Gogore 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 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.
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Gogore 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 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. 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. 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.
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.
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 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. Related Posts.
ARTHA RIN ADALAT AIN 2003 BANGLADESH PDF
Vugis He can, therefore, maintain his suit in an ordinary civil Court for relief. One of our client did not pay last two years any installment and as such became defaulter and his name was listed in the CIB. An application is not to be decided only on the basis of the provision of law mentioned in the application but on the basis of the materials contained in the application and an application banglladesh not to he rejected because of wrong mentioning of the provisions of law. Sections 12 , 20, 41 and 47 —. Tasmiah Nuhiya Ahmed Published: Sections 12 and 33 —. Civil imprisonment will not exempt payment of the decretal amount.
Artha Rin Adalat Ain (VIII of 2003)
The civil courts were burdened with other businesses and such suits of banks consumed time for disposing of. The delay caused made the bank sector suffer for non-realisation of dues in time and the bankers gathered bitter experience in realising the same. To remove this difficulty, the government enacted a special piece of legislation named "The Artha Rin Adalat Ain, " which had gone under some changes by way of amendments since its inception. The thinkers on the subject gave second thoughts to frame a new law and ultimately the legislature passed "The Artha Rin Adalat Ain, " hereinafter Adalat by repealing the earlier one.
ARTHA RIN ADALAT 2003 PDF
Thus, the provisions of section 51 and Order XXI, rule 37 of the Code are in conflict with the provisions of section 34 1 9 10 of the Ain. 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. Moreover, under section 30 of the Ain special provision has been made for publishing notice after filing of the execution case undtv rrrUun circumstances. 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. What is not in the law itself, cannot be imported in the law by way of interpretation.