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.
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Artha rin Adalat is not a full fledged civil court created for particular purpose and not to try all the intricate issues arise from a loan transaction against which remedy lies only in the civil court. Arab Bangladesh Bank Ltd. Salauddin and others Civil1 LNJ 1. Separate suit having been filed challenging the judgment and degree passed by the Artha Rin Adalat the suit is being barred by law and the plaint is liable to be rejected under Order VII, Rule 11 of the Code of Civil Procedure.
Sections 18 247 and 50 2. In view of the overwhelming evidence regarding the arrival of the goods and after releasing the same kept in the Bank’s godown for 9 years had to sell the same in public auction and Bank informed his client regularly in each stage, it can not be accepted the contention that the defendants were not aware of all these things.
The plaint of other Suit No. Apparently nature of claims were baseless and rij is hardly any foundation in the evidence as well. The defendants’ suit of compensation and damages as set up in other Suit No. Under arrha Artha Rin Adalat Ain,Section 18 2 also stands as a clear bar to entertain any suit or counter claim against the claim of the financial institution.
The learned Judge of the Artha Rin Adalat assumed illegal jurisdiction over the said other suit and held the trial of the civil suit without having any jurisdiction.
Civil 1 LNJ Sections 19 and Except the provision of Artha Rin Adalat Ain,no question shall be raised before any court or authority about any pending proceeding in Artha Rin Adalat or its order, judgment or degree.
As the judgment or degree of the Artha Rin Adalat is final and the same cannot be questioned in any court under any separate proceeding the plaintiff’s suit is impliedly barred by specific provision of Artha Rin Adalat Ain. Salauddin and others Civil 1 LNJ 1. Every where there is one thing in 200 that of words seeking to limit the jurisdiction of the ordinary courts has been held to protect a nullity.
Artha Rin Adalat Ain, 2003 by Md. Anwar Hossain and A. B. Siddique
Since adaoat intention srtha law is not to put a person unconnected with the loan transaction into the rigorous procedure of a special statute for protection of his property under the ordinary law. Such person can file the suit in an ordinary civil court for relief.
Sections 20 and Section 6 of the Arthan Rin Adalat Ainor for that matter Section 20 of Ain, create a bar in proceeding with a subsequent suit making a prayer for setting aside an ex-parte decree even on adalatt ground of fraud or even with a prayer for another declaration for the Power of Attorney argha Memorandum of Deposit of Title Documents as forged, fabricated and false rather the only remedy available for the opposite party No. Had there been an appeal against the same, under Section 7 of the Artha Rin Adalat Ain or Section 41 of the Artha Rin Adalat Ain,therefore, the question of absence of jurisdiction as contemplated in the case reported in 56 DLR is totally absent as such not applicable.
THE ARTHA RIN AIN, – Amjonota Blog
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. Section 33 1 2. As there was no allegation of fraud or irregularities in 2003 auction sale process, both the Courts below without existence of the legal requirements as laid down in Qrtha XXI, rule 90 of the Code Civil Procedure acted illegally in allowing the Misc.
Case under the said rule for setting aside the auction sale and the same has occasioned failure of justice. Babul Adalxt Sheel Vs. Sections 34 and 44 2. In view of the provision of section 44 2 of the Ain of as well as the decisions of our Apex Court, the impugned orders in these revisional applications passed by the executing Court are interlocatory orders and hence revision under section of the Code is not maintainable.
The petitioners were directed to surrender before the Courts below within two months from the date of receipt of this order. Bodiuzzaman Milon and another Vs.