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Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....n on the head of Malati, the appellant pretended to have married Malati. Such a consent, if any, must be, within the 5th proviso of section 375 of the Penal Code, and presumed have been obtained in a fraudulent way. But it has been concluded that there was no reliable evidence of exchange of gar......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....h from such stage as he may direct. Pursuant to a complaint or on receipt of an official report the Revenue Officer with the additional Designation of Settlement Officer has jurisdiction to correct a fraudulent entry in the record-of-rights upon consulting the relevant records and making other inqui......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....etitioner to adduce evidence and rejection of the application under Order XXI, rule 83 of the Code are also illegal and without lawful authority. The Decree Holder Bank is therefore submitted to have fraudulently published the auction notice, conducted auction sale and illegally amended the schedule......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......-11-1989 receiving Taka 2,000 as baina money. The defendant also received Taka 3,000 on 23-1-1989, Taka 5,000 on 4-4-1991 and Taka 5,000 on 10-6-1991 by acknowledging the same on the back page of the bainanama. She repeatedly requested the defendant No. 1 to execute the sale deed accepting the ..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)
....nt petitioners and opposite parties No. 3-40 impleading them as defendants praying for declaration of title and further declaration that the deed of exchange Nos. 22 and 23 dated 2-1-1971 are forged, fraudulent, collusive and not acted upon contending inter alia, that the suit land appertaining to C......ule stands vacated. Communicate the judgment and order immediately and send back the lower Court's record at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 259 ..Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10
Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)
....ect that in this suit for specific performance of contract where the alleged contract (the bainapatra) has been denied by the contesting defendant No. 1 and has also been termed as a forged one and a fraudulent creation of the plaintiff, the Court, before passing a decree, ought to have been sat......ot respond to that legal notice also and thus the plaintiff has been compelled to file the suit. 3. The defendant Nos. 1 and 2 contested the suit by filling written statement denying the alleged bainanama. Their case is that the defendant No.1 purchased 0.0168 ajutangsa land from Shahana B..Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10
Yunus (Md.) Vs. State & another, 2014, 43 CLC (HCD)
....he bhaban to the authority by constructing the same in time as per work order. Accordingly, failure to perform the work as per work order by the contractor in a way of his business as an agent taking fraudulent mensrea to deceive the Government amounts to an offence of criminal breach of trust...... Let the lower Court's record along with a copy of this judgment be sent down to the concerned Court below at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 97 ..Category: Criminal Law, Procedural Law | Date: 13 Aug, 2014 | Hits: 8
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....994, for declaration of title in respect of 5.09 acres of land and for further declaration that the compromise decree passed in Title Suit No. 173 of 1994, by the learned Subordinate Judge, Khulna is fraudulent, inoperative, void and not binding upon the plaintiff and also for further declarati...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)
....ncle to look after and manage his business in the aforesaid shop and registered a power of attorney on 14-3-1981 for the said business. The plaintiff came to know that defendant No.1 has created fraudulent sale deed in favour of his wife defendant No.2 in respect of the suit shop by execution a......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ...... suit land devolved upon his brother, Kalipada Chakraborty. Aparna Chandra died leaving behind only son, Badal Chakraborty, defendant No.2. Thereafter, Badal Chakraborty executed a contract for sale (bainanama) of his eight annas share of land in schedule-1 to the plaint on 31-12-1963 in favour of A..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....hers and obtained decree on 22-11-2010. Subsequently, he filed Title Execution Case No.1 of 2011 and got possession in the suit land through Court. The deed of 3rd party-respondent No.1 is forged and fraudulent. The plaintiff-petitioner got the decree after long eight years of filing of the suit for......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....r insufficiency of fund and there is no ambiguity in the section to interprete it otherwise in view of the legal position that the main issue is the dishonour of a cheque by the bank due to fraudulent action of the drawer and if the view taken by the High Court Division that payment stoppe......nafter referred to as the respondent) received Taka. 10,00,000 as earnest money out of total consideration of Taka 29,25,000 to sell the land measuring 2.14 ½, 2.145 acres and executed a "bainanama". He issued a public notice through his lawyer in a daily newspaper on 14-11-199..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....of gift (heba) in favour of his son in respect of some land out of the said 0.86½ acres of land shown to have been returned to the plaintiffs. The plaintiffs having come to know about the said fraudulent acts filed Title Suit No. 44 of 1997 in Third Court of Assistant Judge, Gazipur for cance......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....t July 24, 2013 Result: The application is allowed Unlawful Gain was Fraudulent and the Illegal Exdebito Justitiae The entire transaction of the landed property was fraudulent and the illegal and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates ......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ......red into a contract to purchase the schedule property from the said power of Attorney holder namely, accused Md. Alam Khan, and the informant also collected certified copy of the said registered bainanama dated 9-8-2007. It is alleged in the FIR that the accused-petitioner not only also entered..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....0.93 acre of land to Alfat Bepari from plot No.158 by a registered deed of sale dated 23-2-1922 and handed over possession thereof. The registered deeds of sale dated 8-3-1926 and 2-3-1948 are false, fraudulent and ineffective. Alfat Bepari died leaving behind seven sons and two daughters; they inhe......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
.... documents including the deed of agreement dated 29-12-2002 and the legal notice; on going through the documents supplied to their learned Advocate, the plaintiffs became sure that those were created fraudulently in a very tactful manner (অত্যন্ত সুকৌশলে). An officer of t......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....ading Peerzada Abul Quashem, Md. Hasnain Siddiqui and Satinath Bandapaddhaya as opposite parties for correction of record in respect of the same plots of land as mentioned hereinbefore. This was a fraudulent endeavour behind the back of said Moqbul Ahmed and others. The miscellaneous case was tw......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12