• Artha Rin Adalat Ain 2003 Bangladesh Pdf Files Full
• Artha Rin Adalat Ain 2003 Bangladesh Pdf Files 2017
• Artha Rin Adalat Ain 2003 Bangladesh Pdf Files Free

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. Introduction Artho Rin Adalat Ain 2003 covers the matters regarding recovery of loans by financial institutions. These matters are regarded as matters of civil natures. Only financial institutions as well as banks can file cases against the borrower under this Act.

ARTHA RIN ADALAT AIN 2003 BANGLADESH PDF

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.

Further, considering the relevant provisions of Artha Rin Adalat Ain, and in the facts and circumstances of the case this Court cannot invoke its inherent power under section of the Code of Civil Procedure. In view of such facts the plaintiff bank is not entitled to get interest during the pendency of the suit and appeal that is pendente lite interest.

When a guarantor is clearly intended bangladeesh be covered by the sweep of the above definition of a defaulter non-mention of the word does not make any difference. Sections 50 and 60 —.

Some important procedural provisions: As such we hold that the Artha Rin Adalat acted beyond its jurisdiction conferred by ian 5 of the Artha Rin Adalat Act— impugned orders are amenable to revisional jurisdiction under Section C.

In this case, the decree given by the court is to be counted as preliminary decree [section 5 3 of ARAA]. Equality before the law stands for application of the same law without discrimination to all persons similarly situated.

Sections 33, 38 and 49 —. Although in section 7 it is provided that a Judgment or decree of Artha Rin Adalat is appealable yet a judgment which does not result in a decree but results only in an order is not appealable under the Artha Rin Adalat Ain.

Remedial provisions of Artha Rin Adalat Ain 2003

Section 41 2 —. Section 27 1 —. This principle has been incorporated in the Article 27 of Bangladesh Constitution. May 13, at 2: Learned Judge without any investigation passed the order holding that the applicant’s respondents ascertained in the application that their property was wrongly bangladeesh in the auction notice.

Now, if getting riin possession of the property by the financial institution or transferring the possession to the purchaser is necessary for complying with those sections then the defendant will have to transfer the possession to the financial institution or to the purchaser.

The procedure is laid down by law and is to be followed, subject only to the satisfaction of the learned Judge that such arthaa is fit and proper in the facts xrtha circumstances of the case. Please note that the financial institution has to have the lawful right or been given the right to sell the property [section 12 1 and 3 of ARAA].

Since the petitioners have not come with clean hand they cannot seek for exercising Court’s inherent jurisdiction in the name of ends of justice. Water control software.

Artha Rin Adalat Ain 2003 Bangladesh Pdf Files Full

The only purpose is for speedy disposal of the axalat, otherwise the defaulting borrowers of the financial institutions with their best efforts will cause delay in the process of trial. Hence the Rule fails.

Neither he can counterclaim or put any claim of set off against the financial institution while filing the written statement section 18 2 of ARAA. Last night I already shared this post in a law group.

Remedial provisions of Artha Rin Adalat Ain

Artha Rin Adalat Ain 2003 Bangladesh Pdf Files 2017

Sections 26 and 33 4 5 7 9 —. I will try to help to the best of my ability. Provisions ri 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.

Therefore, since the Bank is obligated by the aforesaid stay order, hence Artha Rin Suit against said client may only be instituted after expiry of mentioned 03 months stayed period or if the borrower is treated as defaulter as per such order and this postponement will not be a bar for filing Artha Rin suit according to limitation Act, and Artha Rin Adalat Ain, You are commenting using your Twitter account.

July 11, at Rule – 8 2 read with P. Sections 17 1 2 —. Ein us Contact us Terms of Service. In this regard, this mentionable that, according to section 46 of Artha Rin Adalat Ain.

The point raised in this Writ Petition has also been challenged in various other cases under the previous law before this court aim the issue has been settled by the High Court Division as well as by the Appellate Division in several ainn. It cannot be said that Order XXI, rule 37 of the Code is identical with the provision laid down in section 34 of the Ain of In view of the well settled principle of law as to the question of maintainability of the Writ Petition, there bangladeeh no hesitation to hold that the petitioner has miserably failed to cross the first hurdle, inasmuch as Artha Rin Adalat Ain, is a special law and special provision having been provided in Artha Rin Adalat Ain, for preferring appeal against the judgment and decree passed by the Artha Rin Adalat.

However, if there is any irregularity in the adalxt, then the defendant can claim damages from the financial institution [section 12 8 of ARAA]. What remedies are available for the bank now?

Artha Rin Adalat Ain, & – The Lawyers and Jurists

In the instant case, admittedly no property was mortgaged by the principal debtor-loanee but the property was mortgaged by the petitioner. The revisions which are filed against interlocutory order of the Adalat are not accepted by now.

The remedy in the writ jurisdiction is an equitable one and to seek the same one must come with clean hands and since two judges of banglladesh High Court Division held that the petitioner did not come to the High Court Division with clean hands have rightly found the writ petition as not maintainable.

The civil society has challenged the Sections 19 and 41 of the Act Remedial Provisions on the ground that the fundamental rights of a defaulter borrower under Articles 27 and 31 of the Constitution are compromised when Section 19 of the Act is applied attaching a condition to deposit 10 per cent of the decretal amount to apply for setting aside an ex-parte decree and Section 41 is applied, requiring to deposit in cash an amount equivalent to 50 per cent of the decretal amount for filing an appeal against the order or decree passed by Artha Rin Adalat.

But the law enjoins a strict compliance of the provision in its true purport and spirit. Bangadesh 12 and 33 —. Whether a guarantor would become a defaulter within the meaning of the Bank Company Act. When the decree-holder filed an application as required under sub-section 7 of section 33 of the said Ain the Court is at liberty to issue certificate when plain iflf” application has been filed by the decree-holder.

Ahamuduz Zaman Founder of ain-qanoon. The cross-objection filed beyond thirty days, was rightly rejected by the High Court Division as time barred— in view of Section-6 of the ARA Act a defendant can only challenge the decree of the ARA by filing an appeal under Section-7 of the Act—and is liable to pay necessary court fee and observe other formalities—the petitioners arc not entitled to file any cross objection.

Aln 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. The provision cannot be said to be violative of fundamental right of the petitioner guaranteed by Article 27, 31, 40 and 42 of the Constitution. Should the bank wait for 18 months to recover its money?

Since specific provision is not available in the Artja enabling the Artha Rin Court to adalwt the decree-holder into possession, the Court may exercise its such jurisdiction as provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order. This site uses cookies. The petitioners did not appear before the Court.

Artha Rin Adalat Ain 2003 Bangladesh Pdf Files Free