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ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....he suit. 4. The trial Court dismissed the suit on the finding that the plaintiff being out of possession the suit is not maintainable and moreover found the kabala of the plaintiff as forged and fraudulent. 5. The Appellate Court below, however, reversed the judgment and came to the findin......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....mischief of law. It was also denied that Shashi Bhusan had left any property anywhere except the suit land at Feni. The plaintiffs' sale deeds purportedly executed by Hemendra were also challenged as fraudulent transactions without any consideration in that Hemendra was not in Bangladesh at the purp......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....ndant No.1, for a paltry sum of Rs. 17,517/- though this property valued over of lakhs of rupees. The plaintiff bank, represented by the Official Liquidator, alleged that the two lease deeds were fraudulent and collusive executed by N. L. Sinha who had no authority to transfer any property of th......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
.... and possession to the suit properties and also for declaration that the compromise decree obtained in Title Suit No. 107 of 1966 in the 4th court of Subordinate Judge, Dhaka on 20 August, 1966 was fraudulent, void and not binding upon them. Prayer for permanent injunction restraining the d......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....tion or object of an agreement is lawful, unless- it is forbidden by law, of; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or Involves or implies injury to the person or property of another; or the Court regar...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....rent dates for the purpose of the business and instead of depositing the amount in the account of Linkers Enterprise under the ownership of the complainant in Uttara Bank, Khulna, the accused No. 1 fraudulently beyond the knowledge of the complainant opened up another account in the name of Linker......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ded an order to this effect, but thereafter the decree-holder filed an application stating that his earlier statement as to satisfaction of the decree had been obtained by "coercion and fraudulent misrepresentation" by the judgment-debtor. On the other hand, in the Lahore case as......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....78 of the same Court for a declaration that the aforesaid orders dated 29.9.88 making the "so‑called" award a Rule of the Court and the subsequent order dated 10. 11.88 are illegal, fraudulent, null and void, inoperative and not binding upon the plaintiff‑appellants. &n...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....ces. 10. In fact the learned Judge has not reversed the finding of fact of the trial Court with regard to Ext. A He held that having found the partnership a collusive and fraudulent document the learned SCC Judge “Jumped in the conclusion that defendant No. 2 Suni......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....e merit of the final order. 6. In a lengthy judgment oh the High Court Division found that the case land was not de‑requisitioned, as the release order dated 20.2.50 (Annexure-W) shows fraudulent insertion of CS plot No. 533 by interpolation. The appellant also obtained no title to t...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....stee), that he is a citizen of Bangladesh by birth and has been living here, that the alleged deed of exchange and the power of attorney purported to have been executed by Proddyut Kumar Bose were fraudulent and not genuine and that the deed of settlement in favour of, the appellants was rightly......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....' prayed for two declarations, (a) that they have got absolute, pattani howla interest or raiyati interest in the suit land and (b) that the sale of the pattani howla in 1950 is void, inoperative, fraudulent, ultra vires and without jurisdiction and not binding upon the plaintiffs and the suit l......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....lant filed Miscellaneous Judicial case Nos. 37 and 38 respectively of 1967 for setting aside the said sales under Section 173/174(3) of the B. T. Act on 19-4-67 on the ground that decree was obtained fraudulently and there were material irregularities and/or fraud in publishing and conducting the ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....Rule issued in Civil Revision Case No. 195 of 1982 was made absolute in part. The learned Judge of the High Court Division held that the lease granted in favour of defendant nos. 1 and 2 was false, fraudulent and null and void. Though, however, the learned Judge did not set aside the auction sal......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....s a result of Government Gazette Notification No. 1524 dated 21st December 1957 and that the forest department is in possession of the suit land. Further, the documents of plaintiff-respondents are fraudulent, they having no right, title and interest in the suit land. 3. Trial Court decreed the......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
.... is that the suit land is the ancestral property of defendants Nos.1-7; that they have possessed the same from the nine of their ancestors and that the decree in Title suit No.5 of 1950 is collusive, fraudulent and not binding upon the defendants. 5. The trial court rejected the defendant's claim......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......at the document of the defendant as registered later in 1975, but the finding of fact the two Courts below was that the defendant was in possession of the suit land since 30.12.72 in pursuance of the bainanama. 8. Dr. Kamal Hossain, learned Counsel next argued that the equitable principle as laid..Category: Property Law | Date: | Hits: 118
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... written statement on 14.9.72. 3. The defence case was that there was no contract for sale between Hemnalini and S.M. Ismail and no bainapatra was executed by her and the Bainapatra was forged and fraudulent nor Ismail was given possession of the suit property though he trespassed in the suit pro......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....tantive evidence and relying on D.W. 7 who was found by the trial court hesitating while deposing the lower appellate court reversed the finding of the trial Court that the questioned document was fraudulent and without consideration. The High Court interfered with that finding and decided the i......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....an application seeking injunction against the Chairman-respondent alleging that at about the time the application for winding-up of the company was filed, the Chairman surreptitiously and fraudulently procured a trade licence in the name of "Ciproco Computers" and started a pr......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
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