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Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....; The respondent No.9 and the petitioner filed the suit for declaration that the ex parte decree passed on 13-7-1982 in Other Class Suit No. 1379 of 1980 in favour of the respondent Nos. 1-8 is void, fraudulent and not binding upon the plaintiff and described the suit land in schedule 'Kha' to the p......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....The suit was filed for specific performance of the contract for sale of land for further relief by way of declaration that the sale deeds by the defendant No. 1 in favour of the defendant No. 2 are fraudulent, void, and collusive and not binding upon the plaintiffs. 2. PlaintiffR......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ...... 169 of 2001 against the respondent Nos. 2 to 5 praying for decree for specific performance of contract directing the defendant-respondent Nos. 2 to 4 to register and execute deed of sale pursuant to bainanama dated 20.08.1999 executed by them in favour of the plaintiff-respondent No. 1. The defenda..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....The defendant No.46 has got a substantial interest in the suit property which she has inherited from her father. But unfortunately the plaintiff and the defendant No.1 to 30 by filing a collusive and fraudulent solenama took the entire property without leaving anything for the defendant No.46. Thus ......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....‘9‑1972 is ordered to be returned to the plaintiff by the defendant No. 1 ‑ Bank and that the memorandum of deposit of the alleged title deed dated 17‑3‑1988 is forged, colourable, illegal, fraudulent and inoperative. 7. An appeal therefrom at the instance of the defendant No. 1 petit......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
.... Nirmal Chandra Dutta instituted the suit for declaration that the compromise decree dated 18‑9‑1991 of the learned Subordinate Judge, First Court, Comilla in title Suit No. 82 of 1982 is fraudulent, collusive, illegal, void and not binding upon him. The aforesaid plaintiff filed the sai......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....d the defendant Nos. 4‑12 and they have been possessing the same and 0.30 acres of land of Plot No. 418 has been correctly recorded in the names of defendants. The auction purchase is collusive fraudulent and illegal. 5. We have heard Mr. Md. Nawab Ali, the learned Advocate‑......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....have committed offence under section 17 of the Securities and Exchange Ordinance and prayed for punishment under section 24 of the said Ordinance stating, inter alia, that the accused was involved in fraudulent activities during the month of July to December, 1996 within the mischief of section 17 o......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....sion. Finally, Mr. Ahmed submits that the High Court Division erred in taking the view that the petitioner obtained possession of the suit property and the documents of title on 31.8.84 through fraudulent misrepresentation and that he wanted to continue in possession along with the title docum......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....and registered on 6.4.1981 Plaintiff Bank exercised ownership and acts of possession on leased out suit property. Plaintiff Bank constructed staff and officers quarters. Suit property was wrongly and fraudulently recorded in State Acquisition Khatian in S.A. Plot Nos.8705 and 8707 in the name of one......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....ion of an order of status quo would not become invalid although party violating such order would expose themselves to legal action. For such violation document cannot be declared void or illegal or fraudulent or collusive when the allotment was made upon due compliance of the procedure for allot......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....iron safe. His further case was that the instant application for succession certificate has not been filed by the appellant but same has been filed by his alleged attorney Mr. Lutfor Rahman Sarder fraudulently and for grabbing the property and, as such, the application was liable to be dismissed......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....ified copy of the said judgment and decree of the above suit was ever obtained from the Court of the District Judge, Khulna, and that the certified copy of the judgment and decree were all forged and fraudulent. The Additional Deputy Commissioner, Revenue referred the matter to the District AntiR......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......pleadings and depositions in Court are self contradictory. The learned Advocate further submits that the High Court Division failed to take into consideration that the plaintiff failed to prove the bainanama in accordance with law and, as such, the impugned Judgment and decree is liable to be set ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....ffence under section 17 of the Securities and Exchange Ordinance and prayed for punishment under section 24 of the said Ordinance. The allegation against the accused was that they were involved in fraudulent activities in the year 1996 during the months of July to December within the mischief of......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....er of credit are not subject to claims or defences by either the seller or the buyer. The only exception to this strict rule is the knowledge of the bank that the documents presented are forged and fraudulent. 10. From the above discussion we come to the conclusion that with the esta......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentation or undue influence etc has no legal effect and the Court or the Tribun......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....fendant that neither he nor his brother executed the deed of exchange in the form of irrevocable power of attorney and that the alleged deed of exchange in the form of power of attorney is forged, fraudulent and fabricated and that the plaintiffs were never the owners and possessors of the prope......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....ant Judge Sherpur, Bogra praying for a declaration that judgment and decree passed in earlier Title Suit No. 60 of 1989 and further proceeding of Other Execution Case No. 1 of 1998 are void, illegal, fraudulent and without jurisdiction. The plaintiff of this suit moved the executing court and prayed......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121