: High Court Division Full List
 
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Case Number Parties Short Description
2
Abu Taber and others. -Versus- Newtex Group of Companies and others.
This court is of the considered view that - i) A composite application under section 43 of the Companies Act, 1994 is not rendered incompetent merely because it concerns the registers of different companies and the impugned transfers are evidenced by separate instruments, where the claims arise from a connected series of transactions and involve common questions of law or fact founded upon the same underlying transaction or event. While the relief under section 43 must be separately directed to the register of each company, the connected claims may, in appropriate circumstances, be adjudicated in one proceeding where separate proceedings would substantially involve the same evidence and foundational issues or risk inconsistent findings. ii) Section 43 of the Companies Act, 1994 confers a wide jurisdiction upon the Court to rectify the register and, where necessary, to determine the title of a party to the proceeding; however, the jurisdiction is directed towards determining whether rectification is justified and does not require the Court to finally adjudicate every complex dispute concerning contracts, succession, minority, fraud and competing proprietary claims. A succession certificate relating to shares operates within the statutory scheme of Part X of the Succession Act, 1925, and shares constitute securities for the purposes of that Part. iii) Where a company deals with the holder of a succession certificate in good faith, sections 381 and 386 of the Succession Act afford statutory protection to such dealings, notwithstanding the subsequent revocation or supersession of the certificate, where the statutory conditions are satisfied. Subsequent revocation of a succession certificate does not, by itself, retrospectively establish that every transaction undertaken while the certificate was operative was void or that the register of members must consequently be rectified. iv) The absence of a fixed limitation period in section 43 does not make delay irrelevant. Where substantial delay is accompanied by the accrual of third-party rights and long-standing corporate entries, such circumstances may legitimately weigh against the discretionary relief of rectification. v) Where the relief sought under section 43 substantially depends upon cancellation or invalidation of old instruments and upon the determination of complicated questions involving persons who are not parties to the proceeding, the Court may appropriately decline rectification without adjudicating those substantive claims finally. vi) Refusal of rectification under section 43 does not, by itself, extinguish any independent substantive right which a claimant may have against a person who has unlawfully received property or consideration. Such rights remain subject to determination in an appropriate proceeding in accordance with law, consistent with section 387 of the Succession Act.
3
Khandakar Istiak Ahmed and others -Versus- Alhaz Md. Abdul Aziz Dhali and others
The principle of functus officio is decision-specific, and the bottom line is judicial economy as well as the finality of litigation. Thus, a Court, having finally determined a particular matter, ordinarily becomes functus officio with regard to that determination; nevertheless, its jurisdiction is not thereby exhausted in respect of other matters in the proceedings, including execution or enforcement and such ancillary or further proceedings as may be expressly sanctioned by statute. The principle admits of limited exceptions where the impugned decision was made in excess of or without jurisdiction, is patently illegal, or was obtained by fraud.
4
DRY BULK Shipping (PVT) Ltd. Vs. Bangladesh Chemical Industries Corporation and others.
Suit dismissed
5
Fazila Khatun and others.-Versus- Bangla Eastern Industries Limited and others
Allowed
6
Fazila Khatun and others.-Versus- Bangla Eastern Industries Limited and others
Dismissed
7
Square Pharmaceuticals Ltd. and anothers vs Md. Taizuddin and others
Disposed of
8
The State ...petitioner -Versus- Md. Ameer Hossain ...condemned-prisoner
In view of the discussions made hereinabove, we find no ground to accept death reference. Accordingly, the reference is rejected. The criminal Appeal is allowed and the Jail Appeal is disposed of. The judgment and order of conviction and sentence passed by the Tribunal against the condemned-prisoner is hereby set aside and he is acquitted of the charges levelled against him.
9
The State .....petitioner -Versus- Md. Suruz Ali .....condemned-prisoner
In view of the discussion made hereinabove, the reference is rejected. The criminal appeal is dismissed but the sentence of death awarded upon the condemned-prisoner is commuted to imprisonment for life with fine. The condemned-prisoner will get the aid of section 35A of the Code of Criminal Procedure in calculating his sentence. The jail appeal is accordingly disposed of.
