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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | Company Matter 157/2023 |
| Case-reference year | 2023 |
| Case type | Company Matter |
| Court website upload date | 13-OCT-26 |
The case-reference year is not the judgment year. The court website upload date is not a judgment date.
Official index description
Source: Supreme Court official index.
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.