MLPA 1)
Definitions:

Money laundering means-1. To transfer ,convert, remit, from or to Bangladesh the money or properties acquired through commission of any predicate offence with an intention to conceal or disguise the illicit origin of the property or smuggle money and property earned through legal and illegal means abroad.

2.to conduct, or attempt to conduct a financial transaction with intent to avoid a reporting requirement under this act.

3.to do or to do attempt to do such activities as the illegitimate source or the money or property may be concealed or disguised or knowingly assist to perform or to conspire to perform such activities.

1.banks 2.financial institution 3.insurence companies 4.money changer 5.companies or organizations remitting or transferring money 6.other organizations running business with the approval of Bangladesh bank 7.such other organizations as may be declared by bb with the approval of government by notification in the official gazette from time to time 8.high court division means the high court division of supreme court 9.suspisus or unseal transaction means

A. that substantially deviates from the usual transaction B. that have reasonable cause to suspect that the transaction have involvement with any proceeds of crime.

C. property means- any kinds of asset , whether tangible or intangible moveable or immovable

Cash, documents , or instrument in any from including electronic or digital which indicates evidential title to, or interest in such asset.

MLPA 2)

Punishment for violation of freezing or attachment order:

Punishment for violation of freezing or to attachment order-any person who contravenes an order of attachment of freezing and account may be made under this act shall be punished with imprisonment a tram which may extend to 1 year or with fine which which may be end 5 thousand taka or with both.

MLPA 3)

Punishment for divulging of information

1. No person shell the purpose of frustrating the investigation or making adverse launce over the investigation ,divulge any information relating to investigation or other related information to any person. organization or 2.every person organization or agent authorized under this act during the period of his service or appointment or on the expiry of terms of services or contact of appointment shell ,except for the purpose of this act abstain from using , publishing , or divulging information collect , received, retrieved and known to him.3. any person who contravenes the provisions of sub section 1 and 2 shell be punished, with imprisonment for a team , which may extend to 10 thousand taka.

MLPA 4)

Power of special judge

1. The special judge may be impose such punishment as is specified for the offence committed under this act and in an appropriate case , the court may pass any order including an order for further investigation , freezing, attachment or seizure of properties.

2.while making an order for further investigation of any offence relating to as a case pending before it. The special judge shall direct the investing officer to submit his report within a time limit not existing 6 months.

MLPA 5)

Powers & relationships & responsibilities of Bangladesh bank in preventing competing money laundering.

1 to combat & prevent money laundering & to resist any such activities, the bb shall have the following powers & responsibilities.

A: to analyses the luscious transaction report & cash transaction reports & maintain a data base of all suspicious transaction reports & cash transaction reports & related information.

B: to call for and receive from reporting organizations any information related to the transaction where there is reasonable grounds to suspect that the transaction is involve with money laundering.

C: to issue an order to any bank or financial institution to suspend a transaction or freeze an account for a provide of 30 days the bb has reasonable grounds to suspect that any money drive from the commission of any crimes is deposited in such account provided that the order so passed maybe extended for another 30 days for the purpose of electing correct information in respect of the transaction of such account.

D: to issue from time to time necessary directions to reporting organizations for taking counter measure to combat money laundering activities.

E: to monitor the activities of the reporting organizations to ensure proper reporting & the complains of its directions or instructions and if necessary inspect the reporting organization physically.

F: for the purpose of the proper implementation of this act to provide training to the stuff and officer of the reporting organization any other organization or institution as bb considers necessary and arrange meeting seminar.

G: to carry out any other related functions to achieve the purpose of this act.

2 if the investigation organization makes a request for information related to money laundering or suspicious transaction the bb shall provide the information. if not oblige otherwise by the existing lose or any other cause.

MLPA 8)

Why established FIU-Financial Intelligence unit:

For the purpose of this act, there shall be a Financial Intelligence Unit in the BB. On the basis of any contract with any foreign country in accordance with this Act, if the FIU of such country may seek information regarding money laundering or suspicious transaction report the FIU shall provide required information and may also seek any kind of information about any suspicious transaction from any other state.

