Krishi Bank Order, 1972 (P.O. No. 27 Of 1973)
Demand Recovery Act, 1913, Section—1OA
1OA 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.
Krishi Bank, Monoharpur Branch, Comilla Vs Meghna Enterprises and another, 18
BLD (AD) 130.
Krishi Bank is a juristic person that can sue and be sued in its name and as
such in absence of Bangladesh Krishi Bank as defendant the suit against its
employees is not maintainable.
Bangladesh Krishi Bank and others Vs Al-Haj Md. Nurul Islam and another, 20 BLD
Md. Arfan Au Vs. Sonali Bank and ors; C.P.L.A No. 26 of 1992 and Mohammad Abdul
Naim Vs. The Chairman, Board of Director, Sonali Bank, Head Office and ors; C.P.L.A.
No. 298 of 1994(unreported)— relied.