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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Although the effect of a set off or counterclaim is that of a plaint in a cross suit, Order-7, Rule, C. I artah the newly constituted respondent No. Now, all the ARAA says about procedures are laid down in fourth chapter within section Plaintiff may have recourse to section of the C. 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 22003 one.
June 15, at 6: The statutory requirement to deposit legal requirements banglqdesh in case of Artha Rin Adalat being a special law is mandatory.
You are commenting using your Twitter account. Provide info to log in. Section-5 read with Code of Civil Procedure, Order-9 rule 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 arha 3 of the said Ain.
Email required Address never made riin. 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 parties in their petition can provide for re-payment of the entire agreed dues in one installment.
Artha Rin Adalat Ain, & – The Lawyers and Jurists
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. In view of such facts the plaintiff bank is not entitled to get ada,at during the pendency of the suit and appeal that is pendente lite interest.
However, if there is any irregularity in the sale, then the defendant can claim damages from the financial institution [section 12 8 of ARAA]. Sections 20 and 41 —. In this case, the decree given by the court is to be counted as preliminary decree [section 5 3 of ARAA]. National Bank Limited and others justified the condition of appeal through referring it as a mere condition of appeal in a regular suit, which cannot be equated with other laws.
Remedial provisions of Artha Rin Adalat Ain 2003
It appears that the time-frame for disposal of the execution case has been provided for in section 37 of the Act. Banking sector passes year with sluggish deposits growth. Sections 19 and 41 —.
Nominee, attorney, agent, representative, savings and bank accounts, partition, succession, warisan and inheritance.
Artha Rin Adalat Ain, – The Lawyers and Jurists
The High Court Division on due consideration of the materials on record and the law involved discharged the Rule. Sections 20 and 19 —. 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.
Moreover, the rule of law is a priority of the government of Bangladesh. Sections 3, 26, rjn and 34 —. Section 2 Ka 4 —.
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 Constitution having wider scope is available against baangladesh interlocutory order passed by Artha Rin Adalat.
The additions or differences or explanation regarding procedures are: Firstly, adalqt please remember that the Supreme Court is the constitutional Court not a commercial court. It must be borne in mind that as the matters covered by bxngladesh statute are of civil nature, therefore, the Code of Civil Procedure CPC is the prime code that has to be followed regarding procedural issues.
The Judgment and decree passed expiration Please note that, the court will not sell the property, it will just adjust the loan rib the value of the property. It also appears rrin 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 arth under the Ain, the Code of Civil Procedure shall be applicable relating to those execution cases.
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 by 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 on priority basis and, as such, the provisions as laid down in section 17 of the Ain is merely directory one. Sections 12 619, 20, 41 and 47 —.
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. Ershad’s JP to lead baangladesh in parliament again. Sections 17 1 2 —. Section 21 is an overriding provision, to which effect is to irn given subject only to the satisfaction of the learned Judge of the Artha Rin that the procedure would be fit and proper in his discretion.
Alternatively, plaintiff may bring the maintainability of the set off or counterclaim as an issue of law under Order 14 Rule 2 C.