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Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....btors in civil prison and for attachment of their properties, it was held by Hasan, J that when there was a violation of prohibitory injunction there remained no decree to be enforced and that wilful breach of the injunction could not be held to be wilful failure to obey the decree as provided in Or..Category: Civil Law | Date: | Hits: 100
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
.... further pointed out that the reference by the petitioner to a Constitutional Convention is not established; since admittedly the convention has been broken on 4/5 occasions and none challenged the breach of the convention of appointing from the senior-most Judge of the Supreme Court. He submitted..Category: Constitutional Law | Date: | Hits: 228
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....ent the supplier/contractor or its principal fails to make delivery within the time specified or any extension thereof, the purchase, i.e., BCIC will cancel the contracts considering the failure as a breach thereof. Such breach of the contracts by the supplier would automatically entail the uncondit..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....the contemner has deliberately violated or flouted the Court’s direction. There are three categories of Contempt of Court, (a) scandalisation of Court, (b) disobedience to the order of the Court or breach of undertaking given to the Court and (c) interference with the course of justice. In the ins..Category: Employment/Service Law | Date: | Hits: 115
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....has not been defined in the Evidence Act. The definition of fraud is only to be found in section 17 of the Contract Act. Fraud property includes all acts, omissions, and concealments, which involve a breach of legal or equitable duty, trust or confidence, justly reposed, and are injurious to another..Category: Procedural Law | Date: | Hits: 105
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....s to the contract is a statutory or public body such contract is not a statutory contract; (e) When contract is entered into by a public authority invested with the statutory power, in case of breach thereof relief in writ jurisdiction may be sought as against such on the plea that the contra..Category: Business or Commercial Law | Date: | Hits: 267
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
.....1 furnished bank guarantee of National Bank Ltd. dated 2.3.85 for Tk. 25 lacs to Pubali Bank and requested for release of the said properties. It is further stated that the said Pubali Bank in total breach of its earlier commitment refused by a letter dated 5.2.87 to release the properties of petit..Category: Company Law | Date: | Hits: 159
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
.... the accused fled away from the house of the informant in the morning on 5-1-1995. The accused had misappropriated the money paid by the informant and thereby he had committed the offence of criminal breach of trust and accordingly the informant lodged the instant FIR with Mohammadpur Police Station..Category: Criminal Law | Date: | Hits: 89
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....be granted without first specifying the land. A stranger transferee cannot be put in joint possession of an ejmali property with the family members as such procedure would be inconvenient and lead to breach of peace. The proper course in such a case would be to leave the purchaser to his remedy by ..Category: Property Law | Date: | Hits: 101
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....ccessor of the New Nation Publications Ltd., the petitioner was bound to reinstate the complainant in his service and as he wilfully failed to implement the decision of the Second Labour Court and breached the same vide judgment dated 26-10-1993, offences under sections 54 and 55 of the Ordinanc..Category: Labour and Industrial Law | Date: | Hits: 147
Category: Civil Law | Date: | Hits: 78
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
.... on any of these offences against the accused by any reliable evidence. Now let me examine the relevant laws. Section 25B of the Special Powers Act, reads: 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: Fiscal/Taxation Law | Date: | Hits: 101
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation & others, 1990, 19 CLC (HCD)
.... of the Admiralty Court under Section 6 their Lordships of the Appellate Division hold as follows: "The section is attracted only when damage is done to the goods, due to negligence, misconduct or breach of contract or breach of duty in relation to the goods. In a series of decisions in England i..Category: Admiralty Law or Maritime Law | Date: | Hits: 195
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....transaction, no criminal offence is found to have been committed by the accused petitioner. Mr. M Nurullah then submits that from the plain reading of the FIR and the charge sheet no case of criminal breach of trust is found to have been made out as there is no allegation of entrustment of any money..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
.... imprisonment for life is illegal. 6. Mr. SB Barua, learned Advocate appearing for the State, in reply submitted that the illegal order of the superior cannot save the appellant from the charge of breach of trust and pointed out section 94 of the Penal Code in this connection. He further submitte..Category: Criminal Law | Date: | Hits: 91
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....y misappropriated an amount of Tk. 200 crores as banker and committed offence under section 409 of the Penal Code which is punishable with imprisonment for life. The petitioner by committing criminal breach of trust by practising fraud is said to have criminally misappropriated about Tk. 200 crores ..Category: Criminal Law | Date: | Hits: 125
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....e defendants branches acted illegally and arbitrarily in transferring Tk. 63,000.00 to LIM account of Abul Hussain and keeping Tk. 90,687.00 in "Sundry Creditor's Account" and the same tantamounts to breach of trust and if the same is allowed to happen then the people will lose confidence on the ban..Category: Civil Law | Date: | Hits: 83
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....n of sections 111 (g) and 114A of the Transfer of Property Act. Section 111 (g) Provides- “by forfeiture; that is to say,(1) in case the lessee breaks an express condition which provides that on breach thereof the lessor may re‑enter or (2) in case the lessee renounces his character as such b..Category: Property Law | Date: | Hits: 87
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....5. Instead of doing that, the respondent No.2 left for his village home at Companygonj in Noakhali without information. We agree with the submissions made by Mr. Khalilur Rahman that there had been a breach by the respondent No.2 of the proviso which provides that if a worker desires extension of le..Category: Labour and Industrial Law | Date: | Hits: 120
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
.... and if the trade union has contravened any provisions of the Ordinance or the rules. That being the position the petitioners were required to move the Registrar of the trade unions in case there was breach of the said clauses (e) and (i) and before exhausting the remedy available to the petitioners..Category: Labour and Industrial Law | Date: | Hits: 115