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Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ed property who had executed the documents in his own name it is clear that the allegation of forgery in the circumstances of the case is clearly misconceived. The other allegations as to criminal breach of trust and cheating are equally unsustainable in law. There is no allegation that the disp..Category: Criminal Law | Date: | Hits: 51
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....er, even though he may have received the money in terms of the contract and that if the work had not been done in accordance with the terms of the contract that would at most be regarded as a case of breach of contract giving rise to civil liabilities. 4. The contentions raised above appear to ha..Category: Criminal Law | Date: | Hits: 84
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
.... a Division Bench of the High Court of West Pakistan, Karachi Bench, in Criminal Acquittal Appeal No. 451 of 1961 by which the trial court's order acquitting the appellant of the charges of 'criminal breach of trust' and 'criminal misconduct' were set aside and he was convicted and sentenced for tho..Category: Anti-Corruption Laws | Date: | Hits: 142
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....ys after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or (b) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:— ..Category: Others | Date: | Hits: 124
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....aintiff and the 1st defendant for handling and transportation of the goods of the 1st defendant was subsisting and the plaintiff also prayed for an order restraining the defendants from committing breach of the same by way of handing over that work to someone other than the plaintiff and on the ..Category: Business or Commercial Law | Date: | Hits: 94
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
.... is maintainable under writ jurisdiction. Thus under the terms and conditions of the contract the moment a bidder submits a bid both bidder and purchaser are bound under the bidding terms and any breach of that obviously amounts to breach of contract. Furthermore, the petitioner is admittedly a ..Category: Others | Date: | Hits: 130
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....the Atiya Forest Ordinance, 1992 apparently to induce the voters. Political adviser of the Prime Minister and members of the parliament belonging to the ruling party and the Government servants in breach of Article 86 of Presidents Order 155 of 1972 took up their residence in the constituency 15..Category: Election Law | Date: | Hits: 158
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....section 92 of the Code of Civil Procedure which is applicable in the facts and circumstances of the present case. Section 92 of the Code of Civil Procedure provides that in the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religiou..Category: Constitutional Law | Date: | Hits: 199
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....espondent denying material statements made in the plaint. It was stated that so long the plaintiff rendered satisfactory services he was treated as such by bank and was promoted accordingly but in breach of the rules, regulations, standing orders and instructions of the bank he issued pay order ..Category: Employment/Service Law | Date: | Hits: 78
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....g Director and Director of the Company not depositing the remittance with the account of the company but depositing the same to their own account do not constitute an offence of Cheating and Criminal breach of trust. The proceeding is accordingly quashed……..(9, 10 & 11) Cases Referr..Category: Criminal Law | Date: | Hits: 50
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....his favour and he is entitled to injunction…………..(8) No injunction can be granted to interfere with the public duties of any Department of the Government or, for that matter to prevent the breach of a contract the performance of which would not be specifically enforced………….(8) ..Category: Others | Date: | Hits: 94
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....e trust. He must devote income earmarked by the donor for the purpose of the trust. The trustee has no discretion and failure on his part to carry out the direction of the donor will amount to a breach of duty and on some occasion, a breach of trust. If the Mutwalli or trustee has set apart or ..Category: Trust/Waqf Law | Date: | Hits: 239
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....two sections, a brief reference to Sections 32, 34 and 35 is necessary. Section 32 deals with the power of the Administrator to remove a Mutawalli in certain cases and Mutawalli’s liability for breach of trust. An order passed by the Administrator is subject to appeal by the District Judge and..Category: Trust/Waqf Law | Date: | Hits: 196
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....late Tribunal found that though the charge‑sheet contained a reference to Regulation 27(1) (e) it did not clearly spell out which of the dim different kinds of offences mentioned there‑breach of discipline, misconduct or insubordination-the employee committed in this case. It appears..Category: Administrative Law | Date: | Hits: 100
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....stomers and loss to the Bank. There was complaint against him to the Bank Management following which he misbehaved with one of the officers of the Bank, abused him in filthy language and created a breach of peace during working hours. He was charged for gross misconduct and an enquiry was held w..Category: Labour and Industrial Law | Date: | Hits: 100
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....nent injunction has been granted, the jurisdiction of a Magistrate under section 145 Cr.P.C. is ousted, the only saving being that action can be taken under sections 107 and 151 Cr.P.C. to prevent breach of peace, but no order by a Criminal Court for attachment of the property under section 145 ..Category: Property Law | Date: | Hits: 81
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....he appellant, has referred to the complaint petition 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. Amirul Islam learned Advocate has appeared for the complainant to support the ..Category: Criminal Law | Date: | Hits: 43
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ement, submitted a Bill (Bill No. 1) demanding compensation for their business‑loss caused due to the suspension of the work for 47 days; they held the appellants responsible for this partial breach of the contract since, in terms of the contract, the appellants were bound to give undispute..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....en a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the self same facts. In a criminal trial, for an offence like criminal breach of trust or forgery, dishonest intention or mens rea is required to be proved because it is a..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ty to litigation at some point and that there must be judicial discipline, the lower judicial hierarchy being bound by the decision of the higher judicial hierarchy. To allow or even to tolerate a breach of this time‑honoured and constitutionally fixed duty is to invite judicial anarc..Category: Criminal Law | Date: | Hits: 98