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Displaying 601-620 of 643 results.
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....1983 i.e. long after the filing of the Miscellaneous case, and in the background of the said fact the High Court Division was in error in not holding that the reconveyance so made was collusive and fraudulent and that the reconveyance was made for collateral purpose with the end in view for defe...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ..Category: Property Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....8 and 199 of 1998 both of which were discharged on the ground that the petitioner could not prove fraud by any legal evidence on record though it sought for a declaration that the ex parte decree was fraudulent, void and collusive. The High Court Division further found that the petitioner was an una......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....tion under section 24 of the Non-Agricultural Tenancy Act alleging that the transfer to Ayesh Khan had become absolute as soon as the kabala was registered and that the subsequent reconveyance was fraudulent and collusive intended to defeat his statutory right of pre-emption. 12. ......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 71
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....978 that the suit land was listed as enemy property, in spite of that he obtained a kabala in respect of the same land in 1985. So, the trial Court has observed that the kabala of the plaintiff is fraudulent and the suit is barred by limitation. 8. Next, we have also noticed from the ju......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
.... in the Ekrarnama. Defendant No. 1 requested plaintiff for return of the land as per the agreement for reconveyance to which the plaintiff agreed and the agreement of reconveyance was written. But fraudulently defendant No. 1 in collusion with the scribe entered into the document another 1.00 ac......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....Title Suit No. 135 of 1979 in the same court against the same defendant-appellant for a declaration that the aforesaid compromise decree dated 19.7.77 in Title Suit No. 1 of 1977 was illegal, void, fraudulent, collusive and not binding on the plaintiffs on the allegations, inter alia, that an are......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... entry as it may think fit. This part of the provision of sub‑section (2) of section 46 is attracted, according to Mr. Ahmed, in the facts of the present case. The respondents' case being of fraudulent registration by the BCIC, the provision referred to has apparently no application. Mr. A......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
.... as plaintiff filed Title Suit No. 272 of 1986 for declaration that the ex parte decree dated 30‑5-84 passed in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka is void ab initio, fraudulent, inoperative and not binding upon the plaintiff. It was stated in the plaint that the de......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ..Category: Property Law | Date: | Hits: 56
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....defendant No. 1 obtained an ex parte decree for specific performance of contract in Title Suit No. 35 of 1971. The plaintiff alleged that the decree passed in Title Suit No. 35 of 1971 was obtained fraudulently by suppressing all processes etc. Defendant Nos. 4‑6 left the country long ago ......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....er son of Mokhlesur Rahman. He denied the possession of Mokhlesur Rahman of the Wakf land. He further denied the execution of the wakf deed and averred that if any such wakf deed were found, it was fraudulent and was, in any event, never acted upon. 4. The trial court found that there was...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....ral interested parties who were pro forma defendants in the said suit had been causing damages to the properties and had been attempting to misappropriate the said properties on the plea of false and fraudulent kabalas or exchange deeds and that the applicant defendant being Assistant Custodian of......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....as a nullity and plaintiff acquired no title. He however found possession in favour of the plaintiff. The trial court held that the decree in Title Suit No. 730 of 1962 in favour of the defendant was fraudulent and void. There was an appeal and a cross-appeal before the first appellate court. He con......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....s being that respondent No. 1, after getting control of the Rup Katha Cinema Hall due to the negligence and connivance of the Managing Director, who had been living abroad, got the said Cinema Hall fraudulently sold in auction in collusion with respondent No. 2 and purchased the property himself, ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....in Ahmed and further deed of sale dated 12-5-1975 by defendant Nos. 1 to 8 in favour of defendant No. 9 in respect of certain property mentioned in schedule “C” of the plaint was false, fraudulent, collusive without any consideration and void and to have those deeds delivered up for c...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ..Category: Property Law | Date: | Hits: 46
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
....o further declaration that sole decree dated 18-7-1934 passed in Title Suit No. 441 of 1934 and sole decree passed in Partition Suit No. 41 of 1939 and Execution Case No. 29 of 1943 are collusive, fraudulent and forged. His further case is that he was minor at the time of filing of those suits ...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ..Category: Property Law | Date: | Hits: 49
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....ount for the same insured properties was taken out by the plaintiff from Green Delta Insurance Company Ltd, but the plaintiff did not disclose this fact to the appellant and therefore, there was a fraudulent suppression of material facts causing serious breach of utmost good faith. It is evident......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....dge, Patuakhali, for partition claiming 0.3077 acres in the suit property and for a declaration that the compromise decree in Title Suit No. 145 of 1954 of the First Court of Munsif, Patuakhali was fraudulent and collusive and not binding on them. Their case, in brief, is that the suit lands, rec......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
.... of 7 children of the family are borne. The plaintiff has many houses and shops in Bogra town and he has little need for the suit shop. The plaintiff surreptitiously purchased the Suit premises by fraudulent documents although he has two big shop rooms for doing his business. On receipt of the p......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
.... “23. The consideration or object of an agreement is lawful, unless it is forbidden by law; 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......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....decision was taken following a representation made by M/s Iqbal Engineering Works. But it was never the prosecution case that Iqbal Hossain managed or manipulated the decision or obtained the work by fraudulent means. Rather, the evidence of the Investigating Officer who initiated the prosecution is......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
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