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Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....ocate next submits that the respondent No. 3 taking advantage of the trust reposed in him (as the Managing Director) by the two foreign shareholders, namely petitioner Nos.1 and 2, has committed breach of trust, abused the authority and resorted to fraudulent practice in the manner aforesaid wi..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....d charge sheet do not constitute any offence under sections 409 and 418 of the Penal Code and section 5 (2) of the Act II of 1947. He further submits that to commit offence under section 409 criminal breach of trust by a public servant, the prosecution has to prove not only entrustment of or dominio..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....ey obtained the tin sheet fraudulently inducing anybody to part with the same to him. Furthermore the proceeding cannot continue against the petitioner alone as the abettor of the offence of criminal breach of trust punishable under section 406 of the Penal Code without the principal offender of suc..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
.... doing or providing anything which a party ought under the contract to do or provide, and without which the other party cannot perform his part. Therefore, there is no doubt that the defendant was in breach of the terms of agreement and abruptly cancelled the agreement and forfeited the advance mone..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....complaint case filed out of time, the said special case could not be proceeded with. Non- payment of cheque-money by allowing dishonour of the cheque does not come within the offence of criminal breach of trust as defined under section 406 of the Penal Code. So, the order of framing charge unde..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... Court means civil contempt or criminal contempt and civil contempt is defined as willful disobedience to any judgment, decree, direction, order, writ or other processes of Court or willful breach of an undertaking given to the Court. If our order and direction are disobeyed willfully..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....nexure-A), wherein there is allegation to the effect that the accused-petitioner being Administrative Officer of the Housing Estate, Chittagong, committed the offences of cheating, criminal breach of trust, and forgery by misusing his official power in discharging duties in the Government ..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
.... reported in (1969) 1 Ch.140 imposed upon the Government or the concerned Authorities a duty to act fairly and reasonably in dealing with the rights and / or interest of the people and in case of any breach thereof the Court should act upon in striking down any order in exercise of judicial review o..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....nlawful or improper behaviour." Affirmative misconduct means an affirmative act of misrepresentation or concealment of a material fact. Broadly speaking misconduct envisages any instance of breach of discipline. It means improper behaviour, intentional wrongdoing or deliberate violation of..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ification has been published in the official Gazette empowering Mozahar Ali Sarder to investigate into the offence alleged to have been committed by the petitioner. 13. The ACC clearly acted in breach of Rule 7(1)-(5) of the Anti Corruption Commission Rules 2007 (“the ACC Rules”) i..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....efuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non delivery. 58. Subject to the provisions of Chapter II of the Specific Relief Act, 1877, in any suit for breach of contract to deliver specific or ascertained goods, the Court may, if it thinks fit, on the..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....-11 to the affidavit-in-opposition. As such, there is no case of oppression on the petitioner as minority shareholder. Rather it is a clear case of taking action against the petitioner for committing breach of trust and removal of company's money and the action taken for this reason should not a..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....oard Award but even then none of them moved personally, but the consideration would have been different if any organization representing a weaker section of the society had come to complain about a breach of any fundamental right of its members or any public wrong done to the members generally i..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....lder from bringing an action to pursue wrongs which has been done to the company. Secondly, where there are irregularities in the way the company is run, and also in many cases where directors are in breach of their duties, the majority shareholder in general meetings may, by ordinary resolutio..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
.... issues agitated by the petitioner are not subject to arbitration and the issues raised in the writ petition are not between the parties alone and this writ petition has not filed to enforce any breach of contract but involves a different issue which is extraneous to the contract. 15. Mr. ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... full Executive Committee that has been empowered by the constitution to do this. Although clause 9 of the constitution ordains that the General Council is set up for a fixed period of four years, in breach of this mandatory provisions, the General Council in the instant case was purportedly dissolv..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....importance because they have been suspended by statute. It is now a statutory offence to fail to provide the necessary care for children or to fail to assist a "constable to suppress a breach of peace, besides the duty after an accident or to report the accident to the police. On the ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....Remedial— Articles 44(1), 102(1) 102(2) The power of the High Court Division under Article 102(1) is not only injunctive in ambit but also remedial in scope to provide any relief against a breach of fundamental right already committed which may include the, power to award compensation in ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5