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.
|Published (Last):||22 July 2010|
|PDF File Size:||18.48 Mb|
|ePub File Size:||16.53 Mb|
|Price:||Free* [*Free Regsitration Required]|
The petitioner is further directed to pay the outstanding amount within 18 eighteen months.
Instant suit was filed in and it has crossed Artha Rin Adalat Ain and now continuing under the provisions of Artha Rin Adalat Ain, and all the law it is the intention of the legislature to dispose of the suit on merit and also with an intention to dispose of the suit expeditiously or in priority basis and as such the provisions as laid down in section 17 of the Ain is merely directory one. You are commenting using your Twitter account. In the instant case, admittedly srtha property was mortgaged by the principal debtor-loanee but the property was mortgaged by the petitioner.
From the application filed by the Bank under section 34 1 of the Ain it transpires that the said application was filed by Mr Harunur Rashid, Senior officer of the Bank on Proceedings under Irn Rin Adalat Ain may be initiated only after expiry of this period or when the borrower fails to pay the loan amount as per order of the court. Sections 47 and 50 2 —.
Artha Rin Adalat Ain, – The Lawyers and Jurists
Nominee, attorney, agent, representative, savings and bank accounts, partition, succession, warisan and inheritance. 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 said provision is only applicable in case of rejection under Article 15 of P.
The auction sale notice was published in the ‘Daily Sonar Desh’ on mentioning date of auction sale on at PM but the property in question was not sold due to non-availability of the auction purchaser. In deciding any application the conduct of the parties need also to be considered. Should the bank wait for 18 months to recover its money?
Remedial provisions of Artha Rin Adalat Ain 2003
Agtha 31 ensures that no action detrimental to the life, liberty, body, reputation or property of any citizen shall be taken except in accordance with the laws of Bangladesh. Artha Rin Adalat can exercise its power under Section 57 of the Ain to rectify its own mistake by restoring posses sion to respondent No. The Court is to look into the substance o the law, rather than its form.
The procedure is laid down by law and is to be followed, subject only to the satisfaction of the learned Judge that such procedure is fit and proper in the facts and circumstances of the case. Compiled and edited by: Section 6 of the Artha Rin Adalat Ain, or for that matter Section 20 of Ain, create a bar in proceeding with a subsequent suit making a prayer for setting-aside an ex-parte decree even on the ground of fraud or even with a prayer for another declaration for the Power of Attorney and Memorandum of Deposit of Title Documents as forged, fabricated and false rather the only remedy available for the opposite-party No.
However, if there is any irregularity in the sale, then the defendant can claim damages from the financial institution [section 12 8 of ARAA]. Though Bangladesh Commerce and Investment Limited was neither a financial institution nor a commercial bank but even then sanctioned loan to the defendant No. Without the delivery of possession, the execution case cannot be disposed of.
So the amount of claim may be reduced according to section 47 of the Artha Rin Adalat Ain,which ai 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.
And under Section 41, it grants a right of appeal to a party which has been aggrieved by order or decree passed by the Artha Rin Adalat. Relevant Documents, Laws and Procedures. Rule – 8 2 read with P. Thereafter, Artha Rin Adalat Ain having come into force on upon repealing the Ain ofthe said execution case was transferred to the Artha Rin Adalat constituted under the Ain pursuant to section 60 3 of the said Ain.
Civil imprisonment will not exempt payment of the decretal amount. June 15, at To find out more, including how to control cookies, see here: Whether a revisional application or a writ will lie against an interlocutory order passed by Artha Rin Adalat.
Artha Rin Adalat, Khulna, the court decreed that the defaulter artna cannot challenge the legality of Section 19 of the Act through filing a writ petition for enforcement of their fundamental rights. On an analysis of the impugned orders vis-a-vis the law, it appears that there is adalzt d no flaw in the reasoning of the Adalat or any ground to assail the impugned orders which are based on proper appreciation of fact and law.
The revisions which are filed against interlocutory order of the Adalat are not accepted by now. In view of the above, there is no requirement to issue another notice before issuance of the process of arrest under section 34 1 of the Ain of at the execution stage in the name of natural justice.
In our addalat upon making advance sale of the fertilizer the defendant Nos. Artha Rin Adalat is a civil court having limited jurisdiction.
But the above judgement was not only stayed operation of the auction process but also stayed all necessary action of the bank which is not in accordance with the spirit of the law, equity, justice and good conscience. It is apparent that the requirement of time-frame for disposal of an execution case, as stated in section 37, is merely directory and not mandatory.
Sections 37 and 49 —. Even if it has not been heard or disposed of within the stipulated time.
Sections 33 and 34 —.