: High Court Division Full List
 
Case Type
Case/Tender Number
Year
Parties
Short Description
 

Case Number Parties Short Description
1
Hosne Ara ... Defendant No.2-Petitioner Versus Government Haji Mohammad Mohsin College and others ...Opposite Parties
The Rule is discharged without any order as to costs.
2
The State Vs. Most. Lucky Khatun and another
The Death Reference is rejected with modification of sentence; consequently the Criminal Appeal No.8455 of 2018 and Jail Appeal No.247of 2018 are dismissed with modification of sentence.
3
The State … Appellant -Versus- Md. Sohel Biswash ….Condemned-Prisoner
the Death Reference No. 75 of 2018 is rejected and both the Criminal Appeal No.7561 of 2018 and Jail Appeal No.212 of 2018 are hereby dismissed.
4
Md. Mizanur Rahman …Appellant-Petitioner Versus Mosammot Rasheda Khatun and another ...Defendant-Opposite parties
Absolute-in-part
5
Mst. Nestara Begum Vs Md. Tohirul Islam and others
Discharged
6
Md. Babul Islam -Versus- Md. Alimuddin and others
Absolute, sending the case on remand to the trial Court.
7
Maulana Nurul Islam -Versus- Mawlana A.B.M Nuruzzaman and another
Discharged
8
Pochondor Ali and others versus Bangladesh, represented by the Deputy Commissioner, Sunamganj and others
Absolute in part
9
Rujina Akhter vs Government of Bangladesh and others
Judgment of Habeus Corpus
10
Masudur Rahman and others -Versus- Md. Anowar Hossain and others
Discharged with costs
11
S.M. Md. Abdul Baten and others vs.Government of the People’s Republic of Bangladesh, represented by the Senior Secretary, Ministry of Public Administration and another
Absolute
12
Md. Abul Karim Molla Vs Md. Sadek Ali Molla and others
Absolute
13
Subash Chandra Dey -Versus- Shaymal Chandra Sheel and others
Absolute
14
Laxmi Bilders Limited -Versus- Masons Enterprise Limited and others
This First Appeal is allowed.
15
ICE(BD) Limited Vs. Chandra Spinning Mills Limited and another
Application for addition of party is rejected with cost of Tk. 10,000/-
16
Most. Aliya Vs Md. Saidur Rahman
Discharged
17
Md. Belayet Hossain and others-Vs-Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Water Resources and others
Discharged
18
Md. Kamruzzaman-Vs-Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Power, Energy and Mineral Recourses and others
Discharged
19
Laila Shahed-Vs-Bangladesh, represented by the Secretary, Ministry of Defence and others
Discharged
20
Sobuj Sheikh ...Convict- Petitioner. -Versus- The State and another ............... Opposite Parties.
The Rule is discharged
21
Md. Mojibur Rahman -vs- The State and another
Absolute
22
Shahid Ul Hasan Vs the State and another
Discharged
23
LUFESA DIVER`S SCRL -VS-M.V. PRINCESS JIA JIA AND OTHERS
Application is allowed.
24
Mohammad Salauddin Khan Vs the State and another
Disposed of
25
Most. Akhi Begum Vs the State and another
Absolute
26
Abdullah Ahmed Vs. The Registrar, Joint Stock Companies and Firms and others.
Dismissed with cost of Tk. 50,000/-
27
Pochondor Ali and others vs Bangladesh, represented by the Deputy Commissioner, Sunamganj and others
Absolute in part
28
Moslem Gazi and others -Versus- Md. Ismail and others
Disposed of
29
Towhid Samad and others Vs. The Registrar, Joint Stock Companies and Firms and others.
Dismissed
30
Mohd. Akhtaruzzaman vs Government of Bangladesh and others.
...
31
Nasiruddin Mollah and others … Pre-emptee-Petitioners -Versus- Motaleb Mollah and others ...Pre-emptor -Opposite Parties
Discharged
32
Abul Kashem and another ... Defendant-Appellants -Versus- Sufia Begum being died her heirs 1(1) Abul Hossain and others ... Plaintiff-Respondents
Allowed
33
Md. Shafiqul Islam ... Convict-Appellant -Versus- The State and another ... Respondents
The appeal is allowed
34
Abdul Kuddus Khan ... Appellant -Versus- The State and another ... Respondents
The appeal is dismissed
35
Md. Abdul Jalil, being dead, his legal heirs:- 1(a) Most Nazma Begum and others -Versus- Md. Azam Ali Miah, being dead, his legal heirs:- 1(a) Malek Miah and others
Absolute with costs
36
Shukur Ali Master and others -Versus- Doraj Kazi and others
.
37
Mohammad Ali and others Vs. Abdul Jabber alias Vatesh and others
It is well settled that an order of remand is not to be made as a matter of course. Remand should not be ordered merely to enable a party to fill up a lacuna caused by his own negligence or laches. At the same time, where the Court is satisfied that a party was prevented from effectively contesting the suit for reasons not attributable to deliberate or culpable conduct on his part, and that denial of an opportunity to contest would cause substantial prejudice, the Court may, in the interest of justice, exercise its discretion to remand the matter.

