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Displaying 321-340 of 650 results.

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....Railway authority took back 31 decimals of land and leased the same to other persons leaving the petitioners in possession of .60 acre of agricultural land. According to the petitioners, there was no breach of the terms of the license nor was there any allegation that the nature and character of the..

Category: Property Law | Date: | Hits: 69

State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)

....lity. It is further contended that the accused-respondent was admittedly entrusted with the money in his capacity as a public servant for delivering the same to the recipient Moktar Hossain committed breach of trust and misappropriated the same and therefore, he could not have been acquitted of the ..

Category: Criminal Law | Date: | Hits: 77

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....2. To substantiate a charge punishable under section 409 of the Penal Code, the prosecution is required to prove that the property was entrusted with the accused. When section 405 defines ‘criminal breach of trust’ speaks of a person being in any manner entrusted with the property, it does not c..

Category: Criminal Law | Date: | Hits: 85

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....igma or making any accusation, not being a punishment as contemplated under Regulation 52(1) of Bangladesh Biman Corporation Employees (Service) Regulations, 1979, the ques­tion of any grievance for breach of the principles of natural justice for not giving notice or an opportunity of being heard d..

Category: Employment/Service Law | Date: | Hits: 111

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

.... preferred criminal appeal before the High Court Division of the Supreme Court and the appeal was allowed and the appellant was acquitted of the charge on the ground that when the offence of criminal breach of trust was committed by him he was not a public servant as such the Special Judge lacked ju..

Category: Criminal Law | Date: | Hits: 71

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ng in contempt............. 16. In the case of Dulal Chandra Bhar Vs. Sukumar Banerjee 1958 CrLJ 1163 it has been held as under: ''Court observed that if contempt is sought to be founded on a breach of a mandatory order, the same cannot be done unless it is shown that the mandatory order dir..

Category: Criminal Law | Date: | Hits: 83

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

.... 1972 which runs thus‑ "22. Revocation/suspension of licence.- (1) The Licensing Authority may at any time for reasons to be recorded in writing revoke or suspend a licence granted by it for any breach of these rules or of the conditions of the licence. (2) Omitted. (3) A copy of any orde..

Category: Property Law | Date: | Hits: 62

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....s an extremely harsh and highly discretionary order passed at the discretion of the Court to restore a situation existing on the date of filing of the suit or occurred after filing of the suit and in breach of any order of the Court. Such order cannot be passed to restore or bring back a situation w..

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....t in a case is falling under section 70 the person doing something for another or delivering, something to another cannot sue for the specific performance of the contract nor ask for damages for tile breach of the contract, for the simple reason that there is no contract between him and the other pe..

Category: Civil Law | Date: | Hits: 99

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....ffs bank misappropriated 4380 MT of scraps the decree for price of such missing 4380 MT scraps cannot be sustained in law. 44. Similarly, the plaintiffs failed to prove that the bank committed any breach of the contract. In the absence of any evidence for breach of contract, the claim of the plai..

Category: Civil Law | Date: | Hits: 92

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

....regard. The learned Magistrate, in the premises, has framed charge in contravention of section 233 of the Code. Sub‑section (2) of section 222 provides that when an accused is charged with criminal breach of trust or dishonest misap­propriation of money, a gross amount in respect of which the off..

Category: Criminal Law | Date: | Hits: 89

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

.... Common Law. English Contract Law as we know it today, developed around a form of action known as the action of assumpsit which came into prominence in the early sixteenth century as a remedy for the breach of informal agreements reached by word of mouth, i.e., by 'parol'. The early Common Law was l..

Category: Employment/Service Law | Date: | Hits: 144

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

....oresaid in view of the legal bar in clause (c) correct (f) of section 56 of the Specific Relief Act which runs as follows: "56. Injunction cannot be granted ........ (c) correct (f) to prevent the breach of a contract, the performance of which would not be specifically enforced ..........” T..

Category: Employment/Service Law | Date: | Hits: 122

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....to fulfill their ill motive by-passing the Cabinet Division added Clause No.10 to the draft policy and converted the same to procedure and thus through illegal means and fraudulent way and by causing breach of trust as public servant converted Chhatak (east) a virgin field into marginal and aban­do..

Category: Criminal Law | Date: | Hits: 126

Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....ioner is that the petitioner has been performing his functions and discharging his duties as Nikah Registrar of the aforesaid five Unions with good reputation and the petitioner has not committed any breach of any terms of his appointment. The respondent No.3 without following rules, namely Muslim M..

Category: Civil Law | Date: | Hits: 90

Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)

....­ferred upon the Magistrate to attach the dis­puted properties and appoint receiver while drawing up proceedings under section 145 Cr.P.C. if the Magistrate is satisfied that there is likelihood of breach of peace regarding any immovable property. The contention of the learned Counsel is, therefor..

Category: Criminal Law | Date: | Hits: 69

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

....ved that a substantial portion of the claim is based outside the arbitration clause in that a compensation or damages have been claimed. It observed that the subject matter of the suit arose out of a breach of contract entered into in 1973. The learned Judges were of the view that the Court below wa..

Category: Alternative Dispute Resolution | Date: | Hits: 161

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....y by the plaintiffs in that suit. The opposite parties however continue to threat the said caretaker Abul Kalam in order to frighten him to leave the property. Having caused a serious apprehension of breach of peace the said caretaker took shelter of law by filing a petition before the S.D.O. (South..

Category: Criminal Law | Date: | Hits: 77

Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)

.... Chittagong rejecting the appeal, preferred by the convict petitioner, summarily. 9. Mr. Md. Abdul Baset, the learned Assistant Attorney General, on the other hand, has submitted that there was no breach of the provisions of law in the proceeding which ended in conviction of the petitioner. He ha..

Category: Criminal Law | Date: | Hits: 87

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....7‑03 said Bench discharged the Rule. 21. The principles for granting mandatory injunction is codified under section 55 of the Specific Relief Act, which reads hereinunder‑ "When, to prevent breach of an obligation, it is necessary to compel the performance of certain acts which the Court i..

Category: Civil Law | Date: | Hits: 73