ARTHA RIN ADALAT 2003 PDF
The provisions of alternative dispute resolution (ADR) is a unique feature of the Artha Rin Adalat Ain, After filing the written statement, the. Law Analysis. Analysis of Artha Rin Adalat Ain (ARAA) Matters covered by this statute, its scope and jurisdiction of Artha Rin Adalat. View Test Prep – Business Low from ORGANIZATI 01 at University of Liberal Arts Bangladesh. Summary of Artha Rin Adalat Ain ” In our legal system.
|Published (Last):||23 December 2006|
|PDF File Size:||15.27 Mb|
|ePub File Size:||16.11 Mb|
|Price:||Free* [*Free Regsitration Required]|
Section 32 2 is one which gives a right to any third party to file application against any grievance that to be remedied. No question shall be raised before any court or authority about any pending proceeding in Artha Rin Adalat rrin its order, judgment or decree.
Miss Universe final ended in tears. 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 qdalat for the opposite-party No. Any other competent person other than a person employed in the profitable service in the Republic.
As the judgment or degree of the Artha Rin Adalat is final and the same cannot be questioned in any court under any separate proceeding the plaintiff’s suit is impliedly barred by specific provision of Artha Rin Adalat Ain.
This court shall irn exclusive jurisdiction to try the suits filed by the financial institutions for realization of debt. Now, if getting the 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 tin or to the purchaser.
Learned Judge without any investigation passed the order holding that the applicant’s respondents ascertained in the application that their property was wrongly included in the auction notice. But these general provisions of law proved to be inadequate in many respects. The statutory requirement to deposit legal requirements particularly in case of Artha Rin Adalat being a special law is mandatory.
No form of word seeking to limit the jurisdiction of the ordinary court protects a nullity. Sections 47 and 50 2 —. From the sub-sections 9 and 10 of section 34 of the Ain, there is nothing to show that there is any scope of issuing any show cause notice before issuing warrant of arrest rather it appears that warrant of arrest may be issued directly.
In view of the overwhelming evidence regarding the arrival of the goods and after releasing the same kept in the Bank’s godown for 9 years had to sell the same in public auction and Bank informed his client regularly in each stage, it can not be accepted the contention that the defendants were not aware of all these things.
In the present Artha Rin Adalat Ain, the legislature by incorporating section 44 has expressly debarred filing revisional application against an interlocutory order passed irn the Adalat pending execution proceeding. The additions or differences or explanation regarding procedures are: 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.
Arthw the instant case, admittedly no property was mortgaged by the principal debtor-loanee but the property was mortgaged by the petitioner.
Anwar Hossain and A. It must be borne in mind that as the matters covered by this statute are of civil nature, therefore, the Adlaat of Civil Procedure CPC is the prime code that has to be followed regarding procedural issues. This develops a habit of reading and an ability to concentrate for very long hours. The learned Judge can still consider such a prayer within the ambit of section In Order to save the valuable public time since the petitioner could not cross the first hurdle, it is not necessary to consider the other grounds of the writ petition.
Please note that, the court will not sell the property, it will argha adjust the loan with the value of the property.
THE ARTHA RIN AIN, 2003
In the instant case, the provisions of Order 1 Rule 10 of the Code are not in conflict with those of the Ain, inasmuch as the for-mer is very much in conformity with the provi-sions gin section 6 5 of the Ain and as such the former is applicable in the instant suit. Section 4 5 7. Sections 37 and 49 —. Arab Bangladesh Bank Ltd. The petitioner being the defendants may still raise the question of liability which they did not raise at the time of framing of issues in the suit by filing an application under section 13 of the Artha Rin Adalat Ain, and the Court may, on such application, adjudicate upon the question rib liability of the present petitioners as issues of law.
However, the decree-holder-Bank shall still approach before the Adalat for issuance of warrant of arrest as per provisions of section 34 1 of the Ain, if he so likes.
Artha Rin Adalat Ain (VIII of ) – The Lawyers and Jurists
Such person can file the suit in an ordinary civil court for relief. Arab Bangladesh Bank Ltd vs Md.
I will try to put important information regarding different statutes or case laws containing procedural and legal provisions and commentaries. If there are special provisions for recovering loan by financial institutions established by special law, then the ARAA provisions will be counted as additional to those provisions.
Artha Rin Adalat Ain, 2003 by Md. Anwar Hossain and A. B. Siddique
Last night I already shared this post in a law group. Home About For Arth. Artha rin Adalat is not a full fledged civil court created for particular purpose and not to try all the intricate issues arise from a loan transaction against which remedy lies only in the civil court. Fill in your details below or click qrtha icon to log in: 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 financial institution has to request the defendant in written form for the transfer.
Loans, Advances and credit are arthha used without making any distinction. In such a case, the period of time under section ada,at of the Act would be subject to the application of the provisions of section 49 as envisaged under sub-section 2 of section 37 of the Act.
Sections 19 and 41 —. Khaleda under fire for remarks on number of Liberation War martyrs. By blending all the to imagine having been a. Call for Genocide Denial Law.
Section 6 1 —. Thus, with a view to make the said Act more amended and consolidated, the Arhta Rin Adalat Ain, has been enacted for recovery of dues by Financial Institutions. Tornadoes kill 7 in US.
SECTION 6 Every plaint and written statements has to be attached with an affidavit and this affidavit shall be treated as substantive evidence so that the trial court may irn instant order or pass judgment only upon perusing the concerned plaint or written statement together with other documentary evidence without deposition of any witness.
Please note that, these matters are regarded as matters of civil nature section 11 5 of ARAA. For selling the above-mentioned property, the financial institutions shall follow the procedure of auction sale provided in Section 33 of the Ain so far as it is possible.