Bangladesh House Building Finance Corporation Order, 1973
There is no penal clause in President's Order 7 of 1973 to the effect that a transfer of a property mortgaged to HBFC shall be deemed to be invalid in the absence of the prior permission of the Corporation for such transfer. Therefore, the only implication of the Article 21(3) is that if a transfer is made without prior permission, then the transferee shall be bound to pay the loan due to the Corporation.
Bangladesh represented by the Secretary, Ministry of Works, Government of People's Republic of Bangladesh vs Sultana Suraiya Akhter and others 48 DLR 389.
The cases of the House Building Finance Corporation for realisation of loan cannot be tried by the Artha Rin Adalat – If it is so done it will be wholly without jurisdiction.
Jahan Ara Akter Begum and others vs House Building Finance Corporation 47 DLR 158.
'Suit' is a term of article and ordinarily means a proceeding instituted in the civil Court by presentation of a plaint. The action contemplated under Article 27 is, therefore, outside the concept of ·~" which we have found to correspond with 'suit' as provided in the main part of section 5( I) of the Act.
Bangladesh House Building Finance Corporation vs Jahan Ara Akhter and others 49 DLR (AD) 80.
Article 27(7d) –
The power of passing any other incidental orders does not mean that the District Judge has the power to transfer the Miscellaneous Case to any other court for trial under article 27(7d) of President's Order 7 of 1973.
Wazir Jahan Begum and another vs Government of Bangladesh and others (Spl. Originnal) 56 DLR 621.
Article 37 –
Every applicant to whom loan is sanctioned shall be required, amongst other things, to execute a mortgage deed under HBFC. Loan Regulations, 1977.
BHBFC vs A Mannan, Advocate 41 DLR (AD) 143.