Section-2(Ka)
|
Artha Rin Adalat Ain
Section-2(Ka) r/w
Bangladesh Commerce Bank Ltd. [Act No. XII of 1997]
Section —13
Though Bangladesh Commerce and Investment Limited was neither a financial
institution nor a commercial bank but even then sanctioned loan to the
defendant No.1 and so the entire transaction being illegal suit does not
lie; as contended by the learned counsel for the Petitioners —The High
Court Division observed that section 2(Ka) of Artha Rin Adalat Ain (Act IV
of 1990) defines “Financial Institution” as a financial institution
licensed under the Financial Institution Act, 1993 and the Preamble of Act
XII of 1997 clearly states the reason for reconstitution of the erstwhile
Bangladesh Commerce and Investment Limited as it, being a non-banking
financial institution licensed by the Bangladesh Bank, functioned to the
detriment of the interest of the depositors and customers and so the
erstwhile Bangladesh Commerce and Investment Limited was a licensed
financial institution within the meaning of section 2(ka) of Artha Rin
Adalat Ain; besides under section 13 of the above Act 12 of 1997 all assets
and liabilities of erstwhile Bangladesh Commerce and Investment Limited
vested in the newly constituted respondent No. I and the newly constituted
respondent No.1, being a financial institution within the meaning of Artha
Rin Adalat Ain, the Adalat committed no error in taking the view that
Bangladesh Commerce Bank Limited was re-constituted by Act XII of 1997 as a
commercial bank and the defendants having taken loan from its predecessor
i.e. Bangladesh Commerce and Investment Bank/ the suit was filed before the
Adalat was maintainable —Held; It is thus evident that Act 12 of 1997
covered the loan which was granted by Commerce Bank and Investment Limited
to the defendant No.1. Further the above Commerce Bank and Investment
Limited, which became defunct in the year 1992 did not file the above suit.
So we are of the view that the High Court Division on applying the
principle of law as applicable in the present case arrived at a correct
decision which does not suffer from any illegality or infirmity so as to
call for any interference.
M/s. Hai Iron and Re-Rolling Mills Ltd. Vs. Bangladesh Commerce Bank Ltd. &
Ors 16 BLT (AD)122
|
M/s. Hai Iron and Re-Rolling Mills Ltd. Vs. Bangladesh Commerce Bank Ltd. & Ors. |
16 BLT (AD) 122 |
Section-2 (Kha)
|
Loan—it seems that there is uniform opinion that with the deposit of
money in a bank the relationship that follows between the banker and the
depositor is one of debtor and creditor and the amount deposited is a debt
to the depositor. Applying this proposition in the facts of the instant
case as set out in the plaint there seems to be no escape from the
conclusion that the defendant has a debt to the plaintiff which is
concurrently found to be a financial institution and that being so it must
be held that the suit filed by the plaintiff in the Artha Rin Adalat for
realizing the said debt which is a ‘loan’; under Section 2 (Kha) is
quite maintainable.
Saudi Bangladesh Ind. & Ors Vs. Eastern Bank Ltd. & Anr. 7BLT (AD)-372
|
Saudi Bangladesh Ind. & Ors Vs. Eastern Bank Ltd. & Anr. |
7 BLT (AD) 372 |
Sections 5(4) and (5) & 6(Ka)
|
Section 5(4) and (5) of the Artha Rin Adalat Ain, 1990 has clothed the
Artha Rin Adalat with the power to exercise its jurisdiction as a Civil
Court following the provisions of the Code of Civil Procedure in so far as
it is not inconsistent with any provision of the Artha Rin Adalat Ain, the
legislature was required to make express provision in section 6(Ka) to
exclude the operation of section 56 of the Code of Civil Procedure, but it
was not done so. Section 6(Ka) of the Artha Rin Adalat Ain, 1990 can not,
therefore, be construed to exclude the operation of section 56 of the Code
of Civil Procedure in matters of execution of any decree passed by the
Artha Rin Adalat. .....Hazera Begum =VS= Artha Rin Adalat, (Civil), 2018
(1) [4 LM (AD) 225]
....View Full Judgment
|
Hazera Begum =VS= Artha Rin Adalat |
4 LM (AD) 225 |
Section-5(4) (5) r/w Order-7
|
Artha Rin Adalat Ain
Section-5(4) (5) r/w Order-7
Rule-11 and Order-S Rule-6 of the Code of Civil Procedure, 1908
In a case under Artha Rin Adalat Ain whether a defendant can claim in
written statement can set off or counterclaim—
Whether an application under Order 7 Rule II C. P.C. lies for rejection of
that counterclaim and whether a writ petition or civil revisional
application will lie to the High Court Division, A defendant cannot claim
in a written statement a set off or counterclaim against the plaintiff in a
suit filed under the Artha Rin Adalat Act. The bar to claim a set off or
counterclaim is not expressly contained in the Artha Rin Adalat Act, but it
is implied-ly contained in section 5(1) read with section-2 (ka), 2 (kha)
and sections-5(4) and 5(5) thereof. Although the effect of a set off or
counterclaim is that of a plaint in a cross suit, Order-7, Rule-11, C.P.C
will not apply in rejecting such set off or counterclaim. Plaintiff may
have recourse to section 151 of the C.P.C. for such rejection.
