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1

Company Matter 242/2020
(Company Matter 242/2020)

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Uploaded on : 13-OCT-26

Wilmington Trust Company. -Versus- HG AVIATION LTD. Regent Airways and others.

In exercising its winding-up jurisdiction, the Court must have due regard to the interests of the company as well as those of its creditors. Winding up is undoubtedly a serious remedy and ought not to be ordered where a debt is disputed on substantial and bona fide grounds or the company is experiencing a temporary commercial or financial difficulty. The position, however, is materially different where the debt is established and admitted by the company, remains unpaid, and the company has failed to honour an agreed arrangement/ schedule for its payment. In the present case, the respondent-company has not only acknowledged its liability towards the petitioner but has also entered into an arrangement for payment of the outstanding dues, which it subsequently failed to honour. Its own pleadings further disclose substantial outstanding liabilities to other creditors. In these circumstances, the mere assertion of a possibility of future investment or an improvement in the company’s financial position, without any concrete evidence demonstrating a present or reasonably certain ability to discharge its existing liabilities, cannot by itself constitute sufficient ground for withholding the winding-up order.

2

Company Matter 442/2022
(Company Matter 442/2022)

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Uploaded on : 13-OCT-26

A.F.M. Shahidul Islam Mamun -Versus- Sigma Fashions Ltd. and others.

Winding Up: The Companies Act 1994: i. Mere non-payment of a claimed amount does not invariably establish commercial inability to pay debts. Particularly where the underlying liability is itself bona fide disputed, non-payment cannot, without more, be treated as proof of insolvency or inability to pay within the meaning of section 241(v). ii. The winding-up jurisdiction cannot properly be converted into a forum for deciding such disputed contractual claims. The materials indicate that the goods were delivered to and received by the respondent-company. Such receipt is relevant to the petitioner`s underlying contractual claim, but does not, by itself, establish an unconditional liability for the entire amount claimed, particularly in view of the respondent`s allegations of delayed delivery, non-conformity of goods, consequential loss and adjustment of the claim. Those matters concern contractual liability and may be settled amicably or, failing settlement, determined by the competent forum in accordance with the parties` agreed dispute-resolution mechanism. The fact that some goods may have been delivered after the stipulated date does not, by itself, extinguish the petitioner`s claim; nor does receipt of the goods by the respondent-company, by itself, establish an undisputed debt for the purpose of winding up. iii. Where a petitioner seeks to invoke the statutory deeming provision under section 242(1)(i), compliance with the statutory requirements is essential. The demand must afford the company the period prescribed by law to pay, secure or compound for the debt to the reasonable satisfaction of the creditor. If, as appears from the notice relied upon by the petitioner, Respondent No.1 was called upon to make payment within seven days, such demand cannot be treated as a demand satisfying the statutory requirement of section 242(1)(i). Consequently, the petitioner cannot rely upon the alleged failure to comply with that notice as constituting the statutory basis for deeming the respondent-company unable to pay its debts.

3

Company Matter 157/2023
(Company Matter 157/2023)

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Uploaded on : 13-OCT-26

Sajjad Ahmed Rubel and another -Versus- C.A. Tower Ltd.and others.

Section 43 of the Companies Act 1994 i. An allotment letter, by its very nature, evidences the original allotment or contractual arrangement in respect of the flat; it does not, without more, clearly establish the nature, extent or continuance of the proprietary or shareholding rights claimed by the allottee. The petitioners are required to demonstrate not only that their names appeared in the original allotment letter, but also that such allotment resulted in, and continued to confer upon them, a subsisting and enforceable interest in the flat and the corresponding shares. ii. The allotment letter may establish the position at the stage of the original allotment, but it cannot, standing alone and without any supporting subsequent evidence of subsisting rights, be treated as clear proof of the petitioners’ present title or entitlement to the shares. To hold otherwise would be to disregard the subsequent corporate record and the conduct of the parties over a prolonged period.

4

Company Matter 155/2020
(Company Matter 155/2020)

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Uploaded on : 13-OCT-26

Shaikh Farhana Haque -Versus- Mr. Shaikh Ehsanul Haque and others

Section 43 of the Companies Act 1994 i. The jurisdiction to rectify the register is not confined merely to correcting clerical or accidental errors. Where an entry in the register is alleged to have been made without a valid corporate act or on the basis of a transaction which did not confer a lawful title to the shares, the Court may examine the underlying transaction for the purpose of determining whether the impugned entry ought to remain on the register. ii. The contention of Respondent No.1 that the petitioner waived her pre-emption rights or acquiesced in the allotment also cannot assist him unless the underlying allotment is first shown to have been lawfully made. Acquiescence cannot, by itself, validate an allotment which was not authorised in accordance with law. Nor can an entry made in the Company`s records or subsequently recorded by the Registrar become immune from scrutiny merely because it has remained on record for some period.

