Prof. Dr. Abul Kashem. -Versus- Registrar of Joint Stock Companies and Firms and others.

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Case information

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Official index description (excerpt)

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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

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