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Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
.... 2. The plaintiff-petitioners, along with others, filed the above Title Suit No.515 of 1983 for declaration that the two ewaznama deeds as described in the Kha schedule to the plaint are forged, fraudulent, void and not binding upon them on the averments that Golak Sarder and Ramgati Sarder we......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..Category: Property Law | Date: | Hits: 33
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... 3. On 54-1993 Ranjit Kumar Ghosh filed Title Suit No. 4 of 1993 in the Court of the Assistant Judge, Kumarkhali for declaration that the kabala deed No. 4129 dated 30-6-1992 is forged, collusive, fraudulent and not binding upon him. The said suit was dismissed on 20-1-1993. In the said Title Sui...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..Category: Criminal Law | Date: | Hits: 63
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....ppellant Nos. 2 to 10 is found available in the file and that from the facts and circumstances appearing in the record, it appears that entire proceeding initiated in the names of the appellants is a fraudulent attempt to grab the shares illegally and, as such, according to Mr. Huq, there is no ille......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ..Category: Business or Commercial Law | Date: | Hits: 114
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....o 30 March 1977 sold the land to him (respondent) and delivered its possession. He then made new constructions on the land; but in June of that year, he came to know that the appellant had obtained a fraudulent kabala dated 7 May 1977, registered on the following day, from Mohesh Chandra Saha's so......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....ff-respondents against the same defendant-appellants seeking declaration of title in the same suit land and whether in view of the pendency of the earlier suit between the parties the allegation of fraudulent suppression of summons adds a new dimension to the case. Leave was also granted to consid.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....ide and, 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 petition on the ground of fraudulent misrepresentation and Mr. Mahbubur Rahman, the learned Counsel for the petitioner in Civ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....fendant No. 1 and in favour of the plaintiffs on taking deposit of the balance consideration money, c) that the defendant No. 1 be restrained by an order of temporary injunction from creating any fraudulent, forged document till the disposal of the suit, d) that the cost of the suit be decreed......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....visional and tahsil copies of records modified under section 46 of the Act, holding-wari rentrolls and Register II, and making such other enquiries as he considers necessary, direct excision of the fraudulent entry, and his act in according so being a ministerial act, shall not be open to appeal.......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....g obtained against a dead man by practising fraud upon the court and by suppression of the process of the court may be passed. (c) that a decree declaring that the auction sale was irregularly and fraudulently held and as such it was null and void may be passed. 4. Plaintiffs' case, briefly, i......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....laintiff was never known as Sachindra Mohon Roy and the deeds standing in the name of Ali Ahmed Khandker and Wali Mohammad Siddiqui were brought into existence by way of forgery and by the forged and fraudulent deeds no right, title and interest accrued to Ali Ahmed Khandker and Wali Mohammad Siddiq......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....ned Counsel appearing for the petitioners submitted that High Court Division relying on the letters dated 28.1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents created by one R.K. Shah for using the same in the ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....roperty and as such the said land has vested in the Government, that R.S. record has been prepared in the name of the Government, that the Exchange deed and Power of Attorney are forged, fraudulent and fabricated and the said documents are antedated documents, that the......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....ndent No.3 for sale of his 5000 shares of Tk.100/- each and the sale was within the knowledge and consent of the respondent No.7 and Mr. Md. Shamsul Hoque. Mr. Md. Shamsul Hoque by making false and fraudulent misrepresentation that they had 30% of the issued shares in the company entered into an......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 109
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....he plaintiff No.1 and defendant Nos. 4-6 of the instant suit, that the plaintiffs or their predecessors did not settle the land in suit to the defendants, that the plaintiffs came to know about the fraudulent decree obtained by the defendant Nos.1 and 2 in title Suit No.206 of 1976 on 15.10.1976......ground of the discussions 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 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....5 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned District Judge, Kushtia is fraudulent, void and not binding upon them and for declaration that the suit property is not veste......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....1984 but they showed an amount of only Tk.85,975/- as stamp sale proceeds for the aforesaid period and thus both the accused in collusion with each other misappropriated the sum of Tk.43,447.25 by fraudulent means and breach of trust. On the basis of the aforesaid FIR, Dinajpur PS. Case No. 10 ......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 35
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
.... their purchased land, that they are trying to create certain ante-dated forged documents in support of their claim and that if the defendant Nos.1 and 2 submit any such document must be fraudulent, forged and not binding on the plaintiffs, that Prabhat Chandra Shil the vendor of the d......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
.... company's packing they became manufactured products of the company and were liable to excise duty; that the term "Manufacture" has been defined widely in the Excise and Salt Act, 1944 to exclude fraudulent attempt at evasion of excise duty by big and mechanised companies; that the respondent ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....t while he was serving as a Branch Manager at Rajshahi Medical College Branch he was placed under suspension on 2.11.77 by the order of the regional office on the allegation of his involvement in fraudulent activities and defalcation of bank money while he was posted at Sirajganj branch as a Led......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..Category: Employment/Service Law | Date: | Hits: 98
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Dhanmondi P. S. Case No. 42 dated 15.10.1997 was started against the first party respondent and others. It is averred that second party petitioner sold the property to one Akram Hossain execution a bainanama in his favour and also granting a power of attorney and that aforesaid Akram Hossain befo..Category: Procedural Law | Date: | Hits: 154
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