BD Law Reports(BLR) Online Legal Sources of Higher Court Decisions

Headline :

Rule of Law and Natural Justice in Bangladesh: An Overview দেওয়ানী কার্যবিধি ৯ ধারা মোতাবেক দেওয়ানীআদালতের ক্ষমতা। Section 9 Recovery of immovable property. Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 Partition Suit Between The Co-Sharers Nari-O-Shishu Nirjatan Daman Ain, 2000 (VIII of 2000) Section 7 How to stay of Civil Suits ? Court Sentenced 14 Militants to Death of Kotali para Case Judgment of Kotali Para Sedition Case on Tuesday Action Tips For Pending Action Based On Laws And Decisions To Enforce.

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.