Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Companies Act, 1913
Section/Order/Article/Rule/Regulation Head Note
Section 38

Rectification of share register– In the present case since the company court having jurisdiction under section 38 of the Companies Act has found that the petitioners validly acquired 2,800 shares, the civil suit in the civil court will no longer proceed. The learned Advocate has contended that since complicated question of facts are involved in this case these should be decided by the civil court. But we do not accept this contention of the learned Advocate. It is evident that in this case the transfer of total 2,800 shares in favour of the petitioners by the respondent No. 6 is rather an admitted fact and the company court and this court also have found that these transfers of 2,800 shares in favour of the petitioners were valid. It is not acceptable at all that for the reason of pendency of a civil suit on the same matter the company court had no jurisdiction to decide whether the transfer of shares in favour of the petitioners were valid or not. In the circumstances both the civil appeals be dismissed on contest without any order as to cost. ...Bangladesh Paper Mills Limited =VS= Mosharraf Hossain, (Civil), 2020 [9 LM (AD) 223] ....View Full Judgment