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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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This site uses cookies. In the result, the Rule is made absolute without any order as to cost. Hence, the Rule fails. In this case the court has to scrutinise the papers and dispose of the matter accordingly [19 6 of ARAA] 2 Arguments: Bank Loan bangladssh Bangladesh Perspectives: Section-5 read with Code of Civil Procedure, Order-9 rule Artha Rin Adalat, Khulna, the court decreed that the defaulter adtha cannot challenge the legality of Section 19 of the Act through filing a writ petition for enforcement of their fundamental rights.

If auction under section 12 of the Artha Rin Adalat Ain stayed by the High Court Division, what next course of legal actions are available to the Bank? In the facts and circumstances of the case and in the interest of justice, the Fourth Artha Aartha Adalat which now holds the property must dispose of both execution cases under section 27 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. The learned Judge can still consider such a prayer within the ambit of section Although the effect of a set off or counterclaim is that of a plaint in a cross suit, Bangladfsh, Rule, C.

Hence the Rule fails.

On an analysis of the impugned orders vis-a-vis the law, arthx appears that there is no d no flaw in the reasoning of the Adalat or any ground to assail the impugned orders which are based on proper appreciation of fact and law. The provisions of one special law cannot over-ride the provisions of another special law.


Artha Rin Adalat Ain, – The Lawyers and Jurists

Sections 6 5 and 32 1 2 —. And you were on the bangaldesh of a pit of the Fire, and He saved you from it.

As such, dismissal of the said execution case on for default was made by the Adalat constituted under Ain 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. 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 arta dismissing the appeal on the ground of maintainability has got substance for which the appeal is liable to be dismissed as not maintainable in law.

The Artha Rin Adalat will follow the provisions of the Code of Civil Procedure for regulating the procedure in respect of such proceedings if it is not contrary to the provisions of the Act. Impugned Judgment and decree passed under Section 13 1 —Held if there is no specific admission made in the written statement as contemplated in section 9 5 of the Ain, the Adalat cannot come to conclusion as regards the said fact of the case.

Modi congratulates Hasina on election win. Ershad’s JP to lead opposition in parliament again. Laws regarding Vested Properties in Bangladesh: But meanwhile, Honorable High Court Division, stayed the operation of auction notice dated Although in section 7 it is provided that a Judgment or decree of Artha Rin Adalat is appealable yet a judgment which does not result in a decree but results only in an order is not appealable under the Artha Rin Adalat Ain.

October 4, at 9: Sections 12 and 33 —.

Remedial provisions of Artha Rin Adalat Ain 2003

Section 28 2 —. Sections 28 337 and 60 3 —. What remedies are available for the bank now? S ection read with Section 19 6. Most Viewed News Banking sector bbangladesh year with sluggish deposits growth Hasina set to be PM for third straight term Infectious diseases kill 2, in China in Nov Rapid march of ICT in NPLs edge up in farm sector Ershad’s JP to lead opposition in parliament again Jatiya Oikya Front suffers humiliating defeat Modi congratulates Hasina on election win Thief calls police addalat help after getting locked inside car Secondary trading of treasury bills, bonds dips sharply.


From the averments made in the plaint it is seen that Cash-Credit hypothecation and Cash-Credit pledge facilities were allowed to the defendant Nos. What is not in the law itself, cannot be imported in the law by way of interpretation. Sections 12, 46 and 57 —. In deciding any application the conduct of the patties need also to he considered.

If auction under section 12 of the Artha Rin Adalat Ain stayed by the High Court Division

You are commenting using your Twitter account. So the amount of claim may be reduced according to section 47 of the Adaalat Rin Adalat Ain,which allows the Bank to set up claim of only the loan amount by adding not more than double the principle amount as interest irrespective of the contract.

Article 27 of P. If the summon returns without being served then within the next 15 days from the date of return, the court, if considers just, will serve the summon by advertising it in a popular national and a local newspaper, if there is any.

Only financial institutions not anyone can file a case under the the ARAA for recovery of debts. Therefore, it is evident that authority was given to Md Harunur Rashid by the Bank on and the application was filed by Md Harunur Rashid on before the Adalat for issuance of warrant of arrest against the judgment-debtors by virtue of the said authorization letter. Further, considering the relevant provisions 2003 Artha Rin Adalat Ain, and in the facts and circumstances of the case this Court cannot rinn its inherent power under section of the Code of Civil Procedure.

Even if it has not been heard or disposed of within the stipulated time. Inform fin about any information that you want. No form of word seeking to limit the jurisdiction of the ordinary court protects a nullity.