations made in the fi..Category: Criminal Law | Date: | Hits: 104
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ports the Rule. He submits that the petitioner was the Manager of IFIC Bank, Tultikar branch. Co-accused Farid uddin was the cashier of the same bank. They allegedly committed offence of criminal breach of trust punishable under section 409 of the Penal Code, which is specified in the schedule o..Category: Criminal Law | Date: | Hits: 85
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....ion in certain cases. 24. Section 6(i) of the Specific Relief Art provides that when equally, efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust; injunction should not be granted in that case. Section 56 (1) of the Specific ..Category: Civil Law | Date: | Hits: 115
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
.... a mandatory provision as to interpretation of law disregard of which would nullify all action taken under the laid section. 9. Under section 32 of the Waqf Ordinance a Mutwalli may be removed for breach of trust, mismanagement, malfeasance or misappropriation. He can also be removed for any ac..Category: Trust/Waqf Law | Date: | Hits: 124
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ner and it is retained by the respondent as such an agent of the petitioner until satisfactorily accounted for to the petitioner. The Respondent No.1 accordingly sold tickets of the petitioner but in breach of the said agreement failed to account for and remit to the petitioner the monies received f..Category: Company Law | Date: | Hits: 145