Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)



Bangladesh Bank Order (CXXXVII of 1972)
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
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