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Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)

.... paper but he never tried for them but look lease of the suit land from the authority concerned for him­self only. After the death of the father, he the defendant No. 6, came to know about this fraudulent act and himself applied for a lease of the suit land in his name stating the fact and th......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ..

Category: Property Law | Date: | Hits: 23

Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)

....d property threatened the appellants to evict from the land in suit. 4. The suit was contested by the defen­dant No. 2 alleging that the decree obtained in Title Suit No. 198 of 1970 was fraudulent one and that the same was filed impleading dead persons and that the appellant obtained ......ade hereinabove we find merit in the appeal. 26.  Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ..

Category: Property Law | Date: | Hits: 34

Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)

....d also got the kabala on 11.02.1972  through Court vide  Title Execution Case No. 5 of 1970. That defendant Nos. 1-3, 9-12 and predecessor of defendant Nos. 4-8 created some false, fraud, fraudulent, collusive and anti-dated documents by false personification. The defendants wrongfully ......in Title Suit No. 202 of 1969 and the proceeding in Execution No.5 of 1970. On the contrary the defendant No. 1 has failed to prove the alleged patta, kabala deed dated 03.06.1972 and unregistered bainanama dated 10.04.1969 being the basis of his alleged possession and title in the suit land and..

Category: Property Law | Date: | Hits: 29

Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)

.... same. The suit was filed seeking declaration that the judgment and order dated June 29, 1987 passed in Miscellaneous Case (pre-emption) No. 6 of 1984 of the Court of ssistant Judge, Nangalkot was fraudulent and as such liable to be set aside. 2. It was the case of the plaintiffs that cer......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 967. ..

Category: Property Law | Date: | Hits: 23

Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)

....ng the land in suit elsewhere. 3. The suit was filed seeking declara­tion that the kabala bearing No. 5994 of the year 1969 executed by Md. Aslam in favour of the defendants is illegal, fraudulent and not binding, upon the plaintiffs. It is the case of the plaintiffs that the land in ......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 961. ..

Category: Property Law | Date: | Hits: 29

Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)

....rther declaration that the kabala bearing No. 10146 dated March 17, 1983, the kabala bearing No.19698 dated March 28, 1983 and the kabala bearing No. 16758 dated 13.12.1989 are void, collusive and fraudulent. 3. The suit was filed stating, inter alia, that the land in suit belonged to Man...... kind in the judg­ment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ..

Category: Property Law | Date: | Hits: 25

Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)

....t the Respondents Mozammel Haque and others filed Title Suit No. 114 of 1997 against the plaintiff peti­tioner praying to declare the deed of gift dated 14.03.1973 as illegal, void, forged and fraudulent document. The suit was contested by the petitioner filing a writ­ten statement. It w...... court. There is therefore no error in the said judgment. In this view of the matter both the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 949. ..

Category: Property Law | Date: | Hits: 24

Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)

.... their contention of paying install­ment on the basis of Ext. c, that the defendants have not filed any receipt showing payment of money on the basis of Ext. C, that defendants on the basis of fraudulent paper i.e. Ext. C entered into the land in suit upon dispossessing the plaintiffs, that ......he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ..

Category: Property Law | Date: | Hits: 18

Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)

....daughters; Dud Miah had no title and possession over the land of Plot No. 2719 and accordingly had no right to transfer any land from the above plot to the plaintiffs; the kabala dated 03.05.93 is fraudulent, inoperative, without consideration and void and the plaintiffs acquired no title and po......rived at a correct decision and there is no cogent reason to interfere with the side decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 54. ..

Category: Property Law | Date: | Hits: 19

Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)

....is the owner of the suit land and that the ex parte decree dated 4.3.1975 passed by the learned Munsif (now Assistant Judge), 1st Court, Comilla in Miscellaneous Case No. 104 of 1974 is collusive, fraudulent, null and void stat­ing, inter alia, that Mr. Kazi Golam Mohiuddin faruki (G.M. Far......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ..

Category: Property Law | Date: | Hits: 27

Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)

....hendra Kumar Nath that plaintiffs father died in 1977 and he had never exe­cuted any deed of gift in favour of the defendant No. 1, that the deed of gift as claimed by the defendants is forged, fraudulent and fabricated and that the alleged deed of gift has created cloud on the right, title ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..

Category: Property Law | Date: | Hits: 46

Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)

....rticulars of those deeds. One of the deeds is in the name of Sultana Parvin, the defendant of Title Suit No. 38 of 1988 and another is in the name of Sawkat Ali. Those two kabala deeds are forged and fraudulent and without consideration. On the basis of those kabala deeds, the defendants did not tak......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..

Category: Tenancy Law | Date: | Hits: 155

Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)

....9. 2. The suit was filed seeking declaration of title, confirmation of possession and for declaration that the record of right pre­pared in the name of the defendants is ille­gal and fraudulent. The suit relates to 69 acres of land described in the schedule attached to the plaint. ......ns made here­inbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ..

Category: Property Law | Date: | Hits: 19

Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....hedule and for recovery of khas posses­sion in respect of the land of second schedule upon evicting first group of defendants and for declaring that the kabala described in the 4th schedule is fraudulent, fabricated, illegal and void and not binding on the plaintiffs.    ...... High Court Division of the kind call­ing for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 838. ..

Category: Property Law | Date: | Hits: 23

Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)

....dismissing the same. 2. The suit was filed seeking declaration of title and khas possession and for the further relief that the auction sale in cer­tificate case No. 615 BK of 1981-82 is fraudulent and void. The appellate Court upon allowing the appeal decreed the suit and thereupon di...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ..

Category: Property Law | Date: | Hits: 22

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....as defendants contested the suit. They denied the plaintiff's case about the creation of the waqf by Ismail Gazi and contended inter alia, that the waqfnama is vague, fabricated and ante-dated and fraudulent document which was not executed by Ismail Gazi. Their case is that Ismail Gazi was confi......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..

Category: Trust/Waqf Law | Date: | Hits: 171

Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)

....1363 to 1369 B.S. In Chaitra, 1370 B.S. the Tahsildar refused to accept rent from him on the ground that the suit land was recorded in the name of defen­dant No. 1. The plaintiff came to know of the fraudulent recording then and, therefore, filed the aforesaid suit. 5. The suit was contested by......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..

Category: Property Law | Date: | Hits: 37

Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)

....e amount with interest and for release the part of mort­gage property free from mortgage and from all encumbrances but the Bank authority having failed to consider the application of the petitioner, fraudulent­ly instituted the Title Suit against the defendants and as such the trial Court was just......e leave-petition.  In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ..

Category: Banking Law | Date: | Hits: 85

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

....s­action by executing registered documents in favour of the defendant’s predecessor-in-interest but they did not do so. They also asserted that the solenama filed in Title Suit No. 102 of 1958 was fraudulent and the plaintiffs did not acquire any interest in the suit property by virtue of the kab...... cogent reason to interfere with the same. Both the appeals are, therefore, dis­missed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..

Category: Property Law | Date: | Hits: 34

Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)

....29.11.1992 informed the Collector of Customs and the Chairman of National Board of Revenue, Dhaka that M/s. Rahman and Company in connivance with Assistant Collector, Abul Khair Bhuiyan and others fraudulently avoided payment of VAT to the Government showing alleged destruction of foreign raw ma......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..

Category: Criminal Law | Date: | Hits: 41