5

Criminal Appeal(H) 8072/2025

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Uploaded on : 12-OCT-26

Md. Shakil -Vs- The State

If the witnesses already examined are reliable and the testimony coming from their mouth is unimpeachable the court can safely act upon it uninfluenced by the factum of non-examination of other witnesses.

6

Writ Petition 17727/2017
(Writ Petition)

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Uploaded on : 12-OCT-26

Grameen Kalyan, Grameen Bank Bhaban (8th Floor), Section-2, Mirpur, Dhaka represented by its Managing Director.-Vs-The National Board of Revenue, Rajashya Bhaban, Segunbagicha, Dhaka represented by its Chairman and others.

Discharged

7

Writ Petition 14364/2017
(Writ Petition)

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Uploaded on : 12-OCT-26

Grameen Kalyan, represented by its Managing Director Mr. Md. Imamus Sultan, Grameen Bank Bhaban (8th Floor), Section-2, Mirpur, Dhaka, Bangladesh.-Vs-The National Board of Revenue represented by its Chairman, Rajashya Bhaban, Segunbagicha, Dhaka and others.

Discharged

8

Criminal Misc 33272/2010
(Criminal Misc 33272/2010)

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Uploaded on : 12-OCT-26

Ismail Hossain vs. The state

Rule is made absolute. The proceedings in Complaint Case No. 04 of 2008, under sections 406/420 of the Penal Code, now pending before the Court of the learned Chief Judicial Magistrate, Narayanganj, are hereby quashed.

9

Criminal Revision 1935/2026
(Criminal Revision 1935/2026)

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Uploaded on : 12-OCT-26

Md. Shiblu Hossain vs.The state

Rule is made absolute. The Court concerned is directed to retain only the requisite quantity of the seized rice as samples for evidentiary purposes and to release the remaining rice to the petitioner, namely, Md. Shiblu Hossain, upon execution of a bond of Tk.15,00,000/- (fifteen lakh). In the event that the alleged offence is proved, the amount secured by the bond shall be liable to forfeiture to the Government; otherwise, the bond shall stand discharged to the owner.

10

Criminal Appeal(H) 3081/2026
(Criminal Appeal(H) 3081/2026)

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Uploaded on : 12-OCT-26

Tasmim Mahid Chanchal vs. The state

appeal is dismissed. The accused-appellant is directed to surrender before the learned trial Court within 30 (thirty) days from the date of receipt of this judgment by the learned trial Court, failing which the learned trial Court shall be at liberty to secure his arrest in accordance with law.

11

Criminal Misc 51964/2026
(Criminal Misc 51964/2026)

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Uploaded on : 12-OCT-26

Rubel Kotwal vs. The State

Rule absolute

12

Criminal Misc 51852/2026
(Criminal Misc 51852/2026)

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Uploaded on : 12-OCT-26

Md. Shakawat vs. The state

Rule Absolute

13

Criminal Misc 51854/2026
(Criminal Misc 51854/2026)

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Uploaded on : 12-OCT-26

Md. Shakhawat Hossain @ Showkot vs. The state

Absolute

14

Criminal Revision 2654/2025
(Criminal Revision 2654/2025)

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Uploaded on : 12-OCT-26

Md. Rabiul Islam ... Convict-Petitioner -Versus- The State ...Opposite Party

The Rule is made absolute

15

Civil Revision 633/2009
(Civil Revision 633/2009)

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Uploaded on : 12-OCT-26

Abdur Rashid Patwri and others ........ Petitioners -Versus- Mst. Raihana Begum and others ....... opposite parties

Absolute

16

Writ Petition 12915/2024
(Writ Petition 12915/2024)

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Uploaded on : 12-OCT-26

Nahid Akthar … Petitioner -Versus- The Judge, Artha Rin Adalat, 1st Court, Dhaka and others. … Respondents

Discharged

17

Writ Petition 10505/2025
(.../)

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Uploaded on : 12-OCT-26

Prime Ship Recycling Limited and others … Petitioners -VersusThe Learned Artha Rin Adalat No. 2, Dhaka and another … Respondents

Absolute

18

Criminal Appeal(H) 6464/2024
(Criminal Appeal(H) 6464/2024)

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Uploaded on : 12-OCT-26

Nil Baran Tripura ...Convict-Appellant -Versus- The State and another ...Respondent

The appeal is allowed.

19

Criminal Revision 915/2025

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Uploaded on : 11-OCT-26

Anowar -Vs- The State

It is notable that for grievous hurt there must exist an intention to cause such a hurt or knowledge that such an action would be the natural and probable consequences causing grievous hurt; otherwise, the hurt would be a simple one to cause simple hurt only.

The benefit of doubt must be given to the accused.