BBEA 1)
Definitions:

In this Act, unless there is something repugnant in the subject or context,-

[(1) "company" means any company as defined in Section 3 of the Companies Act,1956, and includes a foreign company within the meaning of Section 591 of that Act;

(1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959.]

(2) "bank" and "bakes", mean-

(a) any company or corporation carrying on the business of banking

(b) any partnership of individual to whose books the provisions of this Act shall have been extended as hereinafter provided,

(c) any post office savings bank or money order office

(3) "bankers' books" include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank;

(4) "legal proceeding" means any proceeding or inquiry in which evidence is or may be given, and includes an arbitration;

(5) "the Court" means the person or persons before whom a legal proceeding is held or taken;

(6) "Judge" means a Judge of a High Court;

(7)."trail" means any hearing before the Court at which evidence is taken; and

(8)."certified copy" means a copy of any entry in the books of a bank together with certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business, and that such book is still in the custody of the bank, such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title.
Mode of proof of entries in banker's book.-

BBEA 2)
Mode of proof of entries in banker’s book:
Subject to the provisions of this Act, a certified copy of any entry in a bankers book shall in all legal proceedings, be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is not by law admissible, but not further of otherwise.

BBEA 3)
Case in which officers of bank not compellable to produce book

No officer of a bank shall in any legal proceedings to which the bank is not a party be compellable to produce any banker's book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause.

BBEA4)
Inspection books by order of court or judge

1. On the application of any party to a legal proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a bankers’ books for any of the purposes of such proceeding. Or my order the bank to prepare and produce within a time to be specified in the order certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference to certified copies.
2.An order under this or the proceeding section may be made either with or without summoning the bank and shall be served on the bank there clear days before the same is to be obeyed, unless the Court or Judge shall otherwise direct.
3. The bank may at any time before the time limited for obedience to any such order as aforesaid either offer to produce their books at the trail or give notice of their intention to show cause against such order and thereupon the same not be enforced without further order.

BBEA 5)
Costs
(1) The costs of any application to the Court or a Judge under or for the purposes of this Act and the costs of anything done or to be done under an Order of the Court or a Judge made under or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further Order such costs or any part thereof to be paid to any party by the Bank if they have been incurred in consequence of any fault or improper delay on the part of the Bank.
(2) Any Order made under this Section for the payment of costs to or by a Bank may be enforced as if the Bank were a party to the proceeding.
(3) Any Order under this Section awarding costs may, on application to any Court of Civil Judicature designated in the Order, be executed by such Court as if the Order were a decree for money passed by itself:

Provided that nothing in this Sub-Section shall be construed to derogate from any power which the Court or Judge making the Order may pass for the enforcement of its or his directions with respect to the payment of costs.

MLCA 1)
Sec-4- Establishment of the Court- 1) Subject to the provision of sub-section (2) and (3), the government shall, by notification in the official Gazette, establish one or more Artha Rin Adalat in each district for the trial of cases constituted by the financial institution and for carrying out other puroses related to this Act.

2) The Government shall institute a Artha Rin Adalat for two or more districts if it deems proper.

3) In case of Artha Rin Adalat is not established and declared under sub-section (1) or (2), the suits in relation to realization of lending money the financial instructions shall be field in Court of joint District Judge of local jurisdiction.

4) To satisfy the purposes of this Act, the Government shall declare by notification in official gazette, joint District Judge at present acting as Artha Rin Adalat by changing o reallocating with the provisions of Civil Courts Act, 1887.

5) Government shall judges for the Artha Rin Adalat on consultation with the Supreme Court amongst the Joint District Judge.

6) The Government fit thinks proper shall appoint a judge of the Artha Rin Adalat in addition to his own duties as judge of more than one Artha Rin Adalat.

7) The judge appointed to the said Artha Rin Adalat under this section is unable to render his duties temporarily due to leave, illness or any other cause.

