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Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....voidable necessity to create a new and fixed rent for all time, though adequate at the time, in lieu of giving the benefit of an augmentation of a variable rent, from time to time, would be a breach of duty in a Sebait. 9. In Palaniappa Chettv V. Sreenath Devasikamony Pandara, AIR 19..Category: Property Law | Date: | Hits: 36
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....n- charge of the police station. On 17.11.84 the learned Magistrate recorded the following under: "Record is put up today. Seen the report of O/C. I am satisfied that there is apprehension of breach of peace. D/O u/s 145 Cr.P.C. restraining both the parties from entering into the D/L. Land ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ld hat surely-hampers the old one and the question of extension of old hat could have been solved amicably by both parties taking surrounding lands of the old hat At the moment though apprehension of breach of peace is not there but it may crop up in future. This is for his kind perusal and neces..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....g next. There was an agreement between the parties. The agreement prohibited defendant No. 1 from sub-letting the premises. His case was that the defendant was a defaulter and by subjecting he was in breach of the agreement. 3. Defendant contested the suit that he did not sub-let the premises bu..Category: Tenancy Law | Date: | Hits: 65
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....remedy provided against the loaner concerns, it appears that the legislature in enacting this special law, intended to provide speedy remedy. Obviously, speedy remedy against non-payment of dues or breach of any obligations under the agreement with the Bank is seen to be its sole aim. This has to ..Category: Banking Law | Date: | Hits: 121
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....me after the happening of any of the events following:— (i) If the Licencee........ shall be adjudicated insolvent; (ii)......... (iii)......... (iv) If the Licencee shall be guilty of breach of any of the covenants and stipulations of their part contained in this licence". 22. App..Category: Business or Commercial Law | Date: | Hits: 118
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....omes into play only when disciplinary proceedings are taken against a public servant, which was not done against the plaintiff. The Supreme Court of India came to the conclusion that there was no breach of any Rule in regard to the plaintiff and that since the High Court, having been vested with..Category: Employment/Service Law | Date: | Hits: 87
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....equence of which Mr. M. A. Islam, the then Sub-Divisional Magistrate by his order dated 6th April, 1961 released the lands from attachment with the observation that "there is no chance of the breach of peace". A reference was made under section 438 of the Code of Criminal Procedure to ..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....irman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge of Mymensingh under the Criminal Law Amendment Act on a charge of criminal breach of trust in respect of a sum of Rs. 915/- during the period when he held office as Chairman ..Category: Criminal Law | Date: | Hits: 44
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....ion and sentence of death and directed retrial of the prisoner. The High Court held that a last moment appointment of an Advocate for defending an accused of capital offence not only resulted in a breach of provisions of 6th paragraph of Chapter XII of the Legal Remembrance’s Manual, 1960 ..Category: Criminal Law | Date: | Hits: 66
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....;closing injury and damage to the plaintiff which entitled him to relief was filed. It was alleged that the defendant had filed a complaint in the criminal court against the plaintiff for criminal breach of trust. Magistrate referred the matter to the police for enquiry and finally dismissed the..Category: Criminal Law | Date: | Hits: 77
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....nd party. But the learned Magistrate by an order dated 20.7.74 treated the application as one under section 145 of the Code since there was a dispute over possession of a land likely to cause breach of the peace, and accordingly drew a proceeding thereunder. In due course second party-appel..Category: Criminal Law | Date: | Hits: 51
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....sposal of the appeal are that the respondents were employees under the appellant Bangladesh Water Development Board and they were removed from service on the charge of misconduct and breach of discipline. It was alleged that the respondents entered into the office of the Deputy Dir..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....holding of promotion for a specified period. It is interesting that Rule 4(2) (d) provides for recovery from pay of the whole or in part of any pecuniary loss caused to Government by negligence or breach of orders. In this case though the Secretary has harped on the theme of pecuniary loss witho..Category: Employment/Service Law | Date: | Hits: 87
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....trative kind. It has been further observed that if the service under the Crown would not have been at the pleasure of the Crown, the remedy by suit against the Secretary of State in Council for a breach of contract of service would have been available to the person owing to his wrongful dismissa..Category: Constitutional Law | Date: | Hits: 188
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....rials to show that there was any infraction of election rules, and even if there be any, the result of the election was materially affected thereby, or that petitioner was responsible for the breach of trust; and that High Court Division was wrong in summarily dismissing the writ petition. ..Category: Election Law | Date: | Hits: 121
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....or assignee of any bill of lading of any goods carried into any part in England or Wales, in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship unless it..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
.... that the prayer for injunction regarding possession of the land was not granted, though there is no specific refusal either. In such circumstances, if there is a serious apprehension of breach of peace which is apparent from the record, the exercise of the Magistrate's jurisdicti..Category: Criminal Law | Date: | Hits: 39
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....Division after finding that the order of cancellation was vitiated as being malafide were well founded in law in refusing to exercise writ jurisdiction on the ground that it was a contractual breach of term of the lease and so no writ lay. 2. Facts are not long and they may be set ou..Category: Property Law | Date: | Hits: 53
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....iven in paragraph 7. In other words, if any direction is given as in under paragraph 7 by the Central Government or the State Bank of Pakistan such direction must be complied with failing which the breach will be visited by punishment. 6. The Area Committee released Rs. 46,500/00 vide Annexu..Category: Banking Law | Date: | Hits: 129