10
Agrani Bank Limited (now PLC) Vs. M/S Yanbar Agro Products Industries, Dhaka
Ratio 3: Deterioration or destruction of secured goods does not, by itself, establish negligence or breach of duty by the lender. A claimant seeking compensation must prove the specific legal or contractual duty owed by the lender, the particular breach thereof, the direct causal connection between that breach and the loss, and the legally recoverable quantum of such loss. Where the borrower retained physical possession and control of the goods, sections 151 and 152 cannot be invoked merely because the lender held a security interest over them.

Ratio 4: A contractual allocation of risk concerning loss, damage or deterioration of secured goods is not rendered void under section 23 of the Contract Act merely because it operates to the disadvantage of the borrower, particularly where the borrower retained possession of the goods. Section 152 itself recognizes the relevance of a special contract. However, no contractual term can override a mandatory statutory duty or immunize a party from an otherwise established breach of such duty. The Blue Pencil Rule is a doctrine of severability and cannot be employed to rewrite the parties` contract or create a duty which the contract and law do not otherwise impose.
11
Sree Roton Kumar Biswas and another Vs. Sree Dilip and others
Suit for declaration of title
12
Haji Md. Jouynal Abedin Vs. Md. Shah Alam alias Shah Alom Howlader and others
Suit for declaration of title
13
Md. Rowshan Khan Sagor Vs. Most. Gul Nahar Begum and another
Plaintiff filed a title suit for a decree of permanent injunction
14
Md. Azibor Rahman and others Vs. Most. Hena Rahman and others
Suit for recovery of possession by evicting the defendants
15
Din Islam Sikder Vs. Afroza Begum and others
Suit for Specific Performance of Contract
16
Kartick Chandra Saha -Vs- Government of the People`s Republic of Bangladesh Represented by the Deputy Commissioner, Tangail and others
Absolute
17
Subir Mondal and others- Vs- Sanjoy Mondal @ MoIllick
Discharged
18
Md. Saiful Islam @ Pavel -Vs- Bangladesh represented by the Secretary, Ministry of Law
Discharged
19
Midland Bank Limited Vs. M.V. KALAMATA TRADER and others.
Application is allowed in modified form.
20
Chittagong Eye Infirmary and Training Complex (CEITC) Vs. Imperial Hospital Limited and others.
Dismissed
21
Md. Shah Jahan Vs. RJSC and others
Disposed of
22
Divine Cold Storage Limited Vs. RJSC
Allowed.
23
Divine Cold Storage Limited Vs. RJSC
allowed
24
Modhumoti Bank PLC Vs. RJSC
Allowed
25
Md. Omar Faruque ……. Petitioner Vs. Bangladesh and others …Respondents
Absolute
26
Govt. of Bangladesh represented by the Deputy Commissioner, Narsingdi, District- Narsinngdi. ……. Petitioner Vs. Md. Osman Mia being died his legal heirs. ……Respondents
Discharged
27
Md. Golam Mostafa ……. Petitioner Vs. Govt. of Bangladesh represented by the Senior Secretary, Ministry of Public Administration, Bangladesh Secretariat, Ramna, Dhaka and others ……Respondents
Discharged.
28
Jamuna Fertilizer company Limited Represented by the Managing Director ……. Petitioner Vs. Govt. of Bangladesh represented by the Secretary, Ministry of Labour and employment, Bangladesh Secretariat, Ramna, Dhaka. ……Respondents
Discharged
29
Md. Jahidul Islam ……. Petitioner Vs. Govt. of Bangladesh represented by the Ministry of Law and Justice Division and others ……Respondents
Discharged.
30
Md.Fazlul Karim and another ……. Petitioners Vs. Govt. of Bangladesh represented by the Secretary, Ministry of Educationand others ……Respondents
Discharged.
31
Md. Muzammel Haque ……. Petitioner Vs. Govt. of Bangladesh represented by the Secretary, Ministry of Educationand others …Respondents
Absolute
32
Kazi Mohammad Moazzam Hossain ……. Petitioner Vs. Govt. of Bangladesh represented by the Ministry of Law, Justice and parlimentary Affairs, Dhaka. ……Respondents
Discharged.