8) By notification in the official gazette, the government at any time shall close down any Artha Rin Adalat.

9) When Artha Rin Adalat is closed under sub-section (8), the Government shall, in the same order, make specific provisions for the pending suits in that Court.

10) If a Artha Rin Adalat is closed under sub-section (8) and is declared Court under sub-section (4), in the respect, stopped or pending procceedings of the joint District Judges Court restored by reason of such declaration and District Judge shall take treatmen of transferring suits to that court.

11) The Artha Rin Adalat shall be situated in the district head quarter and if such Court is established for two more districts, the Govt. shall determine the district head quarter of that Court by notification in the official gazette

12) The judge of the Artha Rin Adalat established or declared under section with a Joint District Judge shall be titled as “Judge, Artha Rin Adalat”

MLCA 2)
Sec-5- Power and Jurisdiction of the Courts (Sole Jurisdiction of the Court) 1) Notwithstanding anything contained in any other law, the suits those ase relating to recover of lending by the fin. Ins. shall be filed I a Artha Rin Adalat.

2) In order to serve the purposes to sell or foreclosure of mortgaged immovable property received as surety against the sanctioned lending in the time

3) If a mortgage suit is initiated for the foreclosure of a suit which is fied by financial inst. Under subsection 2.

4) Notwithstanding anything contained in the transfer of property Act 1882 or other Act for the time being in force.

5) Notwithstanding anything contained in the public demands recovery Act. 1913, even if the land that recoverable by the Artha Rin Adalat, in this respect suit for recovery shall be filed in Court under this Act.

6) When any special provision lending recovery remains in a special law which is made for establishing a financial institution.

7) Notwithstanding anything mentioned in sub section (1) nothing of this section shall be enforceable in respect of recovery of lending which is sanctioned by a financial institutions to the Govt.

8) The suit for filling under this act shall be registered as “ Money Lending Suit”

9) Where there are more than one Artha Rin Adalat in district, the local jurisdiction for filling suit shall be determined by the district Judge.

10) The District Judge may transfer a suit from a Artha Rin Adalat to any other Artha Rin Adalat remains under this own jurisdiction.

MLCA 3)
Sec-6- Trial Procedure- 1) The Procedure of The Code of Civil Procedure, 1908 are not inconsistent with the provisions of this Act shall be applicable in respect of traial or disposal of the proceedings of a suit which is filed in the Artha Rin Adalat under the Act.

2) In respect of filing case by a financial institution, there need a plaint, an affidavit in favour of the matters in the plaint related documentary evidences shall have to be attached to it.

3) The suits that are filed under this Act by the financial institution my contested through submission of written statement of defense.

4) When affidavit attached under sub-section (2) and (3) shall be brought under consideration as sub-attentive evidence in time of disposal of suits in the Artha Rin Adalat.

5) During filing of the suit against the principal debtor, the financial institution shall include the third party mortgagor or third party guarantor in the list of opposite parties

MLCA 4)
Sec-12- To sell of Certain Securities by the Financial Institution- 1) In respect of the provision of the sub-section 2, a financial institution, shall not file a suit in the Artha Rin Adalat till selling out the property of the defendant.

2) Notwithstanding anything stated in the provisions of under subsection 1, if a financial institution files a suit without selling properties that are received on lien.

3) A financial institution shall not file a suit in the Artha Rin Adalat until selling out of the mortgaged immovable property.

4) In time of selling properties stated in the sub section 3 fin. Inst. Shall follow whatever as possible the subsection 1,2 &3

5) If any moveable property under subsection 3 is nt remain in prossession or control of Fin. Ins. After selling that property under that section of the fin. Inst. Fails to give real possession of that property to the purchaser.

