Copyright @ Ministry of Law, Justice and Parliamentary Affairs, Bangladesh. Act (1) Except in a suit under the Artha Rin Adalat Ain, (Amendment) Act, (Act No. . to be an arbitration agreement under section 9 of the Salish Ain. Artha Rin Adalat Ain Bangla 01 – Download as PDF File .pdf), Text File .txt ) or read online. This principle has been incorporated in the Article 27 of Bangladesh The Artha Rin Adalat Ain is related to the loan recovery process.
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Should the bank wait for 18 months to recover its money? Artha Rin Adalat is a civil Court having limited jurisdiction. You are commenting using your WordPress. As such we hold that the Artha Rin Adalat acted beyond its jurisdiction conferred by section 5 of the Artha Rin Adalat Act— impugned orders are amenable to revisional jurisdiction under Section C. Rule 8 2 of the Bangladesh Abandoned Property Land, Building and other Property Rules, though provides for sale of the property to the highest bidder in the open market but the artah provision is only applicable in case of rejection under Article 15 of P.
Sardar jan-A -Alan, Vs.
Remedial provisions of Artha Rin Adalat Ain 2003
Section 34 1 —. Notify me of new comments via email. Learned Judge without any investigation passed the order holding that the applicant’s respondents ascertained in the application that their property was wrongly included in the auction notice.
In the instant case the Adalat passed an order to make payment on four installments within one year, which means payment may he made on four installments within one year. Can the bank file any case before expiration of the stay period or aadlat default? August 6, at 7: Therefore, the government should take up this matter in consultation with the stakeholders as to whether any reform of these two sections is required at all or not and the courts may look at this matter with a liberal approach.
But meanwhile, Honorable High Court Division, stayed the operation of auction notice dated The interest of the state may be hampered by a single decision which may later be used as precedent specially in the above case of financial issues. As there is an Artha Rin Adalat, staying auction means the Artha Rin Court can further proceed to take necessary action without selling the properties before judgement or decree.
Section draws presumption that, one commits the offence if he issues the cheque dishonestly in spite of knowing that his fund is insufficient and this section intended to prevent dishonesty on the part of the drawer as such this offence is of criminal nature to adxlat the dishonest drawer of cheque.
If auction under section 12 of the Artha Rin Adalat Ain stayed by the High Court Division
Provisions of section 34 of the Artha Rin Adalat Ain, that the law provides for simple civil imprisonment of the judgment-debtor to compel to make the payment for satisfaction of the decree and is not an alternative punishment in lieu of payment of the decretal amount. The claim of Taka 5,09, In view of the above, there is no requirement to issue another notice before issuance of the process of arrest under section gangladesh 1 of the Ain of at the execution stage in vangladesh name of natural justice.
Section 32 2 is one which gives a right to any third party to file application against any grievance that to be remedied.
Limitation—In the instant suit, the legal and correct decree was prepared and signed by the trial court on 3. It may be within one month, two months, six months or any month during the duration of one year.
Thank you Hasan Ali. Wdalat me about any information that you want.
Infectious diseases kill 2, in China in Nov. Nothing can challenge the purchase irrespective of whatever is written in other Acts [section 12 8 of ARAA]. The additions or differences or explanation regarding procedures are: But the law enjoins a strict compliance ri the provision in its true purport and spirit.
Some important procedural provisions: Use of the word guarantor in such definition of a defaulter is not at all necessary.
Thank you so much sir. It also appears that the Adalat rejected the applications for dismissing the execution cases on the ground that since there is no indication in the Ain, for disposal of the execution cases arrha under the Ain, the Code of Civil Procedure shall be applicable relating to those execution cases. Ahamuduz zaman Founder of ain-qanoon.
In other words, the relevant provisions of the Code of Civil Procedure so far it relates to the procedure to make the suit ready for holding trial of Artha Rin Suit as well as for execution of decrees are applicable which are not in conflict with the Ain of Section 17 1 2 of the Ain albeit provided time limit to conclude the trial firstly within 90 days if not; extend the period for further period of 30 days, if not concluded within the aforesaid period; the Ain does not provide any consequential effect or procedure or resulting use of the suit and, as such, the time limit as provided under section 17 1 2 of the Artha Rin Adalat Ain is not mandatory as it has no consequential effect or resulting use laid down in the Act itself even if the suit is not disposed of within the time limit.
When a guarantor is clearly intended to be covered by the sweep of the above definition of a defaulter non-mention of the word does not make any difference.
You can apply to the same Bench of the High Court Division for early hearing and vacate the order of stay.
Loan—it seems that there is uniform opinion that with the deposit of money in a bank the relationship that follows between the banker and the depositor is one of debtor and creditor and the amount deposited is a debt to the depositor.
So the amount of claim may be reduced according to section 47 of the Artha Rin Adalat Ain,which allows the Bank to set up claim of only the loan amount by adding not more than double the principle amount as interest irrespective of the contract.
Artha Rin Adalat Ain, & – The Lawyers and Jurists
If any other meaning is given to section 7, then this section will mean that the judgment is appealable but the operative portion of the judgment, namely, the order, will have to be challenged otherwise than by way of appeal. Whether a revisional application or a writ will lie against an interlocutory order passed by Artha Rin Adalat.
It also appears from the averments made in the plaint and the papers placed on the record that said loans were given to the defendant Nos.
This is apparent from the preamble of this statute given at the very beginning of this Act prior to section 1 and also from the section 5. The review application was not entertainable by the Artha Rin Adalat and as such, incompetent. Now, all the ARAA says about procedures are laid down rib fourth chapter within section Artha Rin Adalat can exercise its power under Section 57 of the Adallat to rectify its own mistake by restoring posses sion to respondent No.