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Displaying 301-320 of 650 results.

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

.... the Privy Council, the con­viction was set aside with the observation that it is not every act of discourtesy to the Court by the counsel that amounts to con­tempt, nor is conduct which involves a breach by counsel of his duty to his client necessarily in this category. Their Lordships while em­..

Category: Criminal Law | Date: | Hits: 116

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

....­rogation after the word "business partner". However, the allegation was that the accused No.1 in collusion with the accused petitioner has misappropriated the aforesaid amount and committed criminal breach of trust and further prejudiced the economic and financial interest of the State "since the J..

Category: Criminal Law | Date: | Hits: 95

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....nd the petitioner being a member of Comilla Rifle Club which is a member/affiliated Club of Bangladesh Rifle Shooting Federation, has an interest to see that nothing is done by the respondent no.1 in breach of the law of the land or in violation of any provision in the any agreement, prejudicing the..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....ecretary of State for Home Department (2003 1 WLR 2724), where the Court of Appeal came out against granting legitimacy to an expectation as that would have required the authority concerned to act in breach of a statutory duty. 37. Ultra vires Expectation The question whether ultra vires expec..

Category: Civil Law | Date: | Hits: 218

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....e 142(1A) clearly says that for amendment of the Preamble or Articles 8, 48 or 56 of the Constitution a referendum is required. Neither the long title nor the amendment itself shows that there is any breach of the provision of article 142 as a whole. Previously, Article 142(1A) contained that in the..

Category: Constitutional Law | Date: | Hits: 215

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

.... 34. Now coming to the sentence as has been submitted by the learned Counsel for the condemned-prisoner, let us consider relevant provision of section 19 which reads as under- “19. Penalty for breach of provision of section 9.- (1) If any person violates any provision of section 9 relating..

Category: Criminal Law | Date: | Hits: 164

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

....81) Judgment Shahabnddin Ahmed J.- The question in­volved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failure to produce the property when called for, in addition to o..

Category: Criminal Law | Date: | Hits: 111

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....Petitioner. In his concluding submission, Mr. Haque put it on board that as many as 3 FIRs were filed relying on one in single event, which is not permissible by Article 35 of our Constitution, as it breaches the doctrine against double jeopardy. 18. Mr. A.K.M. Fazlul Haque, appearing for the Com..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....Normand were "that neither a Minister nor any subordinate Officer of the Crown can by any conduct or representation bar the Crown from enforcing a Statutory pro­hibition or from 'prosecuting for its breach". 43. Mr. T.H. Khan, Counsel for respon­dent, referred to the cases of, Wells and others ..

Category: Others | Date: | Hits: 154

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....lleging that he was the owner in possession of the case land (as described in the petition of complaint). As the second party was trying to dispossess him from the case land there was apprehension of breach of peace. It was further stated the first party obtained loan from Public Bank Ltd, Tetibazar..

Category: Criminal Law | Date: | Hits: 122

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....stently followed the aforesaid principle of law since the case of Zakir Ahmed Vs. The University of Dacca, 16 DLR 361 wherein the petitioner, a student of Dhaka University was found guilty of serious breach of discipline by the authority on the occasion of the convocation in March 1964 and was expel..

Category: Employment/Service Law | Date: | Hits: 155

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....e case of Ma Shwe Mya Vs. Maung Mo Hsaung, AIR 1922 (PC) 249. In that case in a suit for Specific Performance of Contract on the basis of oral agreement, amendment was sought for claiming damages for breach of contract. Their Lordships of the Privy Council held as under: "All rules of Court are n..

Category: Property Law | Date: | Hits: 151

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

....nd any allegations in the petition of complaint that can be considered as "entrustment with property or with any dominion over Property." According to section 405 of the Penal Code defining "criminal breach of trust" the entrustment factor must be there to constitute that offence. But the facts of p..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....n the case of Oil and Natural Gas Corporation Ltd Vs. SAW Pipes Ltd, reported in AIR 2003 SC 2629, the Supreme Court of India held: "In exercising jurisdiction, the Arbitral Tribunal cannot act in breach of some provision of substantive law or the provisions of the Act." 48. In the case referr..

Category: Alternative Dispute Resolution | Date: | Hits: 385

Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)

....these two sections, a brief re­ference to Sections 32, 34 and 35 is necessary. Section 32 deals with the power of the Administrator to remove a Mutwalli in certain cases and Mutwalli's liability for breach of trust. An order passed by the Adminis­trator is subject to appeal by the District Judge a..

Category: Trust/Waqf Law | Date: | Hits: 136

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....essor of the appellants who denied to have filed any application for drawing up proceeding un­der section 145 of the Criminal Procedure Code. It was asserted by him that there was no apprehension of breach of peace as reported by the police and he and his co-sharers are in peaceful possession of th..

Category: Others | Date: | Hits: 135

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

....ciety was formed in 1977 to solve the residential problems of its members having about 8000 members presently who are all beneficiary members. The accused persons are fraud, cheat and commit criminal breach of trust of entrustment of the property. While the accused persons were discharging their fun..

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....Parliament from the local area, the accused-petitioner Alhaj Salauddin Ahmed might have only recommended for such allotment, but he was never entrusted with the property. So, the question of criminal breach of trust does not arise at all so far he is concerned. According to his submissions, there is..

Category: Criminal Law | Date: | Hits: 61

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....een made in the meeting held on 8-­6‑1995 and the respondent by Memo dated 12‑10­-1998 informed that by not amending the Articles of Association as required by the respondent the Company was in breach of the provisions of the Insurance Act and also asked to show cause by 25­10‑1998 why acti..

Category: Business or Commercial Law | Date: | Hits: 271

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....ted the receiver to hand over the entire 116 decimals of land to him, which is an apparent error. Moreover, nowhere in his judgment, the Upazila Magistrate discussed as to how he apprehended imminent breach of peace, which was a requirement to pass an order under section 145 of the Code. 9. The ..

Category: Property Law | Date: | Hits: 53