Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Artha Rin Matter | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Judgment and decree passed |
Judgment and decree passed by the Artha Rin Adalat was not maintainable–– The Appellate Division held that it is now well settled that a writ petition challenging the judgment and decree passed by the Artha Rin Adalat was not maintainable and moreover, respondent No.1 as defendant No.4 contested the suit. Such a decree can only be challenged by filing an appeal within the statutory period of limitation on depositing 50% of decretal amount. .....Agrani Bank =VS= Mrs. Hosne Ara Begum & another, [1 LM (AD) 334] ....View Full Judgment |
Agrani Bank =VS= Mrs. Hosne Ara Begum & another | 1 LM (AD) 334 |
‘Prescribed’ means–– |
‘Prescribed’ means–– ‘Prescribed’ would mean prescribed by law. In the facts of the instant case the ‘prescribed rate’ was amended more than once since 01.04.2004. .....M/S. Rajib Traders =VS= Artha Rin Adalat & another, [1 LM (AD) 186] ....View Full Judgment |
M/S. Rajib Traders =VS= Artha Rin Adalat & another | 1 LM (AD) 186 |
When collusion and fraud |
When collusion and fraud have been established and illegal order/direction and decrees have been obtained from the Court Appellate Division cannot its eyes forward to undo the wrongs by setting aside the illegal decree–– When collusion and fraud have been established and illegal order/direction and decrees have been obtained from the Courts, this Court cannot shut its eyes and remain a silent spectator. This Court must come forward to undo the wrongs by setting aside the illegal decrees. This Apex Court has the duty and obligation to rise to the occasion in order to do substantial and complete justice. Since collusion and fraud affect the solemnity, regularity and orderliness of the proceedings of the Courts, this Court, in exercise of its extra-ordinary power, is authorised to set aside the decrees obtained illegally by collusion. The learned Judges of the High Court Division have issued an absolutely illegal order directing the Artha Rin Adalat to decree the suits in a specified manner which has eroded the confidence of the litigants to the suits and will have the effect of undermining the credibility of the judiciary as whole. Accordingly, the leave petition is disposed of. The judgments and decrees dated 16.10.2017 passed by the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit Nos.382 of 2016 and 1618 of 2016 are set aside. The Adalat is directed to proceed with both the suits in accordance with law. The Rule issued in Contempt Petition No.239 of 2019 is hereby discharged. …National Bank Limited =VS= M.R. Trading Company, [7 LM (AD) 216] ....View Full Judgment |
National Bank Limited =VS= M.R. Trading Company | 7 LM (AD) 216 |
50 lacs as damage and compensation |
50 lacs as damage and compensation penalising the bank–– The High Court Division found that the exigencies demanded an expeditious disposal of the proposal made by the plaintiff company for sale of some of the land mortgaged with the bank with a view to salvaging the plaintiff Mills, and hence, since the bank did not act promptly, it should be made liable to pay Tk. 50 lacs to the plaintiff company. The High Court Division felt that had the bank taken prompt action with regard to the proposed sale of the land then the bank’s loan could have been managed preventing litigation between the parties. .....W. Rahman Jute Mills Ltd. =VS= Rupali Bank Ltd., [3 LM (AD) 499] ....View Full Judgment |
W. Rahman Jute Mills Ltd. =VS= Rupali Bank Ltd. | 3 LM (AD) 499 |
Doctrine of stare decisis... |
Doctrine of stare decisis must not be applied at the cost of justice:
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City Bank Ltd Vs. Court of 1st JDJ & Artha Rin Adalat & anr | 16 SCOB [2022] HCD 217 |
A company incorporated under the companies Act... |
A company incorporated under the companies Act is a juristic person. A share holder is not the owner of the company or its assets. The company itself owns its property. A share-holder is only entitled to the dividends, if declared. On winding up, however, after payment of its debts, he is entitled to participate in the distribution of its assets. It is no doubt, the liability of a share-holder, whether he is the Chairman of the Board of Directors, or a director, is only to the extent of the face value of the shares he holds, nothing more than that. But a share-holder of a company is not a necessary party in the Artha Rin Suit. The chairman or the directors or any other guarantor who executed the charge document in respect of payment of loan are liable and are necessary parties in the Artha Rin Suit for the purpose of effectual adjudication of the matter between the loanee- company and the financial institutions. Chairman or director, if he did not execute any charge document, he or she shall not be liable for the loan save and except their liability to the extent of the face value of the shares he/she holds. ...Mahbub Ali Vs. Judge, Artha Rin Adalat & ors, (Civil), 6 SCOB [2016] HCD 102 ....View Full Judgment |
Mahbub Ali Vs. Judge, Artha Rin Adalat & ors | 6 SCOB [2016] HCD 102 |
It is settled principle that jurisdiction... |
It is settled principle that jurisdiction of a Court cannot be conferred upon consent of the parties, it is the statute only which can confer the jurisdiction of the Court. ...Mahbub Ali Vs. Judge, Artha Rin Adalat & ors, (Civil), 6 SCOB [2016] HCD 102 ....View Full Judgment |
Mahbub Ali Vs. Judge, Artha Rin Adalat & ors | 6 SCOB [2016] HCD 102 |
For time-barred Artharin Cases, with 50%... |
For time-barred Artharin Cases, with 50% deposit of the decretal amount, a
writ petition may be entertained:
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Osman Gazi Chowdhury Vs. Artha Rin Adalat & anr | 9 SCOB [2017] HCD 140 |
About 10 (ten) years ago, our Apex Court... |
About 10 (ten) years ago, our Apex Court (in the case of BADC -Vs-Artharin Adalat 59 DLR(AD) 6) urged the learned Advocates of this Court to be susceptive in filing a writ petition against any decree of the Artharin Adalat. But unfortunately the learned members of the Bar are coming up with the said writ petitions indiscriminately and thereby causing wastage of valuable time of this Court which is overwhelmingly overburdened with huge backlog of cases. ...Osman Gazi Chy Vs. Artha Rin Adalat & anr, (Civil), 9 SCOB [2017] HCD 140 ....View Full Judgment |
Osman Gazi Chowdhury Vs. Artha Rin Adalat & anr | 9 SCOB [2017] HCD 140 |
Observation for JATI: |
Observation for JATI:
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Osman Gazi Chowdhury Vs. Artha Rin Adalat & anr | 9 SCOB [2017] HCD 140 |