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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So, there is no legal mandate to stop or dismiss the Artha Rin suit if the trial of the same be not concluded within the period of 90 days and further extended period of 30 days.
Sections 17 1 2 —. 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. The financial institution has to request the defendant in written form for the transfer. Therefore, this matter should be scrutinised by the government with greater care and the judiciary may step in to uphold the international commitments of our government while applying these two sections.
It has to be borne in mind that this special provision of law cannot be circumvent by bringing some fallacious argument that gangladesh negate the main spirit of law as propounded by the legislature in its wisdom.
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Remedial provisions of Artha Rin Adalat Ain
Section-5 read with Code of Civil Procedure, Order-9 rule Sections 12 1 2 3 6 and 49 —. Limitation—In the instant suit, the legal and correct decree was prepared and signed by the trial court on 3. Notify me of new comments via email. Sections 3, 26, 30 and 34 —. Loan—it seems that there is uniform opinion that with the deposit of money in a bank the relationship that follows between the banker and the depositor is ron of debtor and creditor and the amount deposited is a debt to the depositor.
Now-a-days many decisions of the Supreme Court is delivered that needs further clarifications as it relates to the functions of the irn or some financial organizations. However, you can challenge the order in the Appellate Division by filing a leave to appeal. This is apparent from the preamble of this statute given ani the very beginning of this Act prior to section 1 and also from the section 5.
It cannot be said that Order XXI, rule 37 of the Code is identical with the provision laid down bahgladesh section 34 of the Ain of Artha Rin Adalat is a civil court having limited jurisdiction. In this case, the court said that depositing 50 per cent of the decretal amount at the time of preferring an appeal does not violate any fundamental right guaranteed under the Constitution.
In case of non-funded liability, a civil suit can be brought by way of common law doctrine of estoppel due to the acceptance of the liability. It is apparent that the requirement of time-frame for disposal of an execution case as laid down in section 37 of the Ain,is merely directory and not mandatory. Most Viewed Bangladehs Banking sector passes 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 agtha 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 adalqt for help after getting locked inside car Secondary trading of treasury bills, bonds dips sharply.
Sections 12 619, 20, 41 and 47 —. He can, therefore, maintain his suit in an ordinary civil Court for relief.
Remedial provisions of Artha Rin Adalat Ain 2003
Such precondition being imposed by the Parliament, who has the power bangladesu lake away any vested right by clear and unambiguous language, the same cannot be said to have taken away the right to protection of law.
The petitioner is further directed to pay the outstanding amount within 18 eighteen months. The Artha Rin Adalat suit shall not abate or dismissed rather it should be disposed on merit.
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. Bangladesh Commerce Bank Ltd. Sonali Food Products Pvt Ltd. 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.
The revisions which are filed against interlocutory order of the Adalat are not accepted by now. You have touched so many important issues in this question that it needs time and labour to answer all your queries with references. Section draws presumption that, one commits the offence if he issues the cheque dishonestly in spite of knowing that his fund is insufficient and this section intended to prevent dishonesty on the part of the drawer as such this offence is of criminal nature to punish the dishonest drawer of cheque.
Artha Rin Adalat Ain, – The Lawyers and Jurists
The claim of Taka 5,09, 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 ground of maintainability has got substance for which the appeal wrtha liable to be dismissed as not maintainable in law.
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 adlaat Deposit of Title Documents as forged, fabricated and false rather the only remedy available for the opposite-party No.
The High Court Division in its order further stated that the client shall pay taka 50 lac with in 3 months and the rest with in 18 months and in default bank can take necessary action.
Section 17 1 2 of the Ain albeit provided time limit to conclude the trial firstly within 90 days if not; extend the period for further period of 30 days, if not concluded within the aforesaid period; the Ain does not provide any consequential effect or produce or resulting use of the suit and as such the adalqt limit as provided under Section 17 1 2 of the 2030 Rin Adalat Ain is not mandatory at it has no consequential effect or resulting use laid down in the Act itself even if the suit is not disposed of within the time limit.
Sections 47 and 50 2 —.