November 21, 2018, 10:18 am

artho rin

Artha Rin Adalat Ain and Bankruptcy both are special laws.

 Section -4

63  DLR (2011)  123 IFIC Bank Vs. Ekonabin and Co. – Artha Rin Adalat Ain and Bankruptcy both are special laws. A law comes special when it gives rise to special cause of action and itself provides for its remedy.when a code is complete in itself it becomes a special law.Another feature of special law is that it does not apply generally but to a particular or specified subject or a class of subject.

  Section-4

58  DLR  (2006)  AD  126 ARA Jute Mills Ltd.Vs.Janata Bank- It appears that the judge of the Artha Rin Adalat in question is joint District judge appointed in the post by transferring him by notification under the order of the president and in consultation with the supreme court and the notification being published in the gazette. There is thus no substance in the submission of the petitioner as to absence of jurisdiction of the judge to hold the post.

 Section-4

58  DLR  (2006)  (AD)  97 ARA Jute Mills Ltd.Vs. Janata Bank- The judge of the Artho Rin Adalat orginally was subordinate judge later resigned as joint District Judge and that the aforesaid Judge was appointed by the president and the control and discipline of the subordinate court as  envisaged in Article 116 of the constitution very much best in the president.

      Section-5(4),  5(5)

31  BLD  (AD)  (2011)  92 Rupali Bank Ltd. Vs.M/s brick linkers Ltd.and ors.- Artha Rin Adalat cannot draw up a final decree beyond the salutatory of three years from the date of preliminary decree.

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