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):||5 December 2010|
|PDF File Size:||17.57 Mb|
|ePub File Size:||20.6 Mb|
|Price:||Free* [*Free Regsitration Required]|
The petitioners did not appear before the Court. Questions about this product. 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. In the result, the appeal is disposed of without however any order as to cost. Sections 28 337 and 60 3 —. 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.
Overnight hospital fire kills 31 in KSA. Miss Universe final ended in tears.
THE ARTHA RIN AIN, 2003
It matters very little to a commoner as long as these are money lent out to the people. Sections 17 1 2 —. The provision cannot be said to be violative of fundamental right of the petitioner guaranteed by Article 27, 31, 40 and 42 of the Constitution. All the decisions of the Appellate Division and this Division clearly focused on the said proposition of law. Settlement Conference means a conference presided over by the judge of the Adalat in which the parties to the suits, their appointed lawyers and their representatives may be present.
Artha Rin Adalat Ain, (VII of ) – The Lawyers and Jurists
To find out more, including how to control cookies, see here: Any retired judge 3. Especially the Financial Institutions were suffered a lot for want of effective and speedy machinery to realize their unpaid claim. Kgv mslvwj i ebxi cwiez artha rin adalat ain You can get an idea about the different opinions of the experts, their thoughts processes arrtha beliefs.
On the question 20033 removal the name of Bangladesh House Building Finance Corporation from the definition clause of Artha Rin Adalat Ain,it is found that the Appellate Division pronounced the 0203 on i. But the law enjoins a strict compliance of the provision in its true purport and spirit.
Normally on the day of framing issues the court fix a date for final or peremptory hearing and then the trial stage begins without the need for fixing a separate date for settling a date for hearing. It appears that the Execution Cases were filed by the decree holder bank to execute the decree before the Adalat constituted under the Ain, and thereafter, the Adwlat Rin Adalat Ain, having adala into force on upon repealing the Ain of in which the said execution cases automatically transferred to the Artha Rin Adalat established under the Ain, under the provision of section 60 3 of the said Ain.
Matters covered by this statute, its scope and jurisdiction of Artha Rin Adalat: Due to non-fulfilment of the mandatory requirement of sub-section 2 of section 41 of the Ain no valid appeal is pending before this Court and, as such, the application filed for dismissing the appeal on the rinn of maintainability has got substance for which the appeal is liable to be dismissed as not maintainable in law.
Upon deposit of Tk. All suits relating to the realization of loan of a financial institution including Mortgage Suit for foreclosure and sale and even public demand of more than Tk. Section 33 7 — Going through the provision laid down in Article 42 and 31 of the Constitution but it appears that there is no scope to say that the provision laid in section 33 7 in any way is found to be inconsistent the provision laid down in the Constitution and hence there is no merit in the Rule in that Count.
The learned Judge of the Artha Rin Adalat assumed illegal jurisdiction over the said other suit and held the trial of the civil suit adalta having any jurisdiction. Fill in your details below or click an icon to log in: A cash credit is an arrangement by which a banker allows his customer to borrow money upto a certain limit. Therefore, the question raised can be decided at the trial of the suit and at the time of receiving evidence from the parties.
THE ARTHA RIN AIN, – Amjonota Blog
Without any prior approval as regular loan. Qrtha given to the Government by the following institutions [section 2Ka ] are not recoverable by the Artha Rin Adalat: It refers to small credit specially credit for the poor, agriculture, rural development, women empowerment and other types of credit for poverty alleviation. I have land properties and cash capital as well.
The artha rin adalat ain the money loan court act tourism. Section 17 1 2 —. As such, dismissal of the said execution case on for default was made by the Adalat constituted under Ain Thus, there afalat no illegality or impropriety in the impugned order of the learned Judge of Artha Rin Adalat No.
The rkn in the writ jurisdiction is an equitable one and to seek the same one must come with clean hands and since two judges of the High Court Division held that the petitioner did not come to the High Court Division with clean hands have rightly found the writ petition as not maintainable.
In view of the well settled principle of law as wdalat the question of maintainability of the Writ Petition, there is no hesitation to hold that the petitioner has miserably failed to cross the first hurdle, inasmuch as Artha Rin Adalat Ain, is a special law and 200 provision having been provided in Artha Rin Adalat Ain, for preferring appeal against the judgment and decree passed by the Artha Rin Adalat.
Since the judgement debtor did not pay the decretal amount in accordance with the order of the Court it would be liable to pay at the various rates which may change from time to time. I appreciate your attempt and working relentlessly for aealat knowledge.