1. Artha Rin Adalat Ain 2003 Bangladesh Pdf Free Online
2. Artha Rin Adalat Ain 2003 Bangladesh Pdf Free Pdf
3. Artha Rin Adalat Ain 2003 Bangladesh Pdf Free
4. Artha Rin Adalat Ain 2003 Bangladesh Pdf Free Printable

Artha Rin Adalat Ain 2003 Bangladesh Pdf Files. Under section 21(1) of Artha Rin Adalat Ain 2003 the court, if considers necessary, can call for a.

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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• Issue differences or explanations the Artha Rin Adalat Ain (ARAA) 2003 has made with 14 responses to 'Laws of Artha Rin Adalat Ain 2003 Bangladesh Pdf. ADR IS CIVIL JUSTICE SYSTEM IN BANGLADESH Introduction: Disputes are a fact of life. Means Alternative Dispute Resolution, mostly applied to civil cases.
• 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.

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 banvladesh he rejected because of wrong mentioning of the provisions of law. Moreover, the notice as required under Order XXI, adtha 37 of the Code is also not indispensable, rather 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.

Sections 47 and 50 2 —. Moreover, the rule of law is a priority of the government of Bangladesh. You can apply to the same Bench of the High Court Division for early hearing and vacate the order of stay.

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. So, there is no illegality or infirmity in the order of issuance of the certificate datedwhich is awaiting for registration under sub-section 8 of section 33 of the said Ain.

Section 50 2 —.

Thief calls police for help after getting locked inside car. Should the bank wait for 18 months to recover its money? Artha Rin Adalat, Khulna, the court decreed that the defaulter borrower cannot challenge the legality of Section 19 of the Act through filing a writ petition for enforcement of their fundamental rights.

What will be the status of a default borrower? But adalst, Honorable High Court Division, stayed the operation of auction notice dated Arab Bangladesh Bank Ltd. The fruitfulness or otherwise of the impending Settlement Conference is not a consideration to weight the mind of the learned Judge at the inspection of that procedure.

Remedial provisions of Artha Rin Adalat Ain 2003

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. The normal steps for a civil suit that are to be adslat for cases under Artha Rin Adalat Ain are: Section 6 1 —. As such, it is in violation of the fundamental bangladeah 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.

Now-a-days many decisions of the Supreme Court is delivered that needs further clarifications as it relates to the functions of banglacesh government or some financial organizations.

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.

If auction under section 12 of the Artha Rin Adalat Ain stayed by the High Court Division

banngladesh Banking sector passes year with sluggish deposits growth. Section 34 1 —. If the plaint has already been filed without the property being sold, then the plaintiff has to sell the property and adjust the loan and inform the court in written form [12 2 of ARAA]. It must be conferred by law either specifically or by necessary implication no application for review under Order 47 Rule 1 of the Code of Civil Procedure lies in the Artha Rin Adalat.

Moreover, this section is not applicable in case of said client, as the proceeding of filing suit has already started by issuance of ArthaRin Legal Notice dated Rule – 8 2 read with P.

Whether a revisional application or a writ will lie against an interlocutory order passed by Artha Rin Adalat. Artha Rin Adalat is a civil court having limited jurisdiction. 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 bang,adesh a date for hearing. Sections 12 619, 20, 41 and 47 —. Such investigation is dispensed with only when the court considers the claim or objection was designedly or unnecessarily delayed.

Artha Rin Adalat Ain 2003 Bangladesh Pdf Free Online

The auction sale notice was published in the ‘Daily Sonar Desh’ on mentioning date of auction bangladseh on at PM but the property in question was not sold due to non-availability of the auction purchaser. Email required Address never made public.

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. Now, all the ARAA says about procedures aon laid down in fourth chapter within section The Artha Rin Adalat suit shall not abate or dismissed rather it should be disposed on merit. The petitioner can only get any relief if, zrtha only if, the petitioner did not have any knowledge as to the exparte decree or as to the Jari Case.