33
Md. Tariqul Islam ……. Petitioner Vs. Govt. of Bangladesh represented by the Secretary, Ministry of Power Energy and Mineral Recouse, Ramna, Dhaka and others …Respondents
Absolute
34
Md. Nasir Uddin ……. Petitioner Vs. Govt. of Bangladesh represented by the Secretary, Ministry of Law, Justice and parlimentary Affairs, Bangladesh Secretariat Building, Ramna, Dhaka and others. …Respondents
Discharged
35
Kazi Mohammad Moazzam Hossain ……. Petitioner Vs. Govt. of Bangladesh represented by the Ministry of Law, Justice and parlimentary Affairs, Dhaka. ……Respondents
Kazi Matter
36
SQ Birichina -Versus- Mercantile Bank PLC, Gulshan Branch, Gulshan, Dhaka and others
This First Misc. Appeal is dismissed.
37
Jannatul Ferdous -Versus- Samina Sabiha (Ria) and others
This First Appeal is allowed.
38
Md. Mofiz Ali ...Convict-Petitioner. -Versus- The State and another ... Opposite Parties.
The Rule is disposed of
39
Md. Wali Ullah Patowari ...Convict-Petitioner. -Versus- The State and another ... Opposite Parties.
The Rule is disposed of
40
Most. Rubina Yeasmin ... Convict-Petitioner -Versus- The State and another ...Complainant-Opposite Parties
The Rule is discharged
41
Niko Resources (Bangladesh) Limited -Versus- The People’s Republic of Bangladesh, represented by its Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others
The Rule is made absolute.
42
Md. Bashir Miah Versus- Mst. Ajhara Akter Koli and others
This First Appeal is allowed.
43
Auto Star Trade … Petitioner -Versus- Commissioner of Customs, Customs House, Mongla, Bagerhat, Bangladesh and others. … Respondents
Disposed of
44
The State ..... petitioner -Versus- Md. Hitu Sheikh alias Etu Sheikh ..... condemned-prisoner
In view of the discussion made hereinabove, the reference is accepted. The judgment and order of conviction and sentence of death passed by the Tribunal is hereby upheld. Accordingly, the criminal appeal is dismissed and the jail appeal is disposed of. But in the evidence of witnesses, we find that the defence very casually cross-examined the prosecution witnesses which is very unwanted. The accused was charged with rape followed by murder which provides capital punishment. In such a case, if the accused is found unable to engage a competent Advocate to defend him, in that case the Court may on its own initiative can appoint an experienced Advocate to defend the accused.
45
Government of Bangladesh and others -Versus- Afsaruddin Beg and others
A doubtful, unproved or legally infirm document cannot constitute the juridical foundation of title, and, in the absence of a prima facie title, an adverse entry in the record-of-rights, even if alleged to be erroneous, cannot ipso facto confer upon the plaintiff any declaratory or possessory right. Qui sentit commodum, sentire debet et onus (i.e., he who enjoys the benefit must also bear the burden) has no application to create a proprietary right where its legal source itself remains unproved.
46
Nilima Yasmin and another Vs. Supermax Healthcare Ltd. and others.
Allowed.
47
JG Facility Management Limited Vs. The Registrar of Joint Stock Companies and Firms and others.
Allowed
48
M/S Moushumi Traders, its Proprietor Md. Nazmul Hasan, son of Siraj Ullah Bhuiyan and others.-Vs-Judge, Artha Rin Adalat No. 1, Dhaka and others.
Discharged
49
Md. Roman Bhoyan …..Petitioner -Versus- Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People`s Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and others
Relating to passport of former Hon`ble Judges of the Supreme Court of Bangladesh
50
The Commissioner of Taxes, Taxes Zone-1, Chattagram vs Confidence Cement Ltd., Chattagram
The first question was decided based on the non-obstante clause of sub-section (1) of section 82C of the Income Tax Ordinance, 1984. Tax deducted at source (TDS) under section 53 of the Ordinance, on the import of goods by an industrial undertaking as raw materials for its own consumption (such as a cement factory), shall be assessed as regular source of income instead of under section 82C. Conversely, TDS under section 52 read with rule 16 shall be assessed under section 82C of the Ordinance. The second question was decided on the basis that the reduction and deletion of disallowances of claimed expenses, as well as the reduction of estimated sales are purely factual matters involving no complex question of law. Therefore, we are of the view that we should not disturb the factual findings legally settled by the Tribunal.
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