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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Remedial provisions of Artha Rin Adalat Ain
Sections 12 619, 20, 41 and 47 —. 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.
Sections 19 and 41 —. Since the legislature has authorised the Adalat vide section 34 of the Ain of to issue warrant of arrest to detain him in civil prison as a mode of recovery of the decretal amount speedily hence it is not unjust, unfair or unreasonable, resulting to declare it ultra vires the Article 31 of the Constitution. Such precondition being imposed by the Parliament, who has the power to 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.
Matters covered by this statute, its scope and jurisdiction of Artha Rin Adalat: However, if viewed from the perspective of a consumer taking loan which is essentially a funding by the institution and liability for the consumer, yes, a financial institution can sue. In Order to save the valuable public time since the petitioner could not cross the first hurdle, it is not necessary to consider the other grounds of the writ petition.
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? 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.
Provisions of section 34 of the Artha Rin Adalat Ain, that the law provides for simple civil imprisonment of the judgment-debtor to compel to make the payment for satisfaction of the decree and is not an alternative punishment in lieu of payment of the decretal amount.
Email required Address never made public. Government of 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. This Act under Section 19, gives right to the borrowers to redress grievances against judgment and decree, whether ex-parte or contested.
Wanted volunteers for relief work. Section —2 read with Banking Companies Act, Section Section 41 2 —.
Artha Rin Adalat Ain, & – The Lawyers and Jurists
Section 32 2 is one which gives a right to any third party to file application against any grievance that to be remedied. Please note that the financial institution has to have the lawful right or been given the right to sell the property [section 12 1 and 3 of ARAA].
Artha Rin Adalat is a civil court having limited jurisdiction. Since the petitioners have not come with clean hand they cannot seek for exercising Court’s inherent jurisdiction in the name of ends of justice. Sections 42 and 44 —. The auction sale notice was published in the ‘Daily Sonar Desh’ on mentioning date of auction sale on at PM but the property in question was not sold due to non-availability of the auction purchaser. Further the above Commerce Bank and Investment Limited, which became defunct in the year did not file the above suit.
In the present Artha Rin Adalat Ain, the legislature by incorporating section 44 has expressly debarred filing revisional application against an interlocutory order passed by the Adalat pending execution proceeding. In default, the rule shall stand discharged and the respondents i. From reading section 21 it appears that if the Court deems fit and proper after filing and perusing the written statement then the Court can invoke the provision of this section.
Remedial provisions of Artha Rin Adalat Ain 2003
Moazzam Husain J dissenting. The Execution Case No. In the result, the appeal is disposed of without however any order as to bangladesb. Banking sector passes year with sluggish deposits growth. Please note that, the court will not sell the property, it will just adjust the loan with the value of the property.
As there is an Artha Rin Adalat, staying auction fin the Artha Rin Court can further proceed to take necessary action without selling the properties before judgement or decree.
The revisions which are filed against interlocutory order of the Adalat are not accepted by now. 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 is not to he rejected because of wrong mentioning of the provisions of law.
Sections 12 and 33 —. Proceedings under Artha Rin Adalat Ain rib be initiated only after expiry of this period or when the borrower fails to pay the loan amount as per order of the court.
Artha Rin Adalat can exercise its power under Section 57 of agtha Ain to rectify its own mistake by restoring posses sion to respondent No. The client went to the apex court and received order of stay for 3 months. Hence, the Rule fails. Section 21 is an overriding provision, to which effect is to be given subject only to the satisfaction of the learned Judge of the Artha Rin that the procedure would be fit and proper in his discretion.
This provision has prescribed the time boundary of filing suit but is not a mandatory period of limitation for filing suit.