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Displaying 261-280 of 650 results.

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

..... On consideration of the evidence on record both oral and documentary the learned Joint District Judge by his judgment and decree dated 15-11-2007 dismissed the suit on the finding that there was no breach of contract by the defendant and that the plaintiff was not willing and ready to perform his ..

Category: Property Law | Date: | Hits: 105

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

....ared by khas Mahals Surveyor and the chars comprising of 129.22 acres of cultivable land were being claimed by different persons including the government with the result that there were occasions for breach of peace. It was further stated that the Collector of Khulna therefore, attached the said cha..

Category: Property Law | Date: | Hits: 118

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....d Vs. Al-Haj Md. Ismail, reported in 16 BLD (AD) 285 = 48 DLR (AD) 90 it has been held that the unpaid utility bills cannot be construed as part of the rent rather the landlord could complain of such breach of agreement if such bills were not paid but nonpay­ment or non depositing the WASA charges ..

Category: Tenancy Law | Date: | Hits: 190

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... is offer and its acceptance backed by obligation. A full-fledged contract comes into existence. Here the Government functions in the capacity as a trader e.g. an ordinary buyer; and if there is a breach of such contract the aggrieved party can sue for damages or any other appropriate remedy, bu..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

.... for the purpose of maintaining their own control or retaining their own majority, then the Court would interfere and prevent the issue of new shares on the ground that the directors were guilty of a breach of faith towards the company of which they were the directors, But, if it was once establishe..

Category: Company Law | Date: | Hits: 225

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....r submits that the use of the work "Joutha Karbar" (joint bus­iness) in the 'Chuktipatra' as well as in the petition of complaint means the business of partnership, that there cannot be any criminal breach of trust against one partner by another partner because the very concept of partner­ship pre..

Category: Criminal Law | Date: | Hits: 362

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

.... has been disposed of. The authorities directly in point do not, however, support this view. Thus in Metzler Vs. Ground it was sought to attach the agent of an unsuccessful defendant to an action for breach of contract following the publication of comment supporting the defendants case. The applicat..

Category: Criminal Law | Date: | Hits: 131

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

.... has submitted that the learned Assistant Sessions Judge has not discussed the evidence on record and the learned Magistrate also did not express any opin­ion about the continuity of apprehension of breach of peace in the final order. 83. Since we have found that the learned As­sistant Sessions..

Category: Criminal Law | Date: | Hits: 158

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

.... that the plaintiff is guilty of suppression of facts and taking resort to false pleas though the mutual trust and good faith is the foundation of the policy and, as such, the plaintiff is liable for breach of the terms of the policy, that the plaintiff has forfeited his right to seek benefit under ..

Category: Business or Commercial Law | Date: | Hits: 522

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

.... Ext. W series was not filed in due time. Rule 4 of Order 6 of the Civil Pro­cedure Code provides as follows:- "4. In all cases in which the party pleading relics on any misrepresentation, fraud, breach of trust, willful default, or undue influence, and in all other cases in which particulars ma..

Category: Business or Commercial Law | Date: | Hits: 349

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....r Special Tribunal Judge took cognizance of the offence under section 25B(a) and section 25B of the Special Powers Act. Section 25B (a) reads as follows: 25B. Penalty for smuggling.- Whoever in breach of any prohibition or restriction imposed by or under any law for the time being in force, or..

Category: Others | Date: | Hits: 159

Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)

.... roof so that the rain water from the roof would fall on his own land and not on plaintiffs land and thereafter, vacated the status quo order. 8. This matter, it appears, does not arise out of any breach of a contract but out of an alleged tort and breach of a statutory duty. Under section 54 of ..

Category: Civil Law | Date: | Hits: 178

Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)

....ners. 15. The filing of BLL (Criminal) case No.368 of 2010 under sections 307 and 310 of Bangladesh Labour Law, 2006 is a misconception of law. Section 307 prescribed the quantum of punishment for breach of the provision of Bangladesh Labour Law where no punishment is prescribed by any other pro..

Category: Labour and Industrial Law | Date: | Hits: 145

KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)

....dertaking of the issuing bank, which it must honour and pay according to the terms and conditions of the credit. It is not concerned in the least with any dispute between the seller and buyer for any breach of the contract under­lying the letter of credit. It is however, obliged to refuse payment w..

Category: Civil Law | Date: | Hits: 212

Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)

....t. It reads as follows: “Perpetual injunction when granted: Subject to the other provisions contained in, or referred to by, this Chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication.”..

Category: Property Law | Date: | Hits: 103

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

.... Order (PO 128 of 1972) particularly the provision relating to remedy provided against the loanee, the legislature enacted the special law providing speedy remedy against the non‑payment of dues or breach of any obligation and the provision of the special law will prevail over the provision of the..

Category: Company Law | Date: | Hits: 317

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....re is offer and its acceptance, backed by obligation. A full‑fledged contract comes into existence. Here the Government functions in the capacity as a tenderer e.g. an ordinary buyer, if there Is a breach of such contract the aggrieved party can sue for damages or any other appropriate remedy. But..

Category: Property Law | Date: | Hits: 133

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....datory injunction as aforesaid in view of the legal bar in clause (e) of section 56 of the Specific Relief Act which runs as follows: 56. Injunction cannot be granted.- ………(e) to prevent the breach of a contract, the performance of which could not be specifically enforced…………” ..

Category: Employment/Service Law | Date: | Hits: 175

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....s 33, 34 and 35 of the said order. The loan is advanced on certain terms and conditions and loanee is under contractual obligation to repay the loan with interest in terms of the loan. In case of the breach of the obligation to repay the loan the Bank may take recourse to the said arti­cles 33, 34 ..

Category: Criminal Law | Date: | Hits: 108

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....ritten statement the insurers impliedly indicated that the cause of fire may not be ac­cidental. When they have reserved their right to repudiate their liability in to on the grounds, inter alia, of breach of warranties or conditions contained in the relevant insurance policies, it will work injus..

Category: Business or Commercial Law | Date: | Hits: 290