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National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... Proce­dure or to defend himself before that Court in accordance with law but he will not be enti­tled to invoke the writ jurisdiction under Arti­cle 102 of the Constitution in the guise of the breach of natural justice for quashment of the criminal proceedings pending in the Court of Chief M..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....s to the interest or service to the people for whom the privilege was allowed by law as a grace. If the privilege is abused for a collateral purpose, then the concerned functionary would be guilty of breach of trust to those people who reposed confidence on them by electing them in the Parliament. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

....ld that where a Magistrate while releasing the accused on bail attached conditions that the accused would not enter upon the land in dispute for a particular period and that they would not commit any breach of peace, the conditions were repugnant to this section and should be deleted. In the case of..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... clause 9.5 of the 'RFP' at the floating of the advertisement was as under: "The Licence Agreement may not be amended, modified or supplemented without prior written consent of MOPT. No waiver of any breach of any provision of this Licence Agreement shall be effective or binding unless made in writi..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....intiff-petitioner to prevent the irreparable loss of the University likely to cause by those appointments made contrary to the rules, procedure and guidelines laid down for such appointment and in breach of the circulars and budgetary provision of Rajshahi University. He also canvassed that the ..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

....f the whole and thereupon this lease shall absolutely determine in respect of the entire land without any refund, but without prejudice to any right of suit by government in respect of any antecedent breach of any of your covenants here as contained. 9. The language of the two clauses are quite..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Suo Moto Ex-parte Order 2005

....Order absolutely plain, IT IS FURTHER ORDERED that this injunction shall particularly be binding upon all Advocates practicing in any Courts of law in Bangladesh ad FURTHER THAT in the event of any breach by any one of this Order Proper steps to enforce this order shall be taken including proceed..

Category: Others | Date: 23 May, 2005 | Hits: 13

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

....eing constructed or re‑constructed, or any addition or alteration to any building is being made or any tank is being excavated or re-excavated, without obtaining the sanction under section 3, or in breach of any of the terms of conditions subject to which sanction was granted under that section, h..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

....4 to 12.10.1987 collusively caused mischief amounting to TK. 4,04,99,052/- of the bank by violating the foreign investment Rules, instructions, and circulars, thereby committed offence of criminal breach of trust and misconduct. It was further alleged that the accused collusively since 25.6.1987..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

.... 29. Mr. Mahmudul Islam in his Constitutional Law of Bangladesh classified contempt into three broad categories:‑ 1. Scandalisation of the Court (2) disobedience to the orders of the Court and breach of undertaking given to the Court and (3) interference with due course of justice, Mr. Islam ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)

.... set aside the impugned judgment. Section 19A of the Arms Act under which the trial of the petitioners was held and conviction was given sentencing them to 10 years R.I. is as follows: “19A. For breaches of sections 6,13, 14 and 15, in respect of certain Arms.- Notwithstanding anything containe..

Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....ssion must relate to the affairs of the company of which the petitioner is a member (iv) prejudicial conduct means causing prejudice or harm to the relevant interest (v) unfairness can arise out of a breach of the petitioner's legal rights, i.e. those in the memorandum and articles of association or..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

.... before the District Judge. Borguna and operation of the judgment and decree was stayed on first party and tried to reap away the paddy from the disputed land by force thereby causing apprehension of breach of peace the first party had to initiate the proceeding under sections 144/145 of the Code of..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

....Advocate for the opposite parry No.2, assisted by his junior Advocate Mr. Mohammad Ullah, submits that while the petitioners was Branch Manager of the Cox's Bazar City Bank, he committed criminal breach of trust violating instructions of the bank by extending several loan amounts beyond his fina..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)

.... forwarded the overall results of the said constituency to the Election Commission for declaration." 13. The learned Counsel for the appellant persistently submits that there is no mention of breach of the provision of Article 31 of the Order and, as such, it should be taken that the allegat..

Category: Election Law | Date: 30 Oct, 2004 | Hits: 142

State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)

....at Fakirapool, lodged first information report in the Motijheel Police Station against the respondent No.1 alleging forgery and mis‑appropriation of Bank money as well as committing of criminal breach of trust during the period from 25‑7‑1980 to 15‑5‑1984. In due course..

Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

....sed credit limit of Taka 1.5 crore or against previous loan of Bangthai Company? (b) were the charge documents and security papers executed and received in blank? (c) had the bank committed breach of contract by not providing proposed loan facility? (d) whether the bank caused loss to..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4

Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)

....he petitioner's fundamental right to justice as guaranteed under the Constitution. Even if sections 6 and 7 are found to valid that should not apply in case of an irregular decree which was passed in breach of procedural rules set down in the Ain or in the Code of Civil Pro­cedure. 3. The respon..

Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

.... provides that the contractor shall have no claim to compensation, in any case. 30. Mr. Shafique Ahmed submitted that the learned Arbitrator is empowered to give compen­sation or damages for breach of the contract under law of the land even when the contract is silent. Submission may sound ..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)

.... a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the self­same facts. In a criminal trial, an offence like criminal breach of trust or forgery, dishonest intention or mens rea is required to be proved because it is..

Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130