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2

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.

3

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.

4

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

5

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

6

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

7

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

8

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.

9

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.

10

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.

11

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

12

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

13

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

14

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

15

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

16

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

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Civil Revision 2261/2010
(Civil Revision 2261/2010)

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Uploaded on : 20-SEP-26

Subir Mondal and others- Vs- Sanjoy Mondal @ MoIllick

Discharged

18

Writ Petition 2108/2011
(Writ Petition 2108/2011)

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Uploaded on : 20-SEP-26

Md. Saiful Islam @ Pavel -Vs- Bangladesh represented by the Secretary, Ministry of Law

Discharged

19

Admiralty Suit 4/2018

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Uploaded on : 20-SEP-26

Midland Bank Limited Vs. M.V. KALAMATA TRADER and others.

Application is allowed in modified form.

20

Company Matter (TN) 512/2026

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Uploaded on : 17-SEP-26

Chittagong Eye Infirmary and Training Complex (CEITC) Vs. Imperial Hospital Limited and others.

Dismissed

21

Company Matter 167/2024

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Uploaded on : 16-SEP-26

Md. Shah Jahan Vs. RJSC and others

Disposed of

22

Company Matter (TN) 639/2026

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Uploaded on : 16-SEP-26

Divine Cold Storage Limited Vs. RJSC

Allowed.

23

Company Matter (TN) 639/2026

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Uploaded on : 16-SEP-26

Divine Cold Storage Limited Vs. RJSC

allowed

24

Company Matter 1916/2025

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Uploaded on : 16-SEP-26

Modhumoti Bank PLC Vs. RJSC

Allowed

25

Writ Petition 11082/2015
(Writ Petition 11082/2015)

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Uploaded on : 15-SEP-26

Md. Omar Faruque ……. Petitioner Vs. Bangladesh and others …Respondents

Absolute

26

Writ Petition 9286/2017
(Writ Petition 9286/2017)

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Uploaded on : 15-SEP-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

Writ Petition 8699/2015
(Writ Petition 8699/2015)

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Uploaded on : 15-SEP-26

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

Writ Petition 8128/2023
(Writ Petition 8128/2023)

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Uploaded on : 15-SEP-26

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

Writ Petition 7401/2024
(Writ Petition 7401/2024)

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Uploaded on : 15-SEP-26

Md. Jahidul Islam ……. Petitioner Vs. Govt. of Bangladesh represented by the Ministry of Law and Justice Division and others ……Respondents

Discharged.

30

Writ Petition 6429/2009
(Writ Petition 6429/2009)

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Uploaded on : 15-SEP-26

Md.Fazlul Karim and another ……. Petitioners Vs. Govt. of Bangladesh represented by the Secretary, Ministry of Educationand others ……Respondents

Discharged.

31

Writ Petition 4334/2009
(Writ Petition 4334/2009)

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Uploaded on : 15-SEP-26

Md. Muzammel Haque ……. Petitioner Vs. Govt. of Bangladesh represented by the Secretary, Ministry of Educationand others …Respondents

Absolute

32

Writ Petition (TN) 3241/2216
(Writ Petition 3241/2216)

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Uploaded on : 15-SEP-26

Kazi Mohammad Moazzam Hossain ……. Petitioner Vs. Govt. of Bangladesh represented by the Ministry of Law, Justice and parlimentary Affairs, Dhaka. ……Respondents

Discharged.

33

Writ Petition 2339/2025
(Writ Petition 2339/2025)

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Uploaded on : 15-SEP-26

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

Writ Petition 2327/2022
(Writ Petition 2327/2022)

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Uploaded on : 15-SEP-26

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

Writ Petition (TN) 3241/2016
(writ petition)

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Uploaded on : 15-SEP-26

Kazi Mohammad Moazzam Hossain ……. Petitioner Vs. Govt. of Bangladesh represented by the Ministry of Law, Justice and parlimentary Affairs, Dhaka. ……Respondents

Kazi Matter

36

First Misc Appeal 60/2026
(First Misc Appeal 60/2026)

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Uploaded on : 15-SEP-26

SQ Birichina -Versus- Mercantile Bank PLC, Gulshan Branch, Gulshan, Dhaka and others

This First Misc. Appeal is dismissed.

37

First Appeal (TN) 283/2019
(First Appeal (TN) 283/2019)

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Uploaded on : 15-SEP-26

Jannatul Ferdous -Versus- Samina Sabiha (Ria) and others

This First Appeal is allowed.

38

Criminal Revision 1754/2023
(Criminal Revision No. 1754/2023)

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Uploaded on : 15-SEP-26

Md. Mofiz Ali ...Convict-Petitioner. -Versus- The State and another ... Opposite Parties.

The Rule is disposed of

39

Criminal Revision (TN) 3303/2019
(Criminal Revision No. 3303/2019)

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Uploaded on : 15-SEP-26

Md. Wali Ullah Patowari ...Convict-Petitioner. -Versus- The State and another ... Opposite Parties.

The Rule is disposed of

40

Criminal Revision 249/2025
(Criminal Revision 249/2025)

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Uploaded on : 15-SEP-26

Most. Rubina Yeasmin ... Convict-Petitioner -Versus- The State and another ...Complainant-Opposite Parties

The Rule is discharged

41

First Appeal (TN) 2874/2019
(First Appeal (TN) 2874/2019)

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Uploaded on :

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

First Appeal 404/2013
(First Appeal 404/2013)

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Uploaded on : 15-SEP-26

Md. Bashir Miah Versus- Mst. Ajhara Akter Koli and others

This First Appeal is allowed.

43

Writ Petition 21054/2025
(Writ Petition 21054/2025)

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Uploaded on : 14-SEP-26

Auto Star Trade … Petitioner -Versus- Commissioner of Customs, Customs House, Mongla, Bagerhat, Bangladesh and others. … Respondents

Disposed of

44

Death Reference 53/2025
(Death Reference 53/2025)

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Uploaded on : 14-SEP-26

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

Civil Revision 4319/1997
(Civil Revision 4319/1997)

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Uploaded on : 14-SEP-26

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

Company Matter 1393/2026

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Uploaded on : 14-SEP-26

Nilima Yasmin and another Vs. Supermax Healthcare Ltd. and others.

Allowed.

47

Admiralty Suit (TN) 1393/2025

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Uploaded on : 14-SEP-26

JG Facility Management Limited Vs. The Registrar of Joint Stock Companies and Firms and others.

Allowed

48

Writ Petition 5238/2025
(Writ Petition)

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Uploaded on : 13-SEP-26

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

Writ Petition 6819/2026
(Writ Petition 6819/2026)

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Uploaded on : 09-SEP-26

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

Income Tax Reference 123/2019
(Income Tax Reference 123/2019, 124/2019 and 125/2019)

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Uploaded on : 09-SEP-26

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.