Public Demands Recovery Act, 1913

Understanding the Public Demand Recovery Act of 1913

Section—10(A)

When
a Certificate is signed under Section 6 of the P.D.R. Act, whether a notice is
served upon the Certificate debtor under Section 7 of the P.D.R. Act and the
Certificate debtor is entitled to make a petition denying the liability in
whole or in part—The Section, whether is against the principle of natural
justice.

Magnum
Enterprise Ltd. Vs. General Certificate Officer, Comilla and another, 13 BLD (HCD)
498.

 

Section—34

Generally
when a Certificate is signed under Section 6 of the P.D.R. Act, notice is
served upon the Certificate Debtor under Section 7 of the P.D.R. Act and the
Certificate Debtor is entitled to make a petition in the prescribed form signed
and verified denying liability in whole or in part under Section 9 of the Act
within the period of 30 days from the service of any process for enforcing the
Certificate upon such denial of the liability under Section 9 of the Act, the
Certificate Officer shall hear the petition, take evidence (if necessary) and
determine whether the Certificate Debtor is liable for the whole or any part of
the amount for which the Certificate was signed and may vary, modify or set
aside the Certificate.

Section
10A of the P.D.R. Act is against the principle of natural justice and also
offends the Articles 27 and 31 of the Constitution.

 

Section
34 provides for civil suit within 6 months from the service of notice upon the
Certificate Debtor under Section 7 and if the debtor files petition in
accordance with Section 9 denying the liability.

Magnum
Enterprise Ltd. Vs. General Certificate Officer, Comilla and another, 13 BLD (HCD)
498.

Ref: Miah
Muhammad Latif Vs. Province of West Pakistan and another, 22 DLR(SC)98; Mannace
Lab. Ltd. Vs. General Certificate Officer and another, 42 DLR 159; Chittagong
Engineering and Electric Supply Co. Ltd. Vs. Certificate Officer. Dacca, and
other, 17 DLR. 404; Zakaria A. – Bawani Vs. City Deputy Collector, Karachi and
two others, PLD 1975 Karachi 1008; Government of West Pakistan and others Vs.
Begum Agha Abdul Karim Shorish Kashmiri, 22 DLR (SC) 16; Abdul Latif Mirza Vs.
Government of Bangladesh and others, 31DLR. (AD) 120; A.I.R. 1957 Punj. 303;
Ghulam Mohiud-Din Vs. Chief Settlement Commissioner, 16 DLR (SC) 654; MIS.
Muhammad Siddik Muhammad Umar and another Vs. The Australia Bank Ltd. 18
DLR(SC) 430; Miah Md. Latif Vs. Province of W.P., 22 DLR(SC) 98, 100(10); Dr.
Nurul Islam Vs. Bangladesh,33 DLR(AD) 201- Cited.

 

Rule—68

On
every sale of immovable property., the person declared to be the purchaser
shall pay immediately after such declaration, a deposit of twenty-five percent,
on the amount of his purchase-money, to the officer or other person conducting
the sale, and, in default of such deposit, the property shall forthwith be
re-sold.

Nung Shu
Kumar Deb v. General Certificate Officer and others, 22 BLD (HCD) 553

Ref:
50 DLR(AD)194; Bangladesh Krishi Bank Vs Meghna Enterprises and another, 50
DLR(AD)( 1998) 194.

 

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