Only financial institutions not anyone can file a case under the the ARAA for recovery of debts. Now, funded liability, so far I understand it. The Artha Rin Adalat Ain is related to the loan recovery process. Section 19 of the Act deals with the process for a loan defaulter’s. Section 37(1) of the Artha Rin Adalat Ain, (also known as Money Loan Court Act, ) provides that subject to the provision of.
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Artha Rin Adalat Ain is a special law providing special provisions to combat different situations. Badruzzaman J Azizur Rahman Md. The interest of the state may be hampered by a single decision which may later be used as precedent specially in the above case of financial issues.
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 Artha Rin Adalat Ain, having come 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.
What remedies are available for the bank now? According to section 28 3 4 of the Ain, the second execution case is to be filed within one year from the date of disposal of the previous execution case, and or within 6 years from the date of filing of the first execution case. Badrazzaman J Mosharef Hossain Md. The only purpose is for speedy disposal of the suit, otherwise the defaulting borrowers of the financial rrin with their best efforts will cause delay in the process of trial.
Civil imprisonment will not exempt payment of the decretal amount. The petitioner being a defendant in the suit having not contested the same, preferring of the writ petition without availing the forum of appeal as provided under section 41 of the Ain or challenging the ex parte decree under section 19 of the Ain, the writ petition is 203 maintainable.
Artha Rin Adalat Ain, (VII of ) – The Lawyers and Jurists
October 25, Designed and developed by Optimo Solution. Ruhul Quddus J Md.
Yasin Miah and others Vs. So, from this provision it appears that the execution case has been proceeding in accordance with law.
In such a case, the period of time under section 37 of the Act would be subject to the application of the provisions of section 49 as envisaged under sub-section 2 of section 37 of the Act.
Ershad’s JP to lead opposition in parliament again. By continuing to use this website, you agree to their use. I will try to put important information regarding different statutes or case laws containing procedural and legal provisions and commentaries. This provision has prescribed the time boundary of filing suit but is not a mandatory period of limitation for filing suit.
Hasina set to be PM for third straight term. Babul Chandra Sheel Vs. Artha Rin Adalat can exercise its power under Section 57 of the Ain to rectify its own mistake by restoring posses sion to respondent No. The Execution Case No. Ahamuduz Zaman Founder of ain-qanoon.
The material facts relevant. All the decisions of the Appellate Division and this Division clearly focused on the said proposition of law. Act VIII of Sections 34 and 44 2. The revisions which are filed against interlocutory order of the Adalat are not accepted by now. Section 50 3 of the Ain of gives the authority on appellate Court to waive the interest, during the period of pendency of the suit and appeal if it thinks just and proper.
Respondents Judgment October 3, In other words, the relevant provisions of the Code of Civil Procedure so far it relates to the procedure to make the suit ready for holding trial of Artha Rin Suit as well as for execution of decrees are applicable which are not in conflict with the Ain of Bodiuzzaman Milon and another Vs.
Remedial provisions of Artha Rin Adalat Ain 2003
Hence, filing of the second execution case on is very much within one year of the srtha of the earlier case and is wholly within the scope of section 28 3 of the said Ain of Thus, there is no illegality or impropriety in rinn impugned order of the learned Judge of Artha Rin Adalat No.
August 6, at 7: Sections 33, 38 and 49 —. However, if the court admits written or oral arguments then it has to pronounce judgment within 10 days of completion of written or oral arguments. Sections 26 and 33 4 5 7 9 —. As such, dismissal of the said execution case on for default was made by the Adalat constituted under Ain What will be the status of a default borrower? Moreso, the said provision stands for money decree passed in a Money Suit but not in a suit for recovery of bank loan which may also be called a money decree for which special law exists for the said purpose e.
Thief calls police for help after getting locked inside car. But the law enjoins a strict compliance 0203 the provision in its true purport and spirit.
After hea rin g the parties learned Sub-ordinate Judge by his judgment and dec. Sections 12 619, 20, 41 and 47 —.
There cannot be any escape from fulfillment of legal necessity as envisaged in section 19 or likewise section 41 of the Ain.