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.
There cannot be any escape from fulfillment of legal necessity as envisaged in section 19 or likewise section 41 of the Ain.
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. Since specific provision is not available in the Act enabling the Artha Rin Court to put 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. To find out more, including how to control cookies, see here: The Artha Rin Adalat Ain is related to the loan recovery process.
In view of the paten inadmissibility of the counterclaim within the framework of Adalat Act, plaintiffs application under Order-7 Rule -Il can be treated as one under Section- C. Relevant Documents, Laws and Procedures.
The review application was not entertainable by the Artha Rin Adalat and as such, incompetent. The Court is to look into the substance o the law, rather than its form. Banking sector passes year with sluggish deposits growth.
There is no option to answer the arguments in written form section 15 2 of ARAA. Thank you so much sir.
Remedial provisions of Artha Rin Adalat Ain
Disseminate the knowledge of this blog among your known-faces. Laws regarding Vested Properties in Bangladesh: Sections 37 and 49 —.
According to section 28 3 4 of the Ain, the second execution case is to be filed within one year from the date of disposal of the previous execution case, and or within 6 years from the date of filing of the first execution case. 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 bangladeeh to 50 per cent of the decretal amount for filing an appeal against the order or decree passed by Artha Rin Adalat.
All the decisions of the Artya Division and this Division clearly focused on the said proposition of law. And next, if possession is found aetha the respondents whether they possessed independently or through judgment debtor. The petitioner can only get any relief if, and only if, the petitioner did not have any knowledge as to the exparte decree or as to the Jari Case. The point raised in this Writ Petition has also been challenged in various other cases under the previous law before this court and the issue has been settled by the High Court Division as well as by the Appellate Division in several decisions.
Artha Rin Adalat Ain, & – The Lawyers and Jurists
Banglaesh the facts and circumstances of the case and in the interest of justice, the Fourth Artha Rin Adalat which now holds the property must dispose of both execution cases under section 27 of the Ain. Sections 33, 38 and 49 —. Rule – 8 2 read with P.
They argue that the remedial provisions have arbitrarily imposed onerous requirements for filing set-aside application and appeal by attaching a financial condition for availing the rights guaranteed under the Constitution. Whether a guarantor would become a defaulter within the meaning of the Bank Company Act.
Remedial provisions of Artha Rin Adalat Ain 2003
All the matters under this statute, as long as it is regarding recovery of loans by financial institutions, has to be entertained by Artha Rin Adalat of the relevant district.
Government of Bangladesh case, following an Artha Rin suit, the petitioner filed a writ petition asserting that Section 41 1 2 of the Act is unreasonable, oppressive and arbitrary as it requires deposit of 50 per cent of the decretal amount at the time of preferring an appeal. Use of the word guarantor in such definition of a defaulter is not at all necessary.
Artha Rin Adalat, Khulna, the court decreed that the defaulter borrower cannot challenge the legality of Section 19 of the Act through filing a writ petition for enforcement of their fundamental rights.
Held; Sub-Section 7 envisages vesting of ownership of the property of the judgment-debtor upon the decree-holder. 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.
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 arthha the drawer as such this offence is of criminal nature to punish the dishonest drawer of cheque.
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” aadalat has been filed by the decree-holder. Artha Rin Adalat is a civil court having limited jurisdiction.
Since the legislature has authorised the Adalat vide section 34 of the Ain of to issue warrant of arrest to detain him in civil prison as a mode of recovery of the decretal amount speedily hence it is not unjust, unfair or unreasonable, resulting to declare it ultra vires the Article 31 of the Constitution. Sections 17 1 2 —. From the averments aalat in the plaint it is seen that Cash-Credit hypothecation and Cash-Credit pledge facilities were allowed to the defendant Nos.
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