Alternatively, plaintiff may bring the maintainability of the set off or
counterclaim as an issue of law under Order 14 Rule 2 C.P.C. which may be
decided first. In view of the paten inadmissibility of the counterclaim
within the framework of Adalat Act, plaintiffs application under Order-7
Rule -Il can be treated as one under Section- 151 C.P.C.
Sultana Jute Mills Ltd. Vs. Agrani Bank & Ors. 2BLT (AD)-127
|
Sultana Jute Mills Ltd. Vs. Agrani Bank & Ors. |
2 BLT (AD) 127 |
Section 6(ka), 5(4) & (5)
|
The Artha Rin Adalat Ain, 1990
Section 6(ka), 5(4) & (5) read with
The Code of Civil Procedure
Section 56
Section 5(4) and (5) of the Artha Rin Adalat Ain, 1990 has clothed the
Artha Rin Adalat with the power to exercise its jurisdiction as a Civil
Court following the provisions of the Code of Civil Procedure in so far as
it is not inconsistent with any provision of the Artha Rin Adalat Ain, the
legislature was required to make express provision in section 6(Ka) to
exclude the operation of section 56 of the Code of Civil Procedure, but it
was not done so. Section 6(Ka) of the Artha Rin Adalat Ain, 1990 can not,
therefore, be construed to exclude the operation of section 56 of the Code
of Civil Procedure in matters of execution of any decree passed by the
Artha Rin Adalat. .....Hazera Begum =VS= Artha Rin Adalat, (Civil), 2018
(1) [4 LM (AD) 225]
....View Full Judgment
|
Hazera Begum =VS= Artha Rin Adalat |
4 LM (AD) 225 |
Section-7(2)
|
Limitation—In the instant suit, the legal and correct decree was prepared
and signed by the trial court on 3.9.96 when the original wrong decree
prepared and signed on 7.2.96 was rectified upon realisation of deficit
court fees from the plaintiff decree holders on the direction of the High
Court Division—the limitation for preferring the appeal in question would
start from 3.9.96 and not from 7.2.96.
ACKO Industries & Cold Storage Ltd. & Anr, Vs. Pubali Bank Ltd, & Ors 6BLT
(AD)-126
|
ACKO Industries & Cold Storage Ltd. & Anr, Vs. Pubali Bank Ltd, & Ors. |
6 BLT (AD) 126 |
Section 7
|
Special Limitation for depositing 50% of the decretal due cannot be
relaxed.
The Artha Rin Adalat Ain, 1990 (since repealed) being a special law there
is no scope for entertaining an appeal against the judgment of the Artha
Rin Adalat Ain, 1990 beyond the period of limitation specified in the law
and that too without depositing the decretal due. The High Court Division
had no power in permitting the respondent to deposit 50% of the decretal
due amount after the special period of limitation of 30 days provided for
by the Artha Rin Adalat Ain, 1990. The High court Division can not
legislate something which not in the Statute itself.
State Bank of India, Dhaka Branch -Vs.- SABINCO 3 ALR(2014)(1)(AD) 21
|
State Bank of India, Dhaka Branch -Vs.- SABINCO |
3 ALR (AD) 21 |