The provisions of alternative dispute resolution (ADR) is a unique feature of the Artha Rin Adalat Ain, After filing the written statement, the. Law Analysis. Analysis of Artha Rin Adalat Ain (ARAA) Matters covered by this statute, its scope and jurisdiction of Artha Rin Adalat. View Test Prep – Business Low from ORGANIZATI 01 at University of Liberal Arts Bangladesh. Summary of Artha Rin Adalat Ain ” In our legal system.
|Published (Last):||15 October 2007|
|PDF File Size:||20.25 Mb|
|ePub File Size:||1.74 Mb|
|Price:||Free* [*Free Regsitration Required]|
He can, therefore, maintain his suit in an ordinary civil Court for relief. Fill in your details below or click an icon to log in: The only purpose is for speedy disposal of the suit, otherwise the defaulting borrowers of the financial institutions with their best efforts will cause delay in the process of trial. Artha Rin Adalat is a civil Court having limited jurisdiction.
Since specific provision is not available in the Act enabling the Artha Rin Court to put the decree-holder into possession, the Court may exercise its such jurisdiction as provided in rules 97 and 98 under Order XXI of the Code read with section 26 of the Act, and give necessary directions to execute its order. 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.
Analysis of Artha Rin Adalat Ain (ARAA)
Investment is always challenging. Nevertheless when the dues are realized through execution, the principal debtor, third party mortgagor and third party guarantor are liable to pay the decreetal amount consecutively. Both parties alleged fraud against rij other. You can then decide to follow or not to follow an ideology.
Cash Credit arrangements are usually made against the security of commodities hypothecated or pledged with the bank. This court shall arfha exclusive jurisdiction to try the suits filed by the financial institutions for realization of debt.
Code of civil procedure. Loan which is granted to a borrower without obtaining any security from aftha is called Clean Overdraft or Clean Loan. By Ahamuduz Zaman, Founder: Salauddin and others Civil 1 LNJ 1. Further, considering the relevant provisions of Artha Rin Adalat Ain, and in the facts and circumstances of the case this Court cannot invoke its inherent power under section of the Code of Civil Procedure.
Apparently nature of claims were baseless and there is hardly any foundation in the evidence as well.
In this case the court has to scrutinise the papers and dispose of the matter accordingly [19 6 of ARAA] 2 Arguments: As there was no allegation of fraud or irregularities in the auction sale process, both the Courts below without existence of the legal requirements as laid down in Order XXI, rule 90 of the Code Civil Procedure acted illegally in allowing the Misc. Section 26 provides that as regards execution of decree passed under this Ain the provisions of the Code of Civil Procedure, are applicable if adalt are not in conflict with the provisions of the Ain.
Our commitment to publish quality books is being appreciated all over the country. But within a period of one month from the date of issuance of the impugned order they have filed the present revisional application and obtained the present Rule and an interim order of stay. Section 28 3 4 —. Part 1 Issue I: Thank you so much sir. Sections 50 and 60 —. Without any prior approval as regular loan.
Since there was no suit of the Financial Institutions pending before any Commercial Court after Hence the Rule fails.
Such person can file the suit in an ordinary civil court for relief. It appears that warrant of arrest has been issued against the judgment debtor petitioner after following the provisions of section 34 of the Artha Rin Adalat Ain, The High Court Division: Sections 12, 46 and 57 —.
Please note that, these matters are regarded as matters of civil nature section artua 5 of ARAA. Artha rin adalat ain bangladesh pdf to word. Every where there is 20003 thing in common that of words seeking to limit the jurisdiction of the ordinary courts has been held to protect a nullity. For getting loan from banking or non-banking financial organization, you need to have some important documents that should be given or provided srtha deposited as securities by the borrower to the lender.
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 ARTHA RIN AIN, 2003
Lending Caps is pre-measures against one sided loan and diversify the total loan in various sectors instead of one sector to minimize the total risk and to maximize the future growth of the Bank. Section 4 4 7.
This develops a habit of reading and an ability to concentrate for very long hours. Kgv mslvwj i ebxi cwiez artha rin adalat ain 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.
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.