In a criminal case, the allegations have no legal value unless reliable and credible witnesses testify to them, and the prosecution must prove them beyond any reasonable doubt.

20

Criminal Revision 3622/2022

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Uploaded on : 11-OCT-26

Iqbal Hossain -Vs- The State and another

Absolute based on the compromise petition.

21

Criminal Revision 6176/2024

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Uploaded on : 11-OCT-26

Mahbuba Mohammad Babon -Vs- The State and another

The demand for money is not even alleged to be made as a consideration of the marriage. Neither money nor any other property can be said to be dowry unless they satisfy the definition of dowry as under the Act.

The language of Section 4 of the Dowry Prohibition Act,1980 is clear and unambiguous, which suggests that the demand of dowry should be made to the parent or guardians of the bride or bridegroom, as the case may be, to bring a person under the dragnet of Section 4 of the Dowry Prohibition Act,1980.

22

Criminal Revision 2309/2016

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Uploaded on : 11-OCT-26

Mst. Rotna Khatun -Vs- The State

From a plain reading of sub-section (1) of section 103 of the Code of Criminal Procedure it is abundantly clear that the search by the Police must be conducted in the presence of at least two respectable inhabitants of the locality and the things which are to be seized in connection with any case are to be seized during the course of such search conducted in presence of at least two respectable local inhabitants. The requirements of sub-section (2) of section 103 read with sub-section (1) of section 103 are that the entire search from the beginning to the end must be conducted in the presence of two respectable local inhabitants and the requirements are not fulfilled if the search and the seizure have taken place either preceding the arrival of the local inhabitants or take place after they departed from the place of search. The provision relating to search and seizure provided in sub-section (1) and sub-section (2) of section 103 of the Code of Criminal Procedure are mandatory, and any search and seizure without strictly complying with the aforesaid provisions must be deemed to be illegal and as such, must be left out of consideration in a criminal trial.

23

Criminal Appeal(H) 120/2024

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Uploaded on : 11-OCT-26

Md. Rashel Uddin - Vs- The State and another

The convict appellant demanded Tk.1,00,000/- for business purpose from his wife (complainant); therefore we are of the firm view that the prosecution failed to prove that the convict appellant demanded money as dowry at the relevant time of the occurrence. Therefore, the alleged demand of money of Tk. 1,00,000/- does not fall within the purview of the definition of dowry contemplated in section 2(ঞ ) of the Ain.

24

Criminal Revision 6587/2024
(Jahor Miah -Vs- The State and another)

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Uploaded on : 11-OCT-26

“The learned Judges of the High Court Division failed to consider that from plain reading of the complaint, it is abundantly clear that it does not disclose any offense against the petitioner and that a normal financial deal between the debtor and creditor does not come within the scope of any offence and as such the impugned judgment and order is liable to be set aside for the ends of justice.”

25

Civil Revision 5219/2024
(Civil Revision 5219/2024)

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Uploaded on : 08-OCT-26

Eakub Ali -Versus- Shanzida Nasrin

The Rule 28 (1) (Ka) of the Muslim marriages and Divorces (Registration) Rules, 2009 formulates a Form for Nikahnama in which columns 13-15 are specifically endorsed with the amount of Mahr. prompt/deferred dowers, and the paid amount of mohrana, respectively, and thereby column 14 is beyond the ambit of the Qur`anic verses unless the bride agrees to the deferred dowers. Consequently, any kind of imposed deferred dower would be considered as prompt dower after being claimed by the wife. Prompt dower must be payable immediately or on demand, according to the terms of the marriage contract and applicable Muslim law, However, I am of the firm view that the wife must not wait until divorce or death to get the dower merely because the Nikahnama contains a dower obligation. The standard position is that prompt dower is a debt owed by the husband to the wife, and that it is an unsecured debt and an actionable claim; it must be paid forthwith, and if a wife has to come to Coult for realization of prompt dower, the trial Court has the discretion to award compensation to the wife on the basis of the facts of its own case, where the husband deferred the dower, having financial capacity.

26

Civil Revision 6171/2022
(Civil Revision 6171/2022)

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Uploaded on : 06-OCT-26

Md. Ahamed Ali and others -Versus- Md. Abul Hossain and others

Discharged

27

Writ Petition 15214/2024
(Writ Petition 15214/2024)

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Uploaded on : 05-OCT-26

Fokhrul Hasan Vs. The Administrator, Sylhet City Corporation, Nagar Bhaban, Sylhet-3100 and others

Disposed of

28

Writ Petition 16666/2025
(Writ Petition 16666/2025)

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Uploaded on : 05-OCT-26

Md. Matiur Rahman and others Vs. Government of Bangladesh, represented by the Secretary, Ministry of Public Affairs, Bangladesh Secretariat, P.S-Ramna, District-Dhaka and others

Disposed of

29

Writ Petition 7199/2025
(Writ Petition 7199/2025 with Writ Petition 17114/2025)

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Uploaded on : 05-OCT-26

M/S Abdul Malek Enterprise(In writ petition No. 7199 of 2025) and Md. Kibria Helal (In Writ Petition No. 17114 of 2025) Vs.Government of Bangladesh and others

Writ Petition No. 7199 of 2025 is disposed of and Writ Petition No. 17114 of 2025 is made absolute-in-part.

