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Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....ks within the stipulated time and despite that it had withdrawn Tk.18,58,62,719/- against running bills. The plaintiff was required to complete the works within 9 months but subsequently by resorting fraudulent devices it got the time extended till 30th June, 2003. After such extension the plaintiff......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..Category: Civil Law | Date: | Hits: 73
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
.... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ......so the respondent No.2 decided to sell the same to the pre emptee/petitioner, the contiguous land owner, at a consideration of Tk.99,000/-and negotiation for sale was made with her husband and then a bainanama was executed between her and the respondent No.2 on 16.2.1998 wherein along with others, t..Category: Property Law | Date: | Hits: 64
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
.... to have been executed by the plaintiff in favour of the defendant No.1 on 9.11.83 and registered on the same date purporting to transfer the land described in the schedule to the plaint was illegal, fraudulent, mala fide, void and not binding upon the plaintiff and also for cancellation of the said......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..Category: Property Law | Date: | Hits: 87
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....urther submitted that the Court of appeal below also acted illegally in holding that the accused had no from his subsequent conduct of non‑delivery of goods agreed to be delivered clearly shows the fraudulent intention of the accused of cheating the appellant. 7. Trial Court on consideration of......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ..Category: Criminal Law | Date: | Hits: 69
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....a forged and fabricated document. If it is found that Parash Chandra Biswas really executed sale deed dated 1.4.57 in favour of the plaintiff by putting thumb impression then the plaintiff might have fraudulently obtained thumb impressions of Parash Chandra Biswas in 2/3 blank cartridge papers witho......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...Category: Property Law | Date: | Hits: 78
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
....s cause, and it is the duty of the Court in exercise of its inherent power to bury the suit the moment such fraud comes to its notice. The plaintiff cannot be allowed to derive any benefit out of his fraudulent acts. It appears that in the defendant's application under Order 7 rule 11 there was refe...... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ..Category: Civil Law | Date: | Hits: 104
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....edule properties and he died leaving two sons Alim and Kalim and Alim died leaving son Hamid, and Kalim died leaving four sons. Alleged Hiba deed by Moslehuddin in favour of Kalim, Harez and Afsar is fraudulent and illegal. The order of deaths given in the Plaint and plaintiffs' claimed shares are n......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....ceipts showing such payments. Learned Advocate further submits that as per plaint the date of delivery of possession and the date of registration of the lease deed are the same which clearly show the fraudulent activities of Shamsul Kabir Humayun Reza of 157 Baro Moghbazar. Learned Advocate further ......za and bainama entered with a person named Shamsul Kabir Humayun Reza is a fake and false person. MA Hashem, plaintiff asked him that he will not claim the suit property on the basis of the aforesaid bainanama but instead, to his surprise, MA Hashem published a corrigendum that the father's name o..Category: Property Law | Date: | Hits: 100
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......ed to pay the said loan of Tk.75,000/-, lastly agreed to transfer the suit land in favour of the plaintiff on fixing a consideration money of Tk. 1,00,000/- (Taka one lac) , accordingly he executed a bainanama on 26.11.1990 with stipulation that within a period of 3 years after receiving the balance..
Category: Property Law | Date: | Hits: 70
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....ation and also barred by principle of estoppel, acquiescence and waiver and that the suit is not maintainable and the suit is false and fabricated. The registered deeds of the plaintiff were fake and fraudulent. The suit property was rightly recorded in the name of the Government during last settlem......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897...Category: Procedural Law | Date: | Hits: 72
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....itle Suit No. 5 of 2007 in the First Court of Joint District Judge, Lakshmipur, for a declaration that the Heba deed dated 13.5.2007 shown to have been executed by him in favour of the defendants, is fraudulent, inoperative, without consideration and for setting aside the said deed alleging that the......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....s 30.11.1942; that the matriculation certificate issued by the Board in the year 1964 and the date of birth contained therein is the basis of his date of birth and the so-called affidavit was forged, fraudulent and ante-dated and the same was never acted upon. It was further claimed by the appellant...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
.... cases, it is the duty of the Court that has seisin of the case to recall suo motu an order procured by fraud.
19. In Najmul Huq Vs. Panchanan poddar reported in 21 DLR (Dac) 78 it was held that a fraudulent contrivance was enough to make an auction purchase invalid. If the auction brought about ......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....est of Sultan Ahmed Bahaddar by registered kabala, failed to pay rent for the suit land to the landlords, the suit property was put to auction sale for arrears of rent and the said Elahadad Chowdhury fraudulently auction purchased the suit property in the benami of his uncle Jinnat Ali on 20.05.1931......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....by any member, contributory, creditor or any other person interested that the business of a company is being carried on in fraud of its members, creditors or persons dealing with the company or for a fraudulent purpose that the affairs of the company are not being managed in accordance with the prov......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....in accordance with the contracts thereby relieving HELM of all obligation to ship the goods. Mr. Hossain argued that in the circumstances any call or demand upon the Performance Guarantees would be fraudulent and that such a fraudulent claim could indeed be restrained by an order of injunction. ......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....ourt of Subordinate Judge, Narayangonj for declaration that the deed dated 14th November, 1992 executed and registered through Court in pursuance of the decree passed in Title Suit No.14 of 1986 is fraudulent, illegal, inoperative and void, for confirmation of possession and permanent injunction......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
....ing that the compromise decree dated 16.6.72 obtained by Mr. MA Aziz defendant No.1 in Title Suit No.62 of 1972 of the 1st Court of Subordinate Judge, Dhaka (in respect of the aforesaid property) was fraudulent, false, mala fide, illegal, inoperative and void and of no legal effect and was not bindi......ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
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Category: Property Law | Date: | Hits: 86
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....oneous decision occasioning failure of justice. 9. In reply to this contention, Mr. Mansur Habib, the learned Advocate appearing for the opposite party, submits that deed of Heba‑bil‑ewaz is a fraudulent transaction resorted to with mala fide intention to defeat the right of pre‑emption and......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..Category: Property Law | Date: | Hits: 81
....ed a total of Tk. 4,500.00 from the plaintiffs and on the instruction of the plaintiffs put their signatures on two pieces of blank stamp paper as security. Their further case was that the plaintiffs fraudulently converted this blank stamp‑paper into a deed of agreement and instituted the suit. It...... justice.
10. A perusal of the judgment of the learned trial Court shows that the learned trial Court was of opinion that since the defendant Nos.1 and 2 admitted their signatures on the purported bainanama, the onus was on them to prove that they did not execute the bainanama but put their signa..
Category: Procedural Law | Date: | Hits: 59
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