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Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ranteed under the Constitution and the High Court Division also fell in error in not appreciating that the claim of the appellant is based on Articles 15(a), 18(1), 31 and 32 of the Constitution in breach of which the respondents are allowing the members of the public to continue to drink water c..Category: Environmental Law | Date: | Hits: 255
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
.... an instrument executed abroad is not stamped by the Treasury within three months after it has been first received in Bangladesh it can still be stamped after three months, but that will be done in breach of section 18 and thereby the penal provision of section 35 will be attracted. The relevant..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....ot put up any contest to the amended prayer of the plaintiffs in the appeal having noticed the plaintiffs' move, which in the course of hearing has been described by her learned counsel" as an act of breach of faith", herself came up with a prayer for leave to appeal against the same judgement as a ..Category: Property Law | Date: | Hits: 95
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... other materials for Bangladesh are illegal, malafide, void, without jurisdiction and a nullity and for a decree of permanent injunction restraining the defendants from doing any act and making any breach whether actual or threatened of the rights vested in the plaintiffs on the basis of the con..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....ssing a decree on the basis of the averments made in the plaint". 16. The provision of Order VI, Rule 4 of the Code of Civil Procedure requires a party to give the particulars of fraud, breach of trust, mis-representation, willful default or undue influence wh..Category: Property Law | Date: | Hits: 38
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....nable in law. He further submits that the High Court Division was wrong in holding that the petitioner having participated in the inquiry proceedings before the inquiry committee, there was no breach of the principles of natural justice inasmuch as the petitioner's case in the Labour Court w..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....plication has been filed bona fide in order to protect his right and interest in respect of his 12,000 shares in the Company. The present petitioners taking advantage of the situation and acting in breach of faith, trust and confidence reposed by the Respondent No.1 on them and in collusion with..Category: Business or Commercial Law | Date: | Hits: 109
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....n amount of only Tk.85,975/- as stamp sale proceeds for the aforesaid period and thus both the accused in collusion with each other misappropriated the sum of Tk.43,447.25 by fraudulent means and breach of trust. On the basis of the aforesaid FIR, Dinajpur PS. Case No. 10 dated 17 June, 1987 wa..Category: Criminal Law | Date: | Hits: 35
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....the same. 5. Leave was granted on the submissions that the respondent No.1 failed to complete the works within the stipulated time and the High Court Division failed to consider the effect of such breach while deciding the perspective liabilities of the parties and also failed to appreciate that ..Category: Civil Law | Date: | Hits: 109
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....f a report dated 20.01.1998 submitted by the officer-in-charge, Dhanmondi, DMP, Dhaka in connection with General Diary No. 1194 dated 19.01.1998 of the said police station reporting apprehension of breach of peace with regard to Plot No. 87, Road No. 11/A of Dhanmondi Residential Area, i.e. the ..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....ernment of an amount of TK. 10,10,236.70/- and thus as a result of commission of forgery and using the forged documents obtained financial benefit and hence committed offence of criminal breach or trust/ misappropriation. 3. On the basis of the aforesaid First Information Report..Category: Criminal Law | Date: | Hits: 57
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....ering the applications made to the Company Court under the substantive provision of the Companies Act, the Company Court is entitled to exercise its inherent jurisdiction wherever there is manifest breach of law and Article to prevent injustice and the provisions of the Companies Act..Category: Business or Commercial Law | Date: | Hits: 147
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....ling necessity for adding her as a party in a succession proceeding when the question is whether she is entitled to citation at all. She is entitled to bring the suit for redress of her grievance for breach of contract and she has already filed the suit for specific performance of contract. If she s..Category: Property Law | Date: | Hits: 80
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....ent challans. Accordingly, he was found to have misappropriated the remaining Government money amounting to Taka 1, 25, 113.87 by abusing his official position as Nazir and thereby committed criminal breach of trust. On the basis of the aforesaid allegation, Foyezuddin Ahmed, Assistant Inspector of ..Category: Anti-Corruption Laws | Date: | Hits: 90
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....of the entire debt. The position is same with the Shilpa Bank established under the Shilpa Bank Order, 1972 (P.O. 129 of 1972). Section 33 provides for the recovery of entire debt "by reason of the breach of any condition of any agreement" and section 35 provides for recovery of the entire sum out..Category: Election Law | Date: | Hits: 124
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ase it is not the case of the plaintiff that the obligation arises from any contract. Therefore, the obligation must rest on law. The plaintiff could not cite any law which raises such obligation the breach of which would give rise to a cause of action. Section 55 is in following terms: "When..Category: Property Law | Date: | Hits: 30
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....tern side of the village, the distance between the two is about a mile. A road called Abdul Hakim Chowdhury Road, running from east to west connects these two houses; in-between, the road has got a breach called "Bhanga1 about 25 cubits long and filled with knee-deep muddy water and flanked by sta..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....f being defaulter and for her own bona fide requirement. The suit was contested and the trial Court decreed the suit and found the defendants as defaulter and also for sub-letting the premises in breach of agreement. Defendants filed appeal being Title Appeal No. 327 of 1984 and the learned Su..Category: Criminal Law | Date: | Hits: 47
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
.... restraining the opposite party from interfering with the possession of the decree-holder, falls outside the jurisdiction of a Magistrate under section 145 Cr.P.C. In such a case if apprehension of breach of peace prevails, the Magistrate can take action under sections 107 and 151 Cr.P.C. and bind..Category: Criminal Law | Date: | Hits: 105
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... exercised its jurisdiction not conferred by law or has failed to exercise jurisdiction conferred upon it, or has acted illegally in the exercise of jurisdiction which means that it has committed a breach of some provision of law, or with material irregularity in the exercise of its jurisdiction w..Category: Property Law | Date: | Hits: 33