30

Writ Petition 2807/2025
(Writ Petition 2807/2025)

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Uploaded on : 05-OCT-26

Ahammad Ali Vs. The Government of Bangladesh, represented by its Secretary, Ministry of Local Government, Rural Development and Co-operatives, Bangladesh Secretariat, Ramna, Dhaka and others

Absolute

31

Writ Petition 3820/2021
(Writ Petition No. 3820/2021 with Writ Petition No. 3821/2021)

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Uploaded on : 05-OCT-26

Shahabuddin Ahmed vs The Government of the People’s Republic of Bangladesh, represented by the Deputy Commissioner and others

Disposed of

32

Writ Petition 7022/2021
(Writ Petition 7022/2021)

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Uploaded on : 04-OCT-26

Muhammad Kamruzzaman Talukder and others Vs The Government of Bangladesh, represented by the Secretary, Ministry of Agriculture and others

Disposed of

33

Civil Revision 4906/2024
(Civil Revision 4906/2024)

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Uploaded on : 04-OCT-26

Md. Aynal Haque … Plaintiff-Petitioner Versus Md. Sohel Rana and others ... Defendant-Opposite parties

Absolute

34

Civil Revision 595/1995
(Civil Revision 595/1995)

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Uploaded on : 04-OCT-26

Sayed Ali and others … Defendant-Petitioners -Versus- Abdul Matin @ Matin Mia being dead his heirs: 1(a) Md. Abdur Rashid and others ...Plaintiff-Opposite Parties

Disposed of

36

Company Matter 191/2017
(Company Matter 191/2017)

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Uploaded on : 01-OCT-26

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.

37

Civil Revision 1325/2026
(Civil Revision 1325/2026)

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Uploaded on : 01-OCT-26

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.

38

Admiralty Suit 2/2023

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Uploaded on : 28-SEP-26

DRY BULK Shipping (PVT) Ltd. Vs. Bangladesh Chemical Industries Corporation and others.

Suit dismissed

39

Company Matter 30/2026
(Company Matter 30/2026)

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Uploaded on : 27-SEP-26

Fazila Khatun and others.-Versus- Bangla Eastern Industries Limited and others

Allowed

40

Company Matter 1885/2025
(.../)

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Uploaded on : 27-SEP-26

Fazila Khatun and others.-Versus- Bangla Eastern Industries Limited and others

Dismissed

41

Civil Revision 1219/2022
(Civil Revision 1219/2022)

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Uploaded on : 24-SEP-26

Square Pharmaceuticals Ltd. and anothers vs Md. Taizuddin and others

Disposed of

42

Death Reference 15/2019
(Death Reference 15/2019)

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Uploaded on : 23-SEP-26

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.

43

Death Reference 43/2019
(Death Reference 43/2019)

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Uploaded on : 23-SEP-26

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.

44

First Appeal 38/2020
(First Appeal 38/2020)

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Uploaded on : 22-SEP-26

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.

45

Civil Revision 5158/2023
(Civil Revision 5158/2023)

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Uploaded on : 22-SEP-26

Sree Roton Kumar Biswas and another Vs. Sree Dilip and others

Suit for declaration of title

46

Civil Revision 38/2026
(Civil Revision 38/2026)

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Uploaded on : 22-SEP-26

Haji Md. Jouynal Abedin Vs. Md. Shah Alam alias Shah Alom Howlader and others

Suit for declaration of title

47

Civil Revision 2313/2026
(Civil Revision 2313/2026)

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Uploaded on : 22-SEP-26

Md. Rowshan Khan Sagor Vs. Most. Gul Nahar Begum and another

Plaintiff filed a title suit for a decree of permanent injunction

48

Civil Revision 5879/2022
(Civil Revision 5879/2022)

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Uploaded on : 21-SEP-26

Md. Azibor Rahman and others Vs. Most. Hena Rahman and others

Suit for recovery of possession by evicting the defendants

49

Civil Revision 661/2025
(Civil Revision 661/2025)

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Uploaded on : 21-SEP-26

Din Islam Sikder Vs. Afroza Begum and others

Suit for Specific Performance of Contract

50

Civil Revision 22/2013
(Civil Revision 22/2013)

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Uploaded on : 21-SEP-26

Kartick Chandra Saha -Vs- Government of the People`s Republic of Bangladesh Represented by the Deputy Commissioner, Tangail and others

Absolute