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Category: Constitutional Law | Date: | Hits: 137
Category: Constitutional Law | Date: | Hits: 207
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....tion was filed on the grounds that the Arbitral Award was excessive and without any basis. It was also stated that the losses alleged by the respondent No.1 did not arise naturally from the alleged breaches of the petitioners. As such it was stated that the Arbitral Award had been passed in ..Category: Alternative Dispute Resolution | Date: | Hits: 344
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....vant for the purpose of the disposal of the appeals. They are as follows: "81. If any officer of customs, or other person duly employed for the prevention of smuggling, is guilty of a willful breach of such officer or person shall, on conviction before a Magistrate, be liable to imprisonment..Category: Fiscal/Taxation Law | Date: | Hits: 129
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....55). There is no cause of action for brach thereof (Union of India vs. Majji, AIR 1977 (SC) 757; Sethi vs. Union, India, AIR 1975 (SC) 2164; Mehta vs. Union of India, AIR 1977 (SC) 1673). Unless such breach constitutes a violation of some statutory or constitutional provisions Contrarily following..Category: Employment/Service Law | Date: | Hits: 118
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....nks fit” does not qualify the word “hearing” and there is no co-relation between “hearing” and “as he thinks fit” and accordingly he has submitted that for breach of the provisions of Section 377 of the Code for not signing the judgment by two judges, the..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....dred conceptions, in the following terms: “(1) We mean, in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. In ..Category: Criminal Law | Date: | Hits: 228
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....ly starts after the 1st instalment is disbursed in pursuance of the tripartite contract, but the only requirement is that it should be alleged and proved that Tapashee was responsible for breach of any agreement with the Sangstha. Having found further that Tapashee did not commit any b..Category: Business or Commercial Law | Date: | Hits: 311
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....o.3 was the claimant of the disputed Holding No.58/1-A Purana Paltan and the respondent No.4 was the claimant of Holding Nos.59 and 59/1, Purana Paltan, and both of them were bent on creating serious breach of peace at any moment and so the said Holding No.58/1-A. Purana Paltan be attached and a rec..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....d petitioner, has referred to the petition of complaint in order to show that the allegation made therein, even if admitted, does not constitute any criminal offence either of cheating or of criminal breach of trust. Mr. Zahirul Islam submits that admittedly this is business transaction and if there..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ing appointment of Judges and that has not been denied by the Government by filing any counter affidavit. It is true that there has been unbroken and continuous convention of consultation excepting a breach in 1994 which was subsequently cured by consulting the Chief Justice and by issuing a fresh l..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....tion in view of continuous default in payment of rent and the principle set out in Section 23 of Limitation Act and that fresh period of limitation begins to run at every moment of time during such breach of contract without considering the settled principle that the period for recovery of arrea..Category: Civil Law | Date: | Hits: 110
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....film in the Cinema Hall. There is no material on the record that the so called dispute relating to ownership of the Cinema Hall was of such nature or extent giving rise to a genuine apprehension of breach of peace and that being absent there is no occasion for the respondent No.1 to place the mana..Category: Civil Law | Date: | Hits: 128
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....ortion is salt bed. The second party men who are dangerous and desperate in nature collected unauthorized arms and hired goondas to oust the first party from possession. Thus apprehending breach of peace and loss of lives the first party filed N. G. R. Case No. 132 of 1978. 3. T..Category: Criminal Law | Date: | Hits: 34
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....Rahman Sikder, Managing partner of the firm, claimed that he has been running the business quite efficiently and well, Mahbubur Rahman Sikder supported by the other partners charged the former with breach of trust and misappropriation of the firm's assets and fund their deprivation regarding both ..Category: Constitutional Law | Date: | Hits: 149
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....t Ullah Waqf Estate under E.G. No. 4429 Dinajpur (now Thakurgaon). By an order dated 3 September 1982 the Administrator of Waqfs, Bangladesh, removed him from his office of Mutawalli on the ground of breach of trust, misappropriation and his management of the waqf properties. The appellant who is a ..Category: Trust/Waqf Law | Date: | Hits: 190
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....nt Nos. 1-7 Abul Hashem Khan the termination of the lease without giving any notice was ipso facto illegal, as permanent right had been accrued in favour of the said respondents and there being no breach of the condition of lease, it could not be cancelled as it had been done in the instant case..Category: Property Law | Date: | Hits: 30
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....erform its part of the contract and claimed for specific performance of the contract, it would possibly a different case. It is settled law that where a party to a contract commits an anticipatory breach of the contract, the other party may choose to keep the contract alive till the time of perf..Category: Property Law | Date: | Hits: 42
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
.... 4 (sister). 9. It is not disputed before us by any of the parties that RAJUK has no authority under Section 9 of the Building Construction Act, 1952 to cancel/suspend a sanctioned plan for breach of any of the terms or conditions or for making any incorrect statement under which such san..Category: Property Law | Date: | Hits: 35