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.
|Country:||Sao Tome and Principe|
|Published (Last):||1 March 2013|
|PDF File Size:||8.71 Mb|
|ePub File Size:||7.57 Mb|
|Price:||Free* [*Free Regsitration Required]|
Rule 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. We always rih your valuable opinion and on the basis we justify our action. Government bangpadesh 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.
The petitioners did not appear before the Court. These remedial provisions, they add, were enacted in the name of special laws in excess of the requirements to ensure government interest in quick realisation of banks’ dues and have detrimental effect on business and property of the defaulter borrowers. The Section 33 of P.
I appreciate your attempt and working relentlessly for spreading knowledge. Whether the execution Cases filed under the repealed Artha Rin Adalat Ain treated as pending cases within the meaning of section 60 3 of the Artha Rin Adalat Ain, The statutory requirement to deposit legal requirements particularly in case of Artha Rin Adalat being a special law is mandatory. With the object to circumscribe said defaulted culture of the borrowers some deterrent provisions like sections 19,41,42,44, including 34, have been incorporated in the Act VIII of which is absolutely within the wisdom and domain of the legislature.
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 You are commenting using your Twitter account.
Sections 6 5 and 57 —. 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 available for the opposite-party No.
Please note that, these matters are regarded as matters of civil nature section 11 5 of ARAA. Under section 26 of the Ain the provision of the Code is applicable so far as it is not inconsistent with the provisions of the Ain which includes the provisions of section 34 of the Ain.
If auction under section 12 of the Artha Rin Adalat Ain stayed by the High Court Division
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. Thank you so much sir.
Section 41 2 —. The learned Judge can still consider such a prayer arhta the ambit of section Admittedly the opposite parties are not financial institution. Should the bank wait for 18 months to recover its money?
Such definition includes amongst other a guarantor of a loan.
Artha Rin Adalat Ain, & – The Lawyers and Jurists
Bahgladesh question shall be raised before any court or authority about any pending proceeding in Artha Rin Adalat or its order, judgment or decree. Rule 58 of Order XXI of the Code of Civil Procedure requires an executing Court to investigate the claim or objection of an objector as if he was a party to suit.
The normal steps for a arrha suit that are to be followed for cases under Artha Rin Adalat Ain are: Whether on the issuance of the certificate of title in favour of the decree holder, the execution case had already been disposed of and the court has got nothing further to do in this respect.
Civil imprisonment will not exempt payment of the decretal amount. To find out more, including how to control cookies, see here: The bngladesh order dated insorfar as it relates to warrant of arrest is hereby declared to have been made without lawful authority and is of no legal effect. If the client pay only 50 lac with in 3 months then how shall it collect the rest amount because the Court did axalat make any order for installment.
Remedial provisions of Artha Rin Adalat Ain 2003
Since the intention of law is not to put a person unconnected with loan transaction into the rigorous procedure of a special statute for protection of his property.
Sections 12, 46 and 57 —. In the result, the Rule is made absolute without any order as to cost. Such investigation is dispensed with only when the court considers the claim or objection was designedly or unnecessarily delayed.
This decree will become a final decree after the auction sale of the immovable property [section 5 4 of ARAA]. What is not in the law itself, cannot be imported in the law by way of interpretation. It must be borne in mind that as the matters covered by this statute are of civil nature, therefore, the Code of Civil Procedure CPC is the prime code that has to be followed regarding procedural issues.
You are welcome and thank you too for the inspiration. Modi congratulates Hasina on election win. Now, all the ARAA says about procedures are laid down in fourth chapter within section 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.