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Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... land in suit, that the plaintiffs grab the land of the Government have created papers by ante-dating the same, that the papers on the basis of which plaintiffs are claiming the land are collusive, fraudulent, fabricated and ante-dated, that at the time of last survey the land has been recorded in...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... the judgment and decree dated February 23, 1995 decreed the Title Suit No.32 of 1993 which was filed seeking declaration that the kabala described in the schedule attached to the plaint is forged, fraudulent and void. 2. The suit was filed on September 8, 1993 having been served on Septem...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....er of petitioner No.2 wherein she instructed Exim Bank to stop encashment of the FDR No. 003783/4100577-2 dated 17.01.2001 and FDR No.003826/4100619-Idated 26.06.2001.This shows that no payment was fraudulently made by petitioner No.2. The present application is a motivated one and is an attempt t......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
.... false representation and with a view to cheat and deceive the petitioner and proforma respondent No.4 made the aforesaid Bainanama and subsequently issued the instant cheque with dishonest and fraudulent intention to cheat and to misappropriate the amount. The High Court Division, after heari......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... of the plaintiff and others but the above suit abated due to the death of Kancha Mai; subsequently it transpired that Derajuddin and Rayazuddin on 24.11.1943 A.D. created a kabala in their favour fraudulently by showing the same to have been executed by Kancha Mai though they never cl...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....h Court, Dhaka to make a complaint against D.W.1 Abdul Awal Minto under section 195(I)(c) read with Section 476 of the Code of Criminal Procedure for using said deed in the suit knowing it forged and fraudulent, for criminal prosecution. 6. We have heard Mr.Rafique-Ul-Huq, learned Counsel and Mr.......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
.... Mandal, the learned advocate for the petitioner. 6. The cardinal point for consideration in this case is whether a registered deed of sale if it is not otherwise proved to be antedated and fraudulent would take effect from the date of its execution or from date of its registration. It ap......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... sale dated 29-11-76 and the above defendants are in actual and physical possession of the suit land since their purchase and the alleged agreement for sale is antedated, fabricated, collusive and fraudulent and the plaintiff did not also pay Taka 25,000 and/or tendered Taka 5,000 to the defenda...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....s instituted O.C. Suit No.116 of 1985 in the Court of the Subordinate Judge, Jamalpur for a declaration that the decree dated 9.1.84 passed in O. C. Suit No. 271 of 1982 of the said Court was fraudulent, void, inoperative and not binding upon the plaintiffs. The first defendant (respon......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
.... in suit of Anil Ranjan against Monindra Nath Pramanik and the recording of Monindra's name as tenant of the disputed land and sale set aside Case No. 319 of 1960-1961 are all managed collusive and fraudulent and that the purchase of the respondent from Monindra in 1997 is void and inoperative i......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....No. 1 did not acquire any title in the land in suit and as such transfer of the land by her in favour of the defendant Nos. 2-12 were void, that the kabalas obtained by the defendant Nos.2-12 were fraudulent. On the aforesaid finding the appellate court dismissed the appeal. 6. The contes......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....e. Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge) on 01.08.1996 for a declaration that the impugned orders of their dismissal from service are illegal, fraudulent, malafide and not binding upon them. 7. It is on record that the trial court upon ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....s. Sufia Khatun. the learned Advocate-on-Record appearing for the petitioners* submitted that in Title Suit No.202 of 1965 the plaintiff in collusion with the defendants managed to get the instant fraudulent preliminary decree behind the back of the petitioners and thereafter the same was made f......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
.... Judge, 3rd Court, Dhaka seeking declaration that the power of attorney dated 9.7.1998 executed by Benode Behari Dutta in favour of Ramesh Chandra Barman, the defendant in the above suit, is illegal, fraudulent, void, without jurisdiction and not binding upon him and also praying for an order of per......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
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Category: Civil Law | Date: | Hits: 111
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... It is also well-established that section 47 of the Registration Act is called in aid to decide the claims of two competing kabalas from the same vendor. It is designed to protect a vendee from the fraudulent operations of a vendor. This section applies when the same vendor successively transfer...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... the learned Munsif. The plaintiffs thus became entitled to fresh notices for valid and legal acquisition of the suit land. 5. Instead of issuing fresh notice the defendant-appellants formulated a fraudulent device to serve a copy of the alleged original notice under section 5(1) dated 21.6.60 pu......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....ahman predecessor in interest of the petitioners as defendant praying for declaration that the deed of heba bil-ewaz No. 7565 dated 26.05.1988 in the name of the said defendant was collusive, void, fraudulent and not binding upon the plaintiff alleging, inter alia, that the parties were closely r......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....zipur in Title Suit No. 22 of 1987 dismissing the same. The suit was filed seeking declaration that the ex parte decree dated 28.11.1981 obtained in Title Suit No. 860 of 1981 was void, collusive and fraudulent and that the plaintiff of the said suit i.e. defendant in the instant suit (Title Suit No...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....on that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the plaint is fraudulent; forged, fabricated, void, collusive and not binding on the plaintiff. 2. The pla......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
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