A compromise between some of the parties cannot, in law, operate to extinguish or adversely affect the independent rights claimed by non-consenting parties without adjudication of their claims.
38
Shahe Alam Kazi and others Vs Shahe Alam and others
Absolute
39
Md. Shibul Hossain vs. The state
Absolute
40
Rafiqul Islam and another -Versus- The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Primary and Mass Education, Bangladesh Secretariat, Ramna, Dhaka-1000; and others
Disposed of
41
Prof. Dr. Abul Kashem. -Versus- Registrar of Joint Stock Companies and Firms and others.
i) Dispatching notice packages via a private commercial courier agency constituted "personal service." This argument misconstrues the legal nature of personal service. Personal service in company law requires direct physical delivery by an officer, agent, or employee acting directly on behalf of the company to the recipient member. When a company hands over thousands of sealed envelopes to an independent third-party commercial courier company, it engages an intermediary logistics provider. The courier`s sub-agents or delivery staff are not company officers delivering notice personally; they are executing a contract of carriage. Courier delivery cannot be conflated with personal delivery. ii) Equally untenable is the proposition that courier delivery is equivalent to "service by post." In statutory construction, "post" refers specifically to the statutory postal system operated under the authority of the State (e.g., the Post Office Act). The legal deeming presumption established under Article 86(2) and reflected in Section 27 of the General Clauses Act, 1897 attaches strictly to letters placed in the official postal network with postage prepaid. Courts cannot stretch clear contractual text to read private commercial courier services into the word "post." While modern commercial practice frequently uses courier networks for speed and tracking, corporate constitutions must be amended through proper general body resolutions if modern delivery methods are to be adopted. Until the Articles are formally altered, the company remains bound by its existing contractual provisions.
42
Manikganj Power Generations Limited.-Versus- Yew Choon Private Limited
i) The distinction between the legal burden and the evidential burden must be carefully maintained. The legal burden of establishing the claim remained throughout upon the respondent as claimant. However, once the respondent/claimant had adduced evidence capable of supporting its case, the Tribunal was fully entitled to examine whether the petitioner had produced evidence explaining or rebutting facts lying particularly within its “own knowledge”. The Tribunal`s observations regarding the inadequacy of the petitioner`s evidence, therefore, relate to the weight and sufficiency of the rebuttal evidence rather than to any impermissible reversal of the legal burden of proof. ii) In substance, the petitioner`s grievance is that the Tribunal ought to have attached greater weight to the petitioner`s evidence and lesser weight to the respondent`s evidence. Such a contention goes to the appreciation of evidence rather than to the legality of the award. Section 43 does not permit this Court to undertake a fresh evaluation of the evidence for the purpose of determining whether another conclusion would have been preferable. iii) After considering the overall outcome of the arbitration, the Tribunal regarded the respondent as the substantially successful party and exercised the statutory discretion vested in it under section 38 by directing the petitioner to bear the respondent`s costs. Such an exercise of discretion cannot be said to be irrational merely because another tribunal, or even this Court, might have apportioned the costs differently. To interfere with the award of costs in the present case would require this Court to substitute its own discretion for that of the Tribunal. Such an approach would be inconsistent with the limited supervisory jurisdiction conferred by section 43 of the Arbitration Act and would undermine the legislative policy of according finality to arbitral awards.
43
Rokaiya Nasrin, -Versus- Neptune Cold Storage Ltd. and others
If the pre-emption provision was intended to protect the existing shareholders against the introduction of an outsider, a shareholder intending to exercise that right would reasonably be expected to assert it when the proposed transfer came to his or her knowledge. Yet, even after the Petitioner expressly sought rectification by her letters dated 21.01.2016 and 09.02.2016, no shareholder came forward either to purchase the shares or to object on the ground that he or she intended to exercise the right of pre-emption. Nor has any competing claim been asserted throughout the prolonged pendency of the present proceeding. In these circumstances, the Court is not persuaded that the pre-emption clause can now be invoked merely as a technical objection to the Petitioner`s claim when the very persons for whose benefit the provision was incorporated have, with full knowledge of the transaction and the Petitioner`s claim, neither exercised nor asserted the right for many years. Their prolonged and conscious inaction, in the circumstances of the present case, amounts to waiver or acquiescence in the transfer and substantially undermines the Respondents` reliance upon the pre-emption provision.
44
Md. Kobir Uddin Biswas vs The State and another
s. 138A NI Act has overriding effect over s. 246(2A) of the Cr.PC.
45
Bengal Aitken Spence Travels Limited-Vs-Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Tourism
Absolute in part with direction
46
Md. Eftekharul Islam-Vs-The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief and others
Absolute with direction
47
Md. Mostofa Jaman Sheikh and others-Vs-Government of Bangladesh, represented by the Secretary, Ministry of Youth and Sports and others
Absolute with direction
48
Janata Bank Ltd Vs. M/S Hoque Commercial Syndicate and others
Allowed
49
Md. Asaduzzaman vs The Government of Bangladesh
Discharged
50
Md. Nure Alam Vs. Md. Mamun and others
..
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