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Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....tiff's vendor admittedly did not file any suit for cancellation of the impugned document dated 8.8.72 within three years from the date of his knowledge (February, 1975) about the said (allegedly) fraudulent document and as such the right to sue lapsed and it does not revive after the plaintiffs ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ......atta instituted a suit being OC Suit No.297 of 1972 in the Court of Munsif (Now Assistant Judge, Sadar, Rajshahi for Specific performance of a contract against one Raghu Nandan Saha on the basis of a bainanama dated 21.5.69 and obtained an ex parte decree on 20.12.73 after causing the alleged servic..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....er. It is further stated in the reply that the blank forms signed by the respondent No.3 with bona fide belief might have been used by the respondent No.2, Managing Director with ulterior purpose. He fraudulently transferred those 400 shares to Mrs. Amir Banoo in order to achieve his personal intere......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....hereupon their heirs were substituted. Respondent, Shamsul Hoque, left Bangladesh in July 1972 and resided in Calcutta. He returned to Bangladesh in April 1977 and having heard about unauthorised and fraudulent transfer of most of his shares in the "Company" in favour of the appellant and ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
....aternessa Begum instituted the aforesaid suit for declaration of title by adverse possession and for declaration that the proceedings of Mutation and Separation Case No.29/1982‑83 is void, illegal, fraudulent and inoperative. Her case, briefly, was that she was the owner of the property in suit by....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....t ultimately sold away his entire property to other defendants who are in possession of the same. The plaintiff never proposed to this defendant to purchase the suit land and as such the suit is fraudulent, speculative and liable to be dismissed with costs. 4. The learned Subordinate Judge......t form and the same is barred by limitation. His further case is that he is the owner of the suit land and he did never enter into any contract with the plaintiff to sell out the same nor receive any bainanama from the plaintiff'. It is also alleged that the plaintiff did not cultivate the suit ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....rma defendant No. 2 has to in fact attorned to the plaintiff on 18.5.62. Defendant No. 1 obtained a decree of eviction on 28.8.62 against pro‑forma defendant No. 2 in an ejectment suit on false and fraudulent allegations. 4. Defendant No. 1 contended that defendant No. 2 was not a tenant of S...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....examined the instant criminal proceeding is not liable to be quashed. It is urged that as the appellants committed the offences long before the malafide institution of the Civil Suit and the disputed fraudulent kabalas in their originals have not yet been filed in Court, the provision of section 195......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....5. B.S, benamidar of the said Rajendraand Khirod. Thereafter Rahimuddin, Reazuddln and Gaisuddin took settlement of the said land from Rajendra and Khirod on the 7th Baishak, 1333 B.S. by executing a fraudulent Kabuliat in the name of Kinu Bhuson and subsequently surrendered the said land by a deed ......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
.... order to see whether the said complaint pctitiba on its face discloses the offence of cheating. In paragraphs 3 and 4 of the complaint petition the opposite party alleged that the accused petitioner fraudulently induced the complainant to supply goods by issuing postdate cheques giving false pro&sh......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
....minal case of the present petitioner till disposal of the Title Suit No.48 of 1973. 3. The petitioner submits that the prayer for stay which was made by the Opposite party was mala fide and with fraudulent intent only to defeat the criminal case and that the petitioner will suffer injustice by ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... while deciding issue No.1 this issue was not pressed before the trial Court. Apart from that in this suit the plaintiffs have prayed for a declaration that the bainanama and sale deed are forged and fraudulent documents inasmuch as those were not executed by them and in fact it means the documents ......Sadar, Chittagong in Other Suit No. 109 of 1965. 2. The respondent Nos. 1-3 as plaintiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for declaration that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are forged, illegal and n..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......(defendant No.1) Sudhangshu Bimal Das son of late Sreemanta Ram Dey as sole owner and proprietor in possession of the schedule property to the extent of 16 annas agreed to sale the suit property by a bainanama dated 24.4.75. In the plaint it was also claimed that defendant No. 1 also gave him posses..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....the defendant No.1 on their asking leased out to them plot No.1292 of khatian No.66 and executed a patta on 28.2.45 as to plot No.1292 and delivered possession to them and in the said patta defendant fraudulently inserted the plot No.1290 and 1291 of Khatian 65 covering the area of 2.46 acres instea...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
.... Copurt, Rangpur. 2. The plaintiffs brought the suit for setting aside the ex parte preliminary decree passed against them in a partition suit on the ground that summons were not served but were fraudulently suppressed. The defendants asserted due service of summons on the plaintiffs. ......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....r petitioners filed an application on 23.3.82 under Order 1 Rule 10 C.P.C. that the plaintiffs of the said suit in connivance with the defendants have collusively filed the said suit with a fraudulent design to defeat the claim of pre-emption of the petitioners, that the plaintiffs are not......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....oneous record of rights, the defendant No.13 and Hashem Ali, the predecessor of defendant Nos.14-21 took pattan of some portion of the suit land from the defendant No.1 and created some collusive and fraudulent papers. In fact neither the defendant No.1 nor the defendant Nos.13-21 have any right, ti......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....58 and delivered possession to them. Since their purchase, the plaintiffs have been possessing the suit land. The land has been wrongly recorded in the name of the previous owners. The defendant No.6 fraudulently auction purchased the land on 7.11.62 in certificate sale in pursuance of the Certifica......nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163 ..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
.....78 the petitioner No.1 has been removed from the Board on the ground that he failed to attend 3 consecutive Board meetings. The petitioners contend that the said Board meeting is illegal, mala fide, fraudulent and not binding on the petitioner No.1. The petitioner No.1 since then has not been infor......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4