Article 9
|
Bangladesh Krishi Bank Order, 1972
Article 9 r/w
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
|
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin & Ors. |
14 BLT (AD) 226 |
Article 9
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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
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Bangladesh Krishi Bank vs AFM Fariduddin |
12 BLC (AD) 229 |
Article 21
|
Bangladesh Krishi Bank Order, 1972
Article 21
Public Demand Recovery Act, 1913, Section—1OA
Section 10A 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.
|
Bangladesh Krishi Bank, Monoharpur Branch, Comilla Vs Meghna Enterprises and another |
18 BLD (AD) 130 |
Article 21
|
Bangladesh Krishi Bank Order, 1972
Article 21 r/w
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.
|
Bangladesh Krishi Bank Vs. Meghna Enterprises & Another |
7 BLT (AD) 84 |
Article 21(2)(3)
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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.
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Bangladesh Krishi Bank, Monoharpw Branch, Camilla vs. Meghna Enterprises and another |
3 MLR (AD) 184 |