Act/Law wise: Judgment of Supreme Court of Bangladesh


Bangladesh Krishi Bank Order, 1972 (P.O. No. 27 of 1973)
Section/Order/Article/Rule/Regulation Head Note
Article 9

read with Bangladesh Krishi Bank Rules, 1983 Rule – 4
Managing Director was the competent authority for passing the order of compulsory retirement of the Deputy General Manager.
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin & Ors 14 BLT (AD)226 ....View Full Judgment

Article 9

Since the Managing Director was the appointing and promoting authority of the respondent No. 1, a Deputy General Manager, definitely the Managing Director was also the competent authority to issue the order of his compulsory retirement.
Bangladesh Krishi Bank vs AFM Fariduddin 12 BLC (AD) 229 ....View Full Judgment

Article 21

read with
Public Demand Recovery Act, 1913, Section—1OA
Section 1OA of the Public Demands Recovery Act which provides for special procedure relating to recovery of dues cannot be said to be arbitrary and illegal. For recovery of Bank dues under the Order, sections 7, 9 and 13 of the Act have been made non- applicable and special provisions for prompt realisation of loan of Bangladesh Krishi Bank have been enacted in the Act itself by incorporating section 10A. The defaulting borrowers of Krishi Bank are entitled to the protection of law by way of appeal, review and revision as contained in sections 51, 52 and 54 of the said Act and as such section IOA of the Act does not offend Articles 27 and 31 of the Constitution.
Bangladesh Krishi Bank, Monoharpur Branch, Comilla Vs Meghna Enterprises and another, 18 BLD (AD) 130. ....View Full Judgment

Article 21

Read with Public Demand Recovery Act, 1913 [III of 1913] Section-4
In the present case, the requisition was signed by the Bank Manager showing that the amount was due and recoverable under the law on the basis of the requisition, the certificate officer issued the certificate— Held : Issuance of certificate under Section 4 of the Act itself shall be conclusive proof that the amount specified therein is due to the Bank and further determination is excluded under law.
Bangladesh Krishi Bank Vs. Meghna Enterprises & Another 7BLT (AD)-84. ....View Full Judgment

Article 21(2)(3)

Dues of Krishi Bank are recoverable under Public Demands Recovery Act, 1913—
All sums due to the Bangladesh Krishi Bank shall be recoverable as arrear rents under the Public Demands Recovery Act, 1913 as provided under sub-article(2) of article -21. By sub-article(3) of article 21 the application of sections 7,9 and 10 to the certificate proceeding for realisation of the Bank's loan have been excluded. Similar provisions have also been made in the Public Demands Recovery Act, 1913 by adding section 10A thereto. The officers of the rank of Manager and above of the Bank are authorised to prepare and sign requisition. Such requisition duly signed and issued by the Certificate Officer under section 4 of the Act is a conclusive proof of the amount mentioned therein and as such there is no scope for investigation for ascertaining the amount claimed. These are special provisions for speedy recovery of dues/loan money of Bangladesh Krishi Bank. Since there are provisions of appeal, review and revision under sections 51, 52 and 54 of the Act, which are equally applicable to all loanees, the provisions of section 10A are not violative of the principles of natural justice and also do not offend article 27 and 31 of the Constitution.
Bangladesh Krishi Bank, Monoharpw Branch, Camilla vs. Meghna Enterprises and another- 3, MLR (1998) (AD) 184. ....View Full Judgment