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Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....e Probation of Offenders Ordinance, 1960. 16. The Probation Officer is directed to supervise the activities of the petitioner in accordance with law and to report to this Court in the event of any breach of the conditions of this order. He is further directed to submit a completion report at the ..Category: Criminal Law | Date: | Hits: 97
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
.... for rejecting the plaint on the ground that the tenancy agreement with the plaintiff having expired he has no legal character, no locus standi and no cause of action to bring the suit as there is no breach of any obligation or contract. 5. The trial Court allowed the said application on contest ..Category: Procedural Law | Date: | Hits: 90
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....S. M. Fazail and Co. Vs. Overseas Cotton Co. PLD 1959 (WP) Karachi 320 wherein it has been held that the direction given under section 14 (2) of the Arbitration Act is only of a directory nature. The breach of this direction is only an irregularity which cannot make the award inoperative. 15. I..Category: Alternative Dispute Resolution | Date: | Hits: 187
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....nami which was an act of God relieving all parties from liability as carriers. 5. The application is opposed by a written objection filed on behalf of the plaintiff where the plaintiff has alleged breach of contract and negligence of the owners and master of the vessel MV Jaami. It is further all..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....have been filed under Article 102(1) for enforcement of the fundamental right. Hence Writ Petition No. 3773 of 1996 and Writ Petition No. 3834 of 1999 are maintainable inasmuch as the impugned act in breach of the fundamental right is not required to be committed in the affairs of the Republic or a ..Category: Information Technology Law | Date: | Hits: 324
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....rred upon the High Court Division. 16. Before exercising this power, this division is to satisfy itself that the learned Additional District Judge in exercising his jurisdiction acted illegally in breach of some provision of law or by committing some error of procedure committed material irregula..Category: Procedural Law | Date: | Hits: 77
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....submits that section 73 of the Contract Act makes it compulsory for the plaintiff to prove that he has suffered damage and the extent to which he has suffered before a Court can award him damages for breach of contract, and if he does not give the best evidence, every presumption should be made agai..Category: Banking Law | Date: | Hits: 199
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....n such a case can be granted only when the prosecution has an opportunity of being heard (Section 32(c). Mr. Kowsar referred to section. Section 25B(1)(a) which runs as follows- “(1) Whoever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or..Category: Criminal Law | Date: | Hits: 72
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....oan of Taka 70 lac was sanctioned in favour of the shipping Lines on certain terms and conditions. An amount of Taka 42 lac was paid directly to the Builder Dockyard as advance by the Sangstha who in breach of condition did not deliver new marine engines as agreed upon but imported second hand engin..Category: Criminal Law | Date: | Hits: 38
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
.... of the Customs Act, 1969 came for consideration. Section 2(s) as applicable in Pakistan at that relevant time was as follows: “2.(s) “smuggle” means to bring into or take out of Pakistan in breach of any prohibition or restriction for the time being in force, or evading payment of customs ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....to pay prices to buy the gas, will push the country to a situation of economic duress of unbearable proportion. The government, for reasons best known to it, have kept the PSC documents concealed, in breach of the principle of transparency and national interest and, have been consistently failing to..Category: Constitutional Law | Date: | Hits: 231
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
.... do so a contract is entered into, there is offer and its acceptance backed by obligation and in such circumstances he submits the government functions in the capacity as a trader and if there is any breach of such contract the aggrieved party can sue for damages but cannot invoke writ jurisdiction...Category: Others | Date: | Hits: 153
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....ing the defendants, their business was already closed. The plaintiffs were not entitled to sue for declarations as prayed for, their suit was not maintainable. At best, they could sue for damages for breach of contract, if any. 8. Mr. Rafique-UI Huq, learned Senior Counsel, on behalf of the petit..Category: Civil Law | Date: | Hits: 148
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ndia and the private individual is not in the form required by section 175(3), it cannot be enforced and therefore, the Dominion of India cannot be sued by the private individual for compensation for breach of contract. 30. The contract referred to above was entered into in exercise of the execut..Category: Information Technology Law | Date: | Hits: 321
Category: Fiscal/Taxation Law | Date: | Hits: 81
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....er 39 of the Code of Civil Procedure the Court has jurisdiction to grant an order of temporary injunction but only in a suit for perpetual injunction for restraining the defendant from committing any breach of contract or other injury of a like kind arising out of the contract. The right to get supp..Category: Civil Law | Date: | Hits: 151
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....e any notice or letter from RAJUK. Nor they knew of any objection raise from any quarter during the construction work for more than six years. 31. He further submitted that they did not commit any breach of any term or conditions of the sanctioned plan. Nor any of their statements under which the..Category: Property Law | Date: | Hits: 125
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....-petitioner in spite of receipt of the notice did not pay the money. The accused-petitioner with intent to deceive him took delivery of the cloth without making payment and thereby committed criminal breach of trust and cheating under sections 406/420 of the Penal Code. The learned Magistrate on rec..Category: Criminal Law | Date: | Hits: 38
Category: Property Law | Date: | Hits: 73
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....amp Act. The required duty would be the duty as prescribed in Bangladesh on the date of execution of the document. The defect of absence of Bangladesh stamps on the disputed power of attorney and the breach of the time limit for being stamped will be cured on payment of the prescribed stamp duty and..Category: Property Law | Date: | Hits: 65