6) In respect of non-compliance of the provisions under subsection 2 & 3 by fin. Inst. The Court shall suo

7) The fixed value of property shall be deducted from the claim of suit under section 6

8) Notwithstanding anything contained in any other law for the time being force mortgaged immovable

MLCA 5)
Sec-22: Arbitration:

1. If any order is not passed to make attempt for disposal of the disputes under section 21, the court shall send the suit to the engaged lawyers or if no lawyers is engaged to the parties for making attempt for disposal of that dispute through arbitration. 2. In the suit under sub section(1) the engaged lawyers shall take part in consultation with the parties and their mutual consent shall appoint lawyer who is not engaged in any party or a retired judge or bank officer. 3. While sending the suit, the court shall not mention the fees for the lawyers and the arbitrators. 4. Proceeding of arbitration shall become into end within 60 days of initial attempt form the order passing date. 5. The arbitrator shall submit a statement on the arbitrations proceedings to the court. 6. If the dispute of the suit is settled through arbitration, such arbitration shall be noted down in above stayed statement. 7. On the basis of above mentioned statement shall pass and order or award decree in accordance with the concerned provisions of “the code of civil procedure 1908” if applicable. 8. if the attempt for settlement for the dispute through arbitration fails, the court shall hear the case from the primary stage of arbitration. 9. The arbitration proceedings under this section give surety of keeping confidentiality of the parties. 10. No appeal or revision shall be made in the higher court against the order which has been passed by this Court through arbitration settlement based.

MLCA 6)
Sec- 36 Recovery of the Decreed money from the third Party- 1) If the decree holder information to the court in written prayer that the decree debtor will get money to any person, in this respect the Court after hearing the person.

2) Inspite of anything contained in any law for the time being in force, under subsection1.

3) If the debtor not carry out the order by the Court under subsection 1 & 2 and does not give equivalent amount of money and the same court have power to recover the money as fine

NIA 1)
Definition
Negotiable means transferable by delivery and instrument means a written document by which a right is created in favor of some person. The term Negotiable Instrument literally means ‘a document transferable by delivery’. Negotiable Instruments Act of 1881 which states that, ‘A Negotiable Instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer’ - section 13(1).

NIA 2)
Essential Future
a. Written and signature: Negotiable Instrument must be written and signed by the parties according to the rules relating to promissory notes, bill of exchange and cheque.
b. Money: Negotiable Instruments are payable by legal tender money. The liabilities of the parties of Negotiable Instrument are fixed & determined in terms of legal tender money.
c. Negotiability: Negotiable Instrument can be transferred from one person to another.
d. Title: The holder due course gets a good title to the instrument even in cases where the title of the transfer or is defective.
e. Notice: It is not necessary to give notice of transfer of a negotiable instrument to the party liable to pay. The transferee can sue in his own name.
f. Presumption: Certain presumptions apply to all Negotiable Instruments. It is not necessary to write in a promissory note the word ‘for value received’ or ‘similar expressions.
g. Special procedure: A special procedure is provided for suits on promissory note and bills of exchange. A decree can be obtained much more quickly than it can be in ordinary suits.
h. Popularity: Negotiable Instruments are popular in commercial transactions because of their easy negotiability and quick remedies.
i. Evidence: A document which fails to qualify as a Negotiable Instrument may nevertheless be used as evidence of the fact of indebtedness.

NIA 3)
Types of negotiable instrument 1. Promissory Notes: A promissory note is an instrument in written containing an unconditional undertaking signed by the maker, to pay a certain sum of money only to, or to order of a certain person, or to the bearer of the instrument. 2. Bill of exchange: A bill of exchange is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of a certain person or to the bearer of the instrument. 3. Cheque: A cheque is a bill of exchange drawn upon a specified banker and payable on demand.

NIA 4)
Who can cross Cheque?
The drawer of a cheque can cross t if he so desires. When a drawer issues an open or uncrossed cheque, any holder can cross it generally or specially. If a cheque in crossed generally, the holder may cross it specially. When a cheque is crossed specially the hanker to whom it is crossed may again cross it specially to another banker, his agent, for collection where a cheque is crossed by drawer, he alone has the right to cancel it by writing the words, pay cash across the cheque and putting down his full signature.

