Article 21(3)
|
Interest of the bank rate means.
The bank rate is the rate which the Bangladesh Bank being the regulatory
bank of all the banks may direct from time to time under Article 21(3) of
the Bangladesh Bank (Nationalization Order) 1972 (P.O. No.26 of 1972). Thus
bank rate being a specified and definite rate prevailing on the date of
realization would be the rate of interest which the Bangladesh Bank
rediscounts the first class bills of exchange from the commercial bank.
Janab Md. Asalat Zaman -Vs.- The State 3 ALR(2014)(1)(AD) 205
|
Janab Md. Asalat Zaman -Vs.- The State |
3 ALR (AD) 205 |
Article 23
|
BANGLADESH BANKS (NATIONALISATION) ORDER (P.O. 26 OF 1972)
Article—23
Service matter—Bye-laws containing service rules framed by bank prior to
promulgation of P.O. 26 of 1972 have no statutory force—Employees of bank
cannot invoke writ jurisdiction in respect of violation such bye laws—But
employees cannot be deprived of the principles of natural
justice—Constitution of Bangladesh. 1972, Article. 102.
A.T.M. Zahirul Huque Vs. Secretaiy, Ministry of Finance and others; 1 BLD
(AD) 236.
Ref: 29 DLR (SC) 41.
|
A.T.M. Zahirul Huque Vs. Secretaiy, Ministry of Finance and others |
1 BLD (AD) 236 |
Article 42-48 (Chapter IV)
|
Bank Companies Act, 1991
Sections 5gaga, 27kaka (2) & (4)
Bangladesh Bank Order, 1972
Article 42-48 (Chapter IV)
Publication of writ petitioners names in the CIB Report of Bangladesh
Bank–– The borrower who takes over the management unencumbered can in
no way be responsible of the previous liabilities which must be vested upon
the previous management. In the instant case, the respondent no. 1, company
did not avail any loan after the new management took over the charge of it
so, as per the agreement and that of the order of the High Court Division
staying the winding-up proceeding, they cannot be treated as
defaulting-borrowers.
Appellate Division, therefore, hold that in no way the respondent Nos. 1
and 2 can be treated as defaulting-borrower and the High Court Division has
rightly declared their enlistment in the CIB report illegal directing to
remove their names from the CIB report. The judgment and order passed by
the High Court Division is elaborate, speaking and well composed. This
Division is not inclined to interfere with the same. .....Bangladesh Bank
=VS= Homeland Footwear Limited, (Civil), 2023(2) [15 LM (AD) 608]
....View Full Judgment
|
Bangladesh Bank =VS= Homeland Footwear Limited |
15 LM (AD) 608 |
Article 44
|
Bangladesh Bank Order, 1972
Article 44
Bank Companies Act(XIV of 1991)
Section 27 KaKa
Whether Bangladesh Bank can included defaulter Borrowers names in the CIB
Report.
Article 44 of the Bangladesh Bank Order, 1972 has empowered the Bangladesh
Bank to direct any banking company and financial institutions to submit any
statements relating to any credit information. "Statements relating to
credit information" certainly includes information about default in
repayment of those credit facilities. Article 45 of The Bangladesh Bank
Order, 1972 has given right to the banking companies and financial
institutions to have such statements relating to credit information for the
purpose of their entering into any financial arrangement with any person.
And section 27 KaKa of the Bank Companies Act, 1991 has made it mandatory
for the Bank companies and financial institutions to submit the list of
their defaulting borrowers to Bangladesh Bank time to time and for the
Bangladesh Bank to send those list of defaulting borrowers to all the Bank
companies and financial institutions of the country with the object that no
such defaulting borrower is granted any loan facilities.
Al-Amin Bread & Biscuit Limited and another -Vs.- Bangladesh Bank & others.
4 ALR (AD) 2014 (2) 79
|
Al-Amin Bread & Biscuit Limited and another -Vs.- Bangladesh Bank & others |
4 ALR (AD) 79 |
Article 84
|
In this Order there is no provision for creating any central Board of
Directors, but there shall be a 'Board of Directors' and it is this Board
which has been vested with powers required to be exercised by the Bank
(Staff) Regulations.
It therefore, cannot be said that the Board of Directors which had taken
the decision for the appellant's termination was not properly constituted.
Regulation 2, in its proviso, requires Government's approval to any action
in respect of officers mentioned in sub-regulation (iii). These officers
are senior officers of the Bank whose salaries and allowances are
determined by, or require the approval of, the government. There is no
evidence that the appellant fell within this class of officers.
Bangladesh Bank vs Mohammad Abdul Mannan 46 DLR (AD) 1.
|
Bangladesh Bank vs Mohammad Abdul Mannan |
46 DLR (AD) 1 |