November 21, 2018, 10:14 am

procedure

Procedure to follow to recover debts under the PDR Act

Section-3

8 DLR 374 Upendra N. Biswas vs. Haripada Saha Kunda- Procedure to follow to recover debts under the PDR Act.The effect of service of notice upon certificate-debtor.Steps which a certificate-debtor should take when he denies liability.

BCR  1981  HCD  43 – Section 3(1) exercise of provisional power under  section 53 of PDR Act.1913 to set aside auction sale is conditional upon the provision of section 7, 22, 23, 25, 36 and 37. A monthly tenant claiming no title under the certificate-debtor is not a person having any interest in the auction of the property-revision authorities can not set aside such sale on ground of non-service  of notice under section 7.

1986  BLD  331  Mukul Das Mridha Vs. Bangladesh – Section 3(6), Article 7 of schedule 1 –public demand-whether compensation for use  and occupation of Govt.Lands is a public demand-whether such compensation can be realised by cerficate proceeding –certificate proceedings are inappropriate for realisation of compensation for illegal occupation of Govt.Property inasmuch as demand which can be realised must be in pursuance of a contract enforceable in law and as such Government’s right to realise compensation for use and ocupation against a trespasser does not come under Article 7 of schedule 1 of PDR Act nor is it a public demand as defined in section 3(6) of the said Act.

  Secton – 4

52  DLR  (AD)  57 Bangladesh Krishi Bank Vs.Meghna Enterprises and another- Issuance of certificate under section 4 of the Act itself on the basis of requisition signed by the Bank manager shall be conclusive proof determination is excluded.

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