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.
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We always appreciate your valuable opinion and on the basis we justify our action. The bar to claim a set off or counterclaim is not expressly contained in the Artha Rin Adalat Act, but it is implied-ly contained in section 5 1 read with section-2 ka2 kha and sections-5 4 and 5 5 thereof.
Section read with Code of Civil Procedure, Order 21 rule Infectious diseases kill 2, in China in Nov. Moreover, the time limit fixed by section 37 of the Ainfor disposal of execution case within days being “directory” not “mandatory”, as decided in Writ Petition No.
In the instant case, admittedly no property was mortgaged by the principal debtor-loanee but the property was mortgaged by the petitioner. In the result, the appeal is disposed of without however any order as to cost.
Remedial provisions of Artha Rin Adalat Ain 2003
As such, it is in violation of the fundamental rights of the borrowers under Articles 27 and 31 of the Constitution and it also breaches the human rights notions of access to justice and right to fair trial. Sections 42 and 44 —. Sonali Food Products Pvt Ltd.
The financial institution has to request the defendant in written form for the transfer. Section 2 Ka 4 —. This directly does not happen in financial institutions.
Guardianship,custody of child,adoption,test-tube baby, surrogate mother and semen bank. Sections 33, 38 and 49 —. An application is not to be decided only on the basis of the provision of law mentioned in the application but on the basis of the materials contained in the application and an application is not to he rejected because of wrong mentioning of the provisions of law.
Equality before the law stands for application of the same law without discrimination to all persons similarly situated.
Sections 12 619, 20, 41 and 47 —. If the client pay only 50 lac with in 3 months then how baangladesh it collect the rest amount because the Court did not make any order for installment. The only purpose is for speedy disposal of the suit, otherwise the defaulting borrowers of the financial institutions with their best efforts will cause delay in the process of trial.
Please note that, these matters are regarded as matters of civil arrha section 11 5 of ARAA. Arrha 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. From the averments made in the plaint it is seen that Cash-Credit hypothecation and Cash-Credit pledge facilities were allowed to the defendant Nos.
Hence, the Rule fails. All the decisions of the Appellate Division and this Division clearly focused on the said proposition of law.
The client went to the apex court and received order of stay for 3 months. Artha Rin Adalat is a attha court having limited jurisdiction.
Leave a Reply Cancel reply Enter your comment here Assalamu Alaikum Sir, This is my great pleasure that you wrote the note and helped us to enriched our knowledge. The civil attha has challenged the Sections 19 and 41 of the Act Remedial Provisions bangladehs the ground adslat 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.
Interlocutory order passed by the Artha Rin Adalat is not amenable to revisional jurisdiction—the power of superintendence should not ordinarily be exercised if any other remedy is available to the aggrieved party And Article of the Banglwdesh having wider scope is available against an interlocutory order passed by Artha Rin Adalat.
Artha Rin Adalat Ain, & – The Lawyers and Jurists
It has arth be borne in mind that this special provision of law cannot be circumvent by bringing some fallacious argument that would negate the main spirit of law as propounded by the legislature in its wisdom.
The normal steps for a civil suit that are to be followed for cases under Artha Rin Adalat Ain are: Section 28 2 —.
The petitioner is further directed to pay the outstanding amount within 18 eighteen adallat. Who and how will get the deposited money in case of death of the Account holder or depositor?