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Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....nd thereafter selling the equity of redemption may be termed as clever. But this is permissible under the law. But to give a deed of sale the colour of an exchange by including a fictitious land is a fraudulent act on the part of transferor and the transferee and this is not permitted by law. 9. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....r into contract for sale of the suit land nor executed Bainapatra and never received any earnest money and the ex parte decree obtained by plaintiff against the son of Manada Sundari is collusive and fraudulent and not binding on the defendants and that plaintiff is not in possession of the suit lan......s connection the learned Additional District Judge also took into consideration the fact of non‑examination of the scribe of Bainapatra Ext.2. No reason has been assigned why Murshed Ali, scribe of bainanama Ext.2 has not been examined. The learned Additional District Judge also considered the evi..Category: Procedural Law | Date: | Hits: 105
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....olders and now they are praying before this Court for restoring themselves to original position in the company. Section 38 of the Companies Act runs as follows: “If-(a) the name of any person is fraudulently or without sufficient cause entered in or omitted from the register of members of a com......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....ad No. 21, Dhanmondi Residential Area, under Police Station, Dhanmondi, Dhaka from the 'Ka' list of the abandoned buildings published in the official Gazette, on 23rd September 1986 is collusive, fraudulent, void-ab-initio, inoperative and not binding upon the plaintiff. ii. On the basis of t...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..Category: Others | Date: | Hits: 118
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....ubordinate Judge, third Court, Dhaka and also for declaration that the kabala executed through Court on 27, 02.1980 in Title Execution Case No.3 of 1980 by the Subordinate Judge, 3rd Court, Dhaka was fraudulent, collusive, illegal and void and not binding upon the plaintiffs. The suit land measuring...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....defraud other creditors. Further, BSRS unilaterally exercised its power during pendency of liquidation proceeding only to make it a meaningless proceeding. The above action is absolutely reckless and fraudulent. Allegations of fraud, mala fide and recklessness have been brought in the application fi......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..Category: Company Law | Date: | Hits: 193
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....ur of petitioner No.2, Chandra Rani Chowdhury and another Sale Deed in favour of co‑accused Shamsul Huq for the aforesaid premises. 3. When informant Alfazuddin came to know about the forged and fraudulent deeds, he filed a written allegation before the Bureau of Anti Corruption and that afte......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..Category: Criminal Law | Date: | Hits: 83
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....endant respondent No. 1, Rupali Bank and other proforma respondents for declaring the ex‑parte preliminary decree dated 16.1.1986 and final decree dated 2.6.1986 passed in the said suit as illegal, fraudulent and collusive. 3. The case of the plaintiff appellants, inter alia, is that the defend......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
....udge, Khulna who after hearing affirmed the order of the learned Magistrate and that the alleged mutation in the names of the plaintiffs and subsequent correction of the record were collusive and fraudulent and that the plaintiffs did not possess 5.7320 acres of land as auction purchasers and ......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ..Category: Property Law | Date: | Hits: 69
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......lsewhere with her other relations inside the country after selling out the suit‑property. The plaintiff‑petitioner being her closest neighbour wanted to purchase the same and a deed of agreement (bainanama) for sale between the plaintiff and defendant No.1 was accordingly executed on 25.2.1987 f..Category: Procedural Law | Date: | Hits: 76
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....erty and adopted the double role. The claim of defendant No. 2 in Tit e Suit No. 417 of 1982 was absolutely false aid baseless. Title Suit No. 771 of 1979 was a collusive suit for partition which was fraudulently managed to be filed by the defendant No. 2 by misrepresentation and fraud and suit prop......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
.... brought the Suit No.370 of 1983 before the Assistant Judge, Sadar Noakhali, that the summons of the said suit are not served upon the defendants and that the ex parte decree of that suit is forged, fraudulent and collusive and not binding upon them. 9. Now the point for determination is whethe......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..Category: Property Law | Date: | Hits: 82
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......eed in favour of the plaintiff. That application of defendant No.1 was rejected by the Court on 03.04.2003. It was the claim on behalf of the defendant No.1 that since time was of the essence, the bainanama became inoperative and void on 02.11.2002. 5. By judgment and decree dated 29.09.2008..Category: Property Law | Date: | Hits: 98
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....trict Anti‑Corruption Officer, Bakerganj‑ 9) To the Sub‑Divisional Officer, Pirojpur, District‑Bakerganj, 5. In order to lend weight to the said allegations these defendants obtained by fraudulent representation the recommendations of some Basic Democrats on the margin of the said peti......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Category: Alternative Dispute Resolution | Date: | Hits: 170
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....iled a separate written statement to contest the suit denying the material allegations of the plaint and contending, inter alia, that the alleged sale deeds in favour of the plaintiffs are forged and fraudulent and that the suit property has been rightly requisitioned by the Government and allotted ......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..Category: Property Law | Date: | Hits: 78
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....e Suit No. 449 of 1961 for part of the above mentioned land claiming that he had taken settlement of the land from one of the original recorded tenants Sudhendu Nath Roy Chowdhury in 1960 B.S. and by fraudulent suppression of the summonses and all other processes obtained an ex parte decree on 9.3.6......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....vidence of the contents of the document. Apart from other reasons, we are in full agreement with learned single judge of the High Court that the onus was on the defendants to prove the forgery or the fraudulent alteration which they have totally failed to do. The Courts below misconceived the questi......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....to 31-10-2000 on an application by the DTO. But the respondent, without waiting for the next election to be held, removed the petitioner from the office of President of the CCCI most illegally and by fraudulent method. Consequently, the petitioner was forced to approach the DTO for relief. On his fa...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....wn source of income. Commission of an offence under section 26(2) is disclosed only when any person after receipt of an order under section 26(1) would not file statement of assets or submit false or fraudulent statement of assets. In the commission of such offence, there is no scope of any body to ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86