The Bankruptcy Act 1997 (Act X of 1997) is a special law, was enacted in order to make provisions relating to bankruptcy.

Section 28 empowers the court to dismiss the plaint even before taking of evidence if the conditions stipulated in the said provisions are satisfied.

Since from reading of the petition under section 28 dated 31‑8‑2000 and the plaint of the Bankruptcy case, it clearly appears that the respondent-bank satisfied the requirements of sub section 1(ka) of section 28, the Bankruptcy Court rightly rejected the petition leaving the parties to prove their own averments made in the plaint and the written statements and in the petition under section 28 of the Act for decision in the suit on taking evidence……. (10, 11 & 13) 

Section 45(1) (Ga) (Gha) and Section 49(Kha) of the Bank Companies Act clearly invest Bangladesh Bank with a strong regulatory power over the functioning and business of banking companies.

Under Bank companies Act, 1991 Bangladesh Bank holds a sublime position as a strong regulatory body and can interfere with the functioning and business of banking Companies in a given situation. Section 45(1) (Ga) (Gha) and 49(Kha) in particular play a pivotal role in this regard……………….. (4 &5) 

Code of Criminal Procedure (V of 1898); Section 561A,

Negotiable Instruments Act (XXVI of 1881); Section 138

General Clauses Act(X of 1897); Section 27

Questions of Facts

Whether notice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himself, all these are questions of facts which are to be ascertained at the time of trial by the trial Court by appreciating evidence adduced by the par­ties not by the High Court Division in exercis­ing its jurisdiction under section 561A of the Code of Criminal Procedure…………… (15)

Service of a document by post shall be deemed to be effected at the time at which the document would be delivered in the ordinary course of post if that is done by properly addressing, pre-paying and posting by regis­tered post. Reasons behind this presumption as embodied in law, are not opaque or absent to conceive...... (16)

The purpose of the object of issuing notice indi­cating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the draw­er, in any criminal action, even though the bank dis­honoured the cheque. Accused did not deny that he had no knowledge regarding the notice but he alleged that notice had not been duly served upon him which is purely a question of fact and can be set­tled down at the time of trial. Exercise of jurisdiction under inherent power as envisaged under section 561A of the Code to have the criminal procedure quashed is an exception rather than a rule and the case for quashment must be treated as rarest of rare cases so that it can't scuttle or burry a prosecu­tion case on flimsy and unfounded reasons.

when the com­plainant stated that he had served a legal notice within 15 days from the date of the receipt of information of the return of the cheque, non-discloser of the date of service of notice in the complaint petition cannot be a ground for quashing the proceeding…….(20-22)  

Disputed Questions of Fact and Jurisdiction of High Court Division

Classification of imported goods and assessment thereon by the Customs Authority are disputed questions of fact which could not be resolved in the writ jurisdiction.

The High court Division exercised writ jurisdiction without considering this aspect of the case at all and on this score alone the writ petition was not maintainable......(15) 

Bangladesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)

The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of the suit was not interest, but compensation in the form of interest. Interest was not awarded by way of dam­ages but the prevailing rate of bank interest was taken into consideration for measuring business loss and damages of the plaintiff and court is not prevented from adopting this method for determining the amount of com­pensation as per the existing bank rate.......(28)

The expression "any other sum" definite­ly connotes a sum adjudged as compensation for the breach of contract and to determine the extent of compensation existing bank rate of interest can be taken into consideration....... (30) 

Whether the Tribunal was legally correct to give the direction upon accused to return the seized orna­ments to the other claimants who deposited those with him as per the seized Registers and report compliance thereof to it within 1(one) month.

Section 517 of the Code deals with the dis­posal of the property seized during investiga­tion. In the Act, 1974, there is no provision as to how the property seized in connection with a case under the Act, 1974 or alamots of a case under the Act, 1974, shall be disposed of in case of conclusion of a trial or in a case which ends with the acceptance of a final report and discharge of the accused. However, section 29 of the Act, 1974 has provided that the provi­sions of the Code, so far as they are not incon­sistent with the provisions of the Act, shall apply to the proceedings of the Special Tribunals, and such Special Tribunals shall have all the powers conferred by the Code as a Court of Sessions exercising original juris­diction. The Act, 1974 has provided the Tribu­nals with the power to pass necessary orders in case of confiscation of the property at the time of disposal of the case either in the form of acquittal or conviction, but it has not pro­vided the Tribunals with any power to deal with any seized property or alamots after the disposal of the case. The Tribunal has the power to pass necessary order for disposal of the properly seized during investigation or alamots in a case under the Act, a1974 invoking the aid of section 517 of the Code............ (19)

it was found that Gannysons Limited Company, in no circumstances, could be declared as an abandoned property, allowed the review application, declared that the prop­erty was not an abandoned property, struck down the execution case subject to payment of the decretal amount to the Bank directly by the appellants and directed the Government to release the property treating Title Suit No. 508 of 1982 filed by the appellant as withdrawn being infructuous………………… (27)

It a fit case to exercise the power vested in this Court under article 104 of the Constitution for doing complete justice in the matter by modify­ing the directions given by the Tribunal, the High Court Division and this Court in Criminal Appeal No.43 of 2009…………..(28) 

Mere failure to raise objection as to the jurisdiction of a Court to hear and try a suit or a case or in other words, mere surrendering to the jurisdiction of a Court, jurisdiction cannot be conferred to a Court it is found that the Court which heard or disposed of the suit or the case had no jurisdiction to hear such suit or case as the case may be. Because the decree or order passed by a Court without jurisdic­tion is a nullity and such nullity, in no way, is curable or immune from being challenged.

The orders of the High Court Division declar­ing the proceedings and the auction sale of the mortgaged property in question held in the execution as illegal, the observation that "The auction purchaser respondent No.3 will get return of the entire auction money which he deposited" and the direction that "the posses­sion of mortgaged property in question be restored to the petitioner" are maintained sub­ject to term Nos. (iii) and (iv). ......... (15 & 17) 

The compensation can only be paid for such expense, or injury which the claimant suffered by reason of arrest or attachment or injunction. It follows that the claimant has to plead in his petition or in the plaint that by reason of such order he has suffered loss or expense or injury, for which, he claims com­pensation. General damages may be awarded in cases where an order of injunction is obtained on insufficient grounds and there is damage to the credit and reputation of the claimant. It must be established that the dam­age or loss or malice must be proximate result of the order of injunction......... (14)