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Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....hich is the case before us. 9. Mr. Farooqui has further referred to the case of Sobharadri Vs. Parthasarathi reported in AIR 1932 Madras 583 where a suit was filed for recovery of compensation for fraudulent representation of the defendant at the time of the contract. The plaintiffs case is that ......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ..

Category: Property Law | Date: | Hits: 120

Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)

....n the Court of the learned Subordinate Judge, Bogra on 2.7.82 against the present petitioner for a declaration that an ex parte decree passed on 4.1.80 in O.C. Suit No.17 of 1979 is void, illegal and fraudulent and prayed for cancellation of the same. This suit was valued at Taka 12,600/- only when ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..

Category: Procedural Law | Date: | Hits: 152

Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)

....o hit by the Doctrine of 'Marzul Maut.’ The plaintiff came to know about the said Hebanama on 7.2.68 and thereafter he filed the present suit on 2.4.68 for a declara­tion that the said Hebanama is fraudulent, void, in­operative and not binding upon the heirs of the said Abdur Rahman Sikder. 3......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..

Category: Property Law | Date: | Hits: 152

KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)

....the EBL has already made payments to the said exporters. It may further be mentioned here that there is an old maxim, "ex turpi causa non oritur actio" i.e. a person cannot found an action on his own fraudulent behavior. There is another old maxim, "fraus omina corrumpit" meaning fraud unfolded, the...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370...

Category: Civil Law | Date: | Hits: 212

Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)

....laintiff instituted a suit for declaration against the petitioner as defendant for a declaration that the ex parte decree passed in Misc case No.142 of 1970 by the learned Munsif, Sadar Mymensingh is fraudulent, illegal, void and not binding upon the plaintiff, alleging inter alia that the suit land...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...

Category: Limitation Law | Date: | Hits: 239

Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)

....alukdar, by different registered kabalas dated 22.8.61, 30.10.69, 28.5.74 and 6.9.77 respectively and they have been in possession of the suit land since their purchase. The alleged Will is false and fraudulent. The plaintiff is not the daughter of testator Jogendra Nath Talukdar. Budhi Bala was nev...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..

Category: Property Law | Date: | Hits: 183

Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)

.... দরখাস্ত।” 9. It is further stated in the judgment," the plaintiff Opposite party filed the suit for declaration of Title that the decree obtained in Title Suit No.206 of 1970 is fraudulent and inoperative and also prayed for a separate saham of 4 gondas share of the suit proper......arned Subordinate Judge, Sec­ond Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ..

Category: Civil Law | Date: | Hits: 205

Mokarram Hossain and others Vs. ADC (Rev) Pabna for Vested and Non-Resident Property (Land and Building) Pabna & others, 1998, 27 CLC (HCD)

....s such, the suit property was made at first enemy property vide enemy property case in 1965-68 and thereafter vested and non resident property in the aforesaid case made on 20-2-82. Abdul Gafur got a fraudulent ex-parte decree in his said Other Class suit No.178 of 1969 collusively and subsequently ......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470...

Category: Property Law | Date: | Hits: 130

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

....ed 17.3.91 taken by the BSRS and also pointed out that the properties of the Jute Mills had been sold during the pendency of the liquidation proceeding without the order of the Court and the sale was fraudulent and illegal. 6. The learned Company Judge after hearing the Parties issued a Rule call...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...

Category: Company Law | Date: | Hits: 317

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....লিয়াকত আলী খান, সাং- ১৮নং মাসদাইর রোড, ধানা- ফতুল্লা, জেলা- নারায়ণগঞ্জ।” 3. The Bank fraudulently by giving false address of the petitioner instituted Title Suit No.45 of 2003 (renumber......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..

Category: Civil Law | Date: | Hits: 269

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....i Sub‑Registry Office which is different from the Sub‑Registry Office where the land under pre‑emption and the land of Baser Pramanik do situate. This was done to facilitate registration of the fraudulent deed of exchange under a different Sub‑Registry Office to Suppress the fact of transfer......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...

Category: Property Law | Date: | Hits: 89

Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)

....the defendant petitioner No.1 and this opposite party came to know that de­fendant petitioner Nos.1 and 2 in connivance with the deed writer brought into existence the impugned deed taking resort to fraudulent and deceitful means. 3. Defendant-Petitioner Nos.1 and 2 and defen­dant petitioner No......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...

Category: Property Law | Date: | Hits: 134

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....z deed was not acted upon. The plaintiff after hearing about the Ewaz deed obtained the certified copy of the same on 29.3.84 from the office of the Sub-Registrar, Laxmipur and came to know about the fraudulent and collusive acts of the defendant in creating the Ewaz deed instead of a heba deed whic......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...

Category: Property Law | Date: | Hits: 136

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

.... to know that defendant No.1 executed 2 register sale deeds in favour of defendant No.2 and 3 (petition­ers) on 16-3-1993 of the disputed 1.171/2 satak land; that the alleged transfer was collusive, fraudulent and illegal as defendant No.1 has already delivered possession of the suit land to the pl......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..

Category: Property Law | Date: | Hits: 90

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

....essor-in-interest of the plaintiffs in favour of Salamatullah predecessor-in-interest of the defendants and registered on 11-7-47 at the Sub-register’s office briefly SR Office, Chatkhil is forged, fraudulent, void and not binding upon the plaintiffs and for its cancellation. 2. Plaintiffs’ c......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..

Category: Procedural Law | Date: | Hits: 103

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

....or registration so he left the station giving charge of registration to his two brothers, namely opposite parties Nos.3 and 4. Subsequently, the plaintiff came to know that his said two brothers have fraudulently inserted their names as vendees with the plaintiff in 3 Kabalas. The said two brothers ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..

Category: Property Law | Date: | Hits: 114

Institute of Child Mother Health Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others, 1996, 25 CLC (HCD)

....0.00 per acre. 15. Learned Arbitrator failed to notice that the recital in the said sale deed he considered was an unusual recital and it indicated that the sale deeds were created collusively and fraudulently to claim compensation at inflated rates. Applicant in Arbitration case No.820 of 1990 i......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160...

Category: Property Law | Date: | Hits: 84

Abdul Jalil & other Vs. Islami Bank Bangla­desh Ltd. and others, 2011, 40 CLC (AD)

.... the plot was 0.0090 acre....................” Mr. Islam has contended that these very two sentences of the judgment of the Appellate Division prove that the defendants in the earlier suit by their fraudulent act made the Court believe that the CS Plot No.371 actually contained 0.0090 acre of land......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...

Category: Procedural Law | Date: | Hits: 108

Rehana Ahmed and others Vs. Nahar Shipping Lines Lim­ited, 1990, 19 CLC (HCD)

....thout any success. It is further stated that the meetings of the are not being held as provided in law since 1985. No meeting of the Board of Directors was held. The conduct of the respondent No.2 is fraudulent. 11. In view of the aforesaid circumstances the petitioners have filed this applicatio......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...

Category: Company Law | Date: | Hits: 233

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

....ের ১৫ নং আইন). Some other amendments have also been made in the said Ordinance by the provisions of the said Act No.XVI of 1993. Section 17 of the said Ordinance of 1969 prohibits fraudulent acts by any person directly or indirectly involved in the sale or purchase of any securit......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..

Category: Business or Commercial Law | Date: | Hits: 219