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Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)

....considered the submissions made at the Bar and perused the materials on record. The plaintiff-appellant instituted the suit for a declaration deed of lease executed between the parties was a void and fraudulent document and not binding upon the plaintiff on the assertion that the aforesaid deed has ......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 41

Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)

....ortion of the judgment of the trial court which has been upheld by the appellate Court, needs some modification and accordingly, it is modified to the extent that the ex parte decree is declared as fraudulent against Abul Kashem Howlader only and the same is not binding  upon him. 2.......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ..

Category: Property Law | Date: | Hits: 102

M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)

....the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ......nt of compensation afresh of the appellant's land acquired from date of service of notice on 30.10.1965. 2. The appellant filed the case stating, inter-alia, that the appellant made written bainanama on 31.10.1963 with the original owners for purchase of 16.65 acres of chala land of ..

Category: Property Law | Date: | Hits: 37

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....mals of land of 2nd Schedule in October 1961, but no sale deed was exe­cuted and registered. It was also asserted that the decree for Specific Performance of Con­tract obtained by the plaintiff was fraudulent and as such the plaintiff’s suit was liable to be dismissed. 4. The learned Assistan......­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..

Category: Tenancy Law | Date: | Hits: 141

Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)

....father of the defendant-respondent No.1 the trial Court categorically observed that he has no title to the land appertaining to C.S. Plot No. 166 which is the Government requisitioned land and the fraudulent decree obtained by him in Title Suit No.4 of 1996 was set aside and Title Suit No.45 of ......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ..

Category: Property Law | Date: | Hits: 26

Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)

....ers for declaration that the sale deed dated 17.05.1969 said to have been executed and registered by the proforma defendant No. 2 Haribhushan Debnath in favour of the defendant No.1 was forged and fraudulent and the plaintiffs had title and interest in the suit land stating, inter alia, that the......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..

Category: Property Law | Date: | Hits: 25

Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)

....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......eover on perusal of the aforesaid officefile the Court of Settlement found that Md. Shafi signed each and every document in English including the registered lease deed whereas he executed the alleged bainanama in Urdu which made the Court of Settlement to hold that the alleged bainanama is a forged ..

Category: Property Law | Date: | Hits: 28

Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)

....losed that the defendant No.1 claimed the suit land on the basis of the gift made by his mother on 26.06.1934. The plaintiffs contention is that the said deed of gift is forged, fabri­cated and fraudulent and has been created to grab the suit land. 3. The defendant Nos. 1 and 2 contes......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..

Category: Property Law | Date: | Hits: 106

Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)

....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ......ners and the respondent No.3 (the proforma defen­dant No.5) and they agreed to sell the same to the respondent No. 1 at a consider­ation of Tk.3,00,000/- and he having paid Tk. 1,50,000/- a bainanama was executed whereupon the possession of the suit prop­erty was delivered to him and ..

Category: Property Law | Date: | Hits: 26

Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)

....ud practised upon the party or upon the court in obtaining the decree in Title Suit No. 346 of 1977. Non-inclusion of Additional Deputy Commissioner (Revenue) in charge of vested property is not a fraudulent act to turn down the earlier decree on the ground of fraud are rightly held by the lower......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ..

Category: Property Law | Date: | Hits: 48

Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)

....ing advantage of his absence started to lead fast life. The plaintiff constructed a two storied building on the land so purchased with a plan of four storied building. The defendant No.1 took some fraudulent steps to get the first floor of the building trans­ferred in her name since its comp...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 519. ..

Category: Property Law | Date: | Hits: 20

Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)

....nd as such liable to be dismissed. 6. We have heard Khandker Mahbubuddin Ahmed with Mr. Rafique-Ul-Huq in sup­port of the application for dismissing the leave petitions on the ground of fraudulent misrepresentation and Mr. Abdullah-Al-Mamun for the petitioners and Mrs. Khaleda Zaman f......the applica­tion for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ..

Category: Banking Law | Date: | Hits: 103

Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)

.... prior to the respondent, sections 8(a) and 10 of the said Act and Rule 24 of the said Rules have no man­ner of application in the present case; on the contrary, the registration of trade mark fraudulently obtained by the respondent is liable to be rectified under section 46 of the said Act.......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..

Category: Intellectual Property Law | Date: | Hits: 245

Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)

....ving out various threats since last part of Poush 1391 B.S. and Consequently they created some paper transaction from defendant Nos. 1-5 in respect of their proportionate share and those papers are fraudulent, collusive, inop­erative and not binding upon the plaintiff and thereby a cloud has......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..

Category: Property Law | Date: | Hits: 26

Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

.... suit was filed seeking saham of 6.93 acres of land on partition of the land in suit and for a declaration that the deed of gift dated August 25, 1984 in favour of the defendant No.1 was forged and fraudulent and not binding upon the plaintiffs. 2. It is the case of the plaintiffs that th......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..

Category: Property Law | Date: | Hits: 37

Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)

....nd as Reserve Forest; the management of the suit land was although under the Government and the alleged settlement in the name of the father of the plaintiffs is on the basis of forged, collusive, fraudulent and ante-dated papers which has been created for the purpose of the suit, the ex-rent re......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ..

Category: Property Law | Date: | Hits: 31

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....e plaintiff filed the suit seeking relief as stated hereinbefore or, in other words, seeking declaration that the decree dated April 26,1989 passed in Title Suit No. 291 of 1985 was illegal, void, fraudulent, not binding on the plaintiff and not effective against the plaintiff. The plaintiff did......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ..

Category: Property Law | Date: | Hits: 31

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

....t of the plot No. 4346, that defendant Nos. 1, 8 and 11 created a deed in respect of 15 decimals of land of plot No. 4346 in favour of the defendant Nos.13-16, that the said deeds are collusive and fraudulent, that the plaintiffs are entitled to recover possession of the suit land as well as usu......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..

Category: Property Law | Date: | Hits: 48

Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)

....equential relief" renders a suit non-maintainable. 16. The fact of the reported case, in short, is that a suit was filed seeking declaration that the decree obtained in Title Suit No.69 of 1961 is fraudulent, void, collusive, inoperative and not binding upon the plaintiff contending that in previ...... the discussions made here­inabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..

Category: Property Law | Date: | Hits: 33

Shawkat Ali Khan Vs. Ahmed Ali and others, 2006, 35 CLC (AD)

....     3. Title Suit No.102 of 1990 was filed seeking partition and Title Suit No. 82 of 1991 was filed seeking declaration that the deed No. 5649 dated 19.6.1969 is void, fraudulent and fabricated.            &......f document. In that view of the matter we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 315. ..

Category: Property Law | Date: | Hits: 21