NIA 5)
Cancellation of Cross Cheque
The payee of a crossed cheque may not have any account in a bank or any friend to endorse it. He may not also be willing to open any new account. In such a case' he may send the cheque back to the drawer with a request to cancel crossing. The drawer can cancel crossing by writing the words "crossing cancelled", please "pay cash" and adding his signature in full. The payee can now receive payment on presentation of the cheque.

NIA 6)
Bankers’ Safeguards against Fraud & forgery Cheque

1. The drawer must see if the cheque contains drawer’s signature.
2. If the cheque has been drawn in proper form. It can be honored if it is filled up correctly in necessary spaces.
3. A cheque must bear the date. If a cheque is undated the banker can put the date. But undated cheques are usually returned unpaid by bankers.
4. If the cheque is stale or not. Stale means that a cheque is out-dated. It becomes stale when it circulates usually for a longer period.
5. If there has been any material alteration in respect of date, amount, etc. The cheques are not paid if such alterations are not backed by full signature of the drawer 6. If a cheque is mutilated or torn. The banker may ask for confirmation from the drawer regarding payment of mutilated or torn cheque
7. If there is any notice from the drawer or holder in due course regarding the missing or stealing of the cheque.
8. If there is any information regarding the death or insanity or bankruptcy of the drawer of the cheque.
9. Whether there is any information from the drawer or court of law to stop payment of the cheque
10. The banker will refuse payment if the amounts in cheque do not match in word and figure.
11. In case of endorsements the banker should see if endorsements are in proper order or not.
12. I f the cheque has been drawn on the same branch where the drawer has his account. The banker will refuse payment if a drawer draws his cheque on a branch where he does not have any account.
13. If there is sufficient sum at the disposal of the customer's account
14. If it is an order or a bearer cheque and if the name of payee has been mentioned in the order cheque.
15. Lastly, the banker should satisfy himself that the cheque is free from all defects and that the payee or the holder of the cheque is genuine.

NIA7) Dishonor of Cheque
A cheque may be dishonored by a bank in the following circumstance:
1. If funds in the drawer's account are not sufficient to cover the amount stated in the cheque,
2. If the cheque does not bear the signature of the drawer or if the signature does not tally with the specimen signature of the drawer
3. If the cheque is undated. out-dated or stale-dated.
4. If the cheque is torn- or mutilated beyond recognition.
5. If material alterations are not backed by full specified signature with the bank.
6. If the drawer dies, becomes insolvent or bankrupt or insane. Of course, bankers should have received notice in all these cases.
7. If there is any notice for stopping payment in view of any break of contract after the issue of cheque
8. If there is any information about the missing of the cheque from the holder
9. It there is any order from the court to stop payment
10. If there is any irregularity in endorsement
11. If the cheque is not presented for payment within the banking hours
12. If crossed cheque is presented in the counter for encashment.
13. If amount in figures and words does not agree
14. If the cheque has not been drawn in correct form
15. If some of the spaces are not filled in.
16. if funds cannot be made applicable
17. If the name of the payee is not mentioned in the order cheque.
18. if anything is known about the defect in the title of the party presenting the cheque

NIA 8)
Holder :
The holder of a negotiable instrument means any person entitled in his our name to the Possession thereof and to receive or recover the amount due thereon from the parties thereto.

The Holder in Due course:
-The holder of a negotiable instrument is called the holder in due course if he satisfies the following conditions
1. He obtained the instruments for valuable consideration.
2. He become holder of the instrument before its maturity
3. He had no course to believe that any defect existed in the title of the person from whom he derived his title.

NIA 9)
Payment in due course.
According to the section 10 of the Negotiable Instrument Act “Payment in due course means payment in accordance with the apparent tenor of the instrument, in good faith and without negligence to any person in possession thereof under circumstance which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount mentioned therein”.

Payment will be in due course when a cheque is paid in good faith, that is honestly and without negligence in taking proper care and precautions before making payment. The bank will lose protection as provided under section 129 of the Negotiable Instrument Act if it is proved that it neglected in taking necessary care and precaution before making payment of a cheque.