Artha Rin Adalat Ain 2003 Bangladesh Pdf Files
Laws of Bangladesh: Part 1-. Issue I- Scope and Procedures’Dear Brothers and Sisters,Salaamun A’laikum. Bank Loan in Bangladesh Perspectives: Relevant Documents, Laws and Procedures. 12.the Artha Rin Adalat Ain,2003.
There is no provision related Alternative Dispute Resolution directly in Civil Procedure Code by mediation. But in previous we perceived that Section 89 and sub section 1 of Section 104 in CPC had been for dispute resolution. After that in year 2000, ADR in civil procedure is the effect of success of Pilot project 2000 on mediation in Dhaka judge court and besides some other courts of Bangladesh. In Section 89a and 89b of the Code of Civil Procedure 1908, mediation and arbitration respectively has been incorporated through the