The High Court Division nowhere in the order stated explicitly any bar from taking legal action that arises from other cause of action such as cheque dishonor under NI Act or CIB enlistment. And remember the favor of ALLAH upon you – when you were win and He brought your hearts together and you became, by His favor, brothers.

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.

Moreover, the time limit fixed by section 37 of the Ainfor disposal of execution case artya days being “directory” not “mandatory”, as atrha in Writ Petition No. Section 41 2 —. All the matters under this statute, as long as it is regarding recovery of loans by financial institutions, has to be entertained by Artha Rin Adalat of the relevant district.

Matters covered by this statute, its scope and jurisdiction of Artha Rin Adalat: The impugned order dated insorfar as it relates to warrant of arrest bangladesu hereby declared to have been made without lawful authority and is of no legal effect.

Act VIII of Section 17 1 2 —. Rule 8 2 of the Bangladesh Abandoned Property Land, Building and other Property Rules, though provides for ian of the property to the highest bidder in the open market but the said provision is only applicable in case of rejection under Article 15 of P.

Laws of Bangladesh: Part 1-'Artha Rin Adalat Ain, 2003. Issue differences or explanations the Artha Rin Adalat Ain (ARAA) 2003 has.

Only financial institutions not anyone can file a case under the the ARAA 2003 for recovery of debts. Now, funded liability, so far I understand it, is that a person saves/invests/funds a certain amount for a liability he will incur in future as he has already promised it. This directly does not happen in financial institutions.

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 case of non-funded liability, a civil suit can be brought by way of common law doctrine of estoppel due to the acceptance of the liability. 'O you who have believed, fear ALLAH as He should be feared and do not die except as Muslims [in submission to Him].

And hold firmly to the rope of ALLAH all together and do not become divided. And remember the favor of ALLAH upon you - when you were enemies and He brought your hearts together and you became, by His favor, brothers. Leverage Roleplaying Game Pdf. Wertheim Sewing Machines Serial Numbers. And you were on the edge of a pit of the Fire, and He saved you from it. Thus does ALLAH make clear to you His verses that you may be guided'. (Surah: Aal-I-Imraan.

Verse: 103-104).

Star Law analysis The Artha Rin Adalat Ain/2003: A review Syed Jahed Monsur In our legal system, money lent by financial institutions/banks to individuals, private limited companies, public limited companies, corporations, partnership firms, societies, co-operatives, proprietorship firms etc. When due for default, is realised through money suits, suits for foreclosure, mortgage by instituting the same to competent civil courts. 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, 1990' which had gone under some changes by way of amendments since its inception.

The law brought changes to a great extent in the administration of justice delivery system for regulating those suits but it failed to fulfil the expectation of the legislators/bankers to recover the dues expeditiously from the defaulters. The thinkers on the subject gave second thoughts to frame a new law and ultimately the legislature passed 'The Artha Rin Adalat Ain, 2003' (hereinafter Adalat) by repealing the earlier one. The law came into force on 1st May 2003 except sections 46/47 which came into operation on 1st May 2004.

Within a short span of time, the law has gone under an amendment by the Artha Rin Adalat (Amendment) Ain, 2004 which reflects weak draft of the law. The law begins with a preamble which speaks of the purpose of the law.

The purpose of the law as it is visualised from the preamble is that the existing laws relating to recovery of loans of financial institutions/banks are needed to be amended and consolidated. The contents of the laws have been divided into six chapters having 60 sections.

Artha Rin Adalat Ain 2003 Bangladesh Pdf Free Pdf

Chapter-1 deals with preliminary (sections 1-3); Chapter-2 deals with establishment of Adalat (section-4); Chapter-3 deals with power and jurisdiction of Adalat (section-5); Chapter-4 deals with institution of suit, practice and procedure of Adalat (sections 6-20), Chapter-5 deals with alternative dispute resolution (sections 21-25); Chapter-6 deals with execution (sections 26-39); Chapter 7 deals with appeal & Revision (sections 40-44) Chapter 8 deals with miscellaneous (sections 45-60). I have been working as a Judge of the Adalat for more than two years. I have taken no pain to apply the laws during my business hours but at the same time I have seen that some provisions of the laws are acting as barriers in discharging my responsibilities. I shall make an endeavour to focus on those and other allied subjects in this writing.

In Chapter-1, under section 1 (2), the law has extended to the whole Bangladesh. It does not exclude the hill districts viz.

Rangamati, Bandorban and Khagrachhari where the justice systems of the land are not applicable. No Adalat has been established in pursuance of section 4 of the law vide gazette notification dated 15-4-04 in the hill districts.

Therefore, the hill districts should be excluded from applicability of the law in clear terms like family Court Ordinance 1985. The law has defined 'loan' under section 2 (ga) wherein compensation as claimed by Islamic banks has not been included. The Islamic banks have been claiming compensation along with profit.

Under the law of the land, compensation can be claimed as a remedial measure of breach of contract. The laws should incorporate an explanation to this aspect.

Section 3 has an overriding effect over other laws. In spite of that a practical problem has arisen with the Bankruptcy Court when it calls for records under section 33 of the Bankruptcy Act 1997. This inconsistency should be removed by incorporating appropriate provision in the laws. In Chapter 2, the law has created and established the Adalat and made provisions for appointment of Judges thereto from amongst the Joint District Judges but it unnecessarily enacted section 4 (4) of the law wherein it is made provision that the Adalat shall be declared after abolishing or suspending the jurisdiction of the Court of Joint District Judges which is not recognised by the Civil Courts Act 1887. Section 6 (2) of the Civil Courts Act has authorised the Joint District Judges to perform such additional duties as devolved upon such courts. Instance may be cited from Environment Court Act, 2000 wherein Judges from amongst Joint District Judges have been appointed to the Environmental Courts.

There is no such legal provision in the Environment Court Act, 2000 like the present one. Therefore section 4 (4) and section 4 (10) should be omitted, and the provisions if so omitted, there would be no practical difficulty to appoint the Joint District Judges to the Adalat like the Environmental Courts. In Chapter 3, the law has conferred an exclusive jurisdiction upon the Adalat to try the Artha Rin Suits as registered under section 5 (8) of the law. It cannot try any Civil and Criminal cases. This embargo may reduce the ability of the Judges in conducting others suits/ appeals/sessions cases in near future.

The district Judges should be given authority to retransfer the judges of the Adalat with the Joint District Judges under his control from time to time. Section 5 (5) has curtailed the jurisdiction of the Adalat up to Tk. 5.00 lac for the claim advanced by the Bangladesh Agriculture Bank, Rajshahi Agriculture Development Bank and state owned Banks without any explanation. The Adalat cannot also entertain any claim against the government. In Chapter-4, the law describes the practice and procedure of the Adalat.

Section 6 (3) of the law has enacted a provision for payment of court fees with the written statement. Generally no court fee is payable with the written statement but when a written statement sets up a counter claim or sets off, one must pay court fees with such written statement under Article 1 of the first schedule of the Court Fees Act 1870. Section 18 of the law prohibits any counter claim and set-off in the written statement. Therefore, provision for payment of court fees with the written statement is a redundant one.

Artha Rin Adalat Ain 2003 Bangladesh Pdf Free

It is stipulated under Section 6(5) that in executing a decree, it must at first be applied against the property of the borrower defendant (principal judgment debtor) and then against the property of the third party mortgegor or guarantor. The inherent meaning of such language is clear and one can easily understand that the principle can be applied when the decree contains the property of both the borrower and the third party mortgegor or guarantor. But in practice, the situation is different. The decree in which only the property of the third party mortgegor is liable for debt, the mortgegor creates obstructiontaking advantage of the provisionand when unsuccessful, the mortgegor intends to go to the High Court Division under writ jurisdiction. An explanation should be added to remove the doubt from the section. Section 19 has provided provisions for setting aside the ex parte decree but it does not make any provision for notifying the plaintiff bank like Order 9 Rule 13 of the Code of Civil Procedure 1908. As a result, the plaintiff remains ignorant about restoration of the suit.

This anomaly should be removed by inserting appropriate provision. Section 20 of the law has given finality to the order, judgment and decree of the Adalat. In spite of that the defaulter(s)/borrower(s) is/are challenging the same in the writ jurisdiction of the High Court Division under Article 102 of the Constitution of the People's Republic of Bangladesh and obtaining stay orders from the High Court Division. In a recent discussion on “Money Loan Court Act 2003” organised by the Association of Bankers, Bangladesh (ABB), the Governor of Bangladesh Bank asked the banks to take special measures to recover bad loans as the defaulters filed 1,768 writ petitions in the High Court for such loans amounting to Tk 6445 crore.

Artha Rin Adalat Ain 2003 Bangladesh Pdf Free Printable

He told that the banks cannot recover the loans due to stay orders from the court, and asked the monitoring cells of banks to take up these issues seriously and hire efficient lawyers to move the cases of loan default (The Daily Star dated June 2, 2006). It is observed from regular business of court that the banks have been refraining from taking any step against the stay orders in writ petitions. It is seen that the banks let them (the defaulters) do the same with consent. This attitude of the bank should be changed and effective steps should be taken to face the legal battle with the defaulters.

Chapter 5 has enacted provisions for settling the dispute through Settlement Conference or Mediation (Sections 21/22). This system has been introduced with the aim to resolve the dispute at the early stage of the suit so that both the parties may win the suit irrespective of their claims. The financial institutions/banks are not tolerant to bring a positive result at this level. They rather prefer to obtain a decree to create pressure upon the judgment debtor(s) through execution of proceedings and on pending hearing of the proceeding they sometimes compromise the dispute by rescheduling the loan illegally [because reschedule of payment is permissible prior to suit(s) and in accordance with sections 38/46 of the law allowing more instalments and time not approved under Section 49 of the law]. Apart from sections 21/22, any compromise under section 38/46 should be subjected under Section 49 of the law. On the contrary, the borrower(s) taking the advantage of this stage hold the suit(s) for the time given for and take a transfer of the suit to another Adalat. As a result, they drag the hearing of the suit(s).

To change both sides' attitude the plaintiff banks and the defendant borrower(s) should state their position in their pleadings for acceptability or non-acceptability of Settlement Conference or Mediation and if any one reluctant to accept the process, shall lead the suit to the next stage. Provisions like this should be introduced in the relevant sections of the law. In Chapter 6 of the law the financial institution(s)/bank(s) have given authority to receive certificate on the mortgaged property under Section 33(5) and 33(7) when the property remains unsold in auction under sections 33(1) and 33(4) of the law. After obtaining certificate a question arises as to how bank(s) would deal with the property when they are out of possession of the same. No prescription is given in the law as it prescribed in Section 12 of the law. Thus relevant provisions should be incorporated in this regard.

Chapter 7 has enacted provisions for appeal and revision but it is silent about review under Section 114 and Order 47 of the Code of Civil Procedure 1908. The defaulter(s) taking the provision of Section 26 of the law has/have been applying for review of orders, judgements and decrees of the Adalat but the decision published in BLD 14(1994) page 195 prohibits a review in Artha Rin Suits. So a clear and specific provision should be framed banning review in the law.

In Chapter 8, under Section 46, the law has framed a time limit for institution of suit and provided consequence for non-filing the suit within the given time to take disciplinary action against the officer of the bank(s) responsible for such non-filing. It does not make any provision for dismissal of suit or rejection of plaint. In most of the cases, the defaulters agitate the ground and when unsuccessful, go to the writ jurisdiction.

This is the lamentable state of the law for the borrower(s) in which the purpose of the law of limitation has not been reflected in true sense. The provision may be amended in the spirit of the law of limitation. Apart from the aforementioned barriers, the law has been playing a very vital role in realising the loan from the defaulter(s). Its achievement in loan recovery has been so immense that the scenario of defaulting loan has improved significantly with number of pending Artha Rin Suits reducing with expectancy rate. The loan defaulting culture would further be reduced if the barriers can be removed as soon as possible.

The writer is Judge, Artha Rin Adalat No.