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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Nur Hossain alias Ladu Vs. Sections 19 and 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.
Sections 42 and 44 —. Respondents Judgment October 3, Rrin provision cannot be said to be violative of fundamental right of the petitioner guaranteed by Article 27, 31, 40 and 42 of the Constitution. Cases Referred to- Nur Muhammad Vs.
Ruhul Quddus J Md. June 15, at Sections 12 1 2 3 6 and 49 —.
Artha Rin Adalat Ain, – The Lawyers and Jurists
Government as appellant filed Other Class Appeal No. In this regard, this mentionable that, according to section 46 of Artha Rin Adalat Ain.
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. This is apparent from the preamble of this statute given at the very beginning of this Act prior to section 1 and also from the section 5.
Section 27 1 —. This site 20003 cookies. The learned Judge can still consider such 200 prayer within the ambit of section The statutory requirement to deposit legal requirements particularly in case of Artha Rin Adalat being a special law is mandatory. The sole question to be investigated is one of possession. The Court can stay the auction process but why all sorts of necessary action was stayed not clear to us as it was not the merit of the judgement or sought by the client. We always appreciate your valuable opinion and on the basis we justify our action.
You are welcome and thank you too for the inspiration. It is apparent that the requirement of time-frame 203 disposal of an execution case, as stated in section 37, is merely directory and not mandatory.
Remedial provisions of Artha Rin Adalat Ain 2003
Civil LawProperty Law Date: Civil Petition for Leave to Appeal No. Now-a-days many decisions of 2030 Supreme Court is delivered that needs further clarifications as it relates to the functions of the government or some financial organizations. The two other decisions relied upon by the opposite party, are also for the same reason namely both the prayer made in the plaint in Title Suit No. Despite of this criminal remedy, A financial institution is privileged to institute a suit to realize its outstanding dues under section 5 1 of ArthaRinAdalatAin, and the nature and function of ArthaRinAdalatCourt is of Civil nature.
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.
Sections 28 337 and 60 3 —.
Petitioners In both cases Vs. The petitioner can only get any relief if, and only if, the petitioner did not have any knowledge as to the exparte decree or as to the Jari Case. Artha Rin Adalat, Munshigonj……………… Du rin g the pendency of th. The client went to the apex court and adalzt order of stay for 3 months.
Artha Rin Adalat Ain, (VII of ) – The Lawyers and Jurists
Rafiqul Islam Farook Vs. Moreover, the rule of law ada,at a priority of the adalah of Bangladesh. Inform me about any information that you want. After hearing the parties learned Sub-ordinate Judge by his judgment and decree. Moreover, the notice as required under Order XXI, rule 37 of the Code is also not indispensable, adxlat it was followed by a proviso where the Court preserved the power not to issue such notice if it comes within the knowledge that in order to cause delay the judgment-debtor has been adopting dilatory tactics.
I appreciate your attempt and working relentlessly for spreading knowledge. After hearing the parties learned Sub-ordinate Judge by his judgment a. Only financial institutions not anyone can file a case under the the ARAA for recovery of debts. July 11, at From saving clause of section 60 3 artah the Artha Rin Adalat Ain, it appears that the proceeding which were filed under the Artha Rin Ain but proceeded when the Adalatt Rin Adalat Ain, came into force, shall proceed as per provision of the Artha Rin Adalat Ain, as far as it practical.
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 is liable to be dismissed as not maintainable in law. Women and Children Date: The additions or differences or explanation regarding procedures are: Anwarul Bashir Khan and others… All Words Any words Exact Phrase.
All the decisions of the Appellate Division and this Division clearly focused on the said proposition of law. District Magistrate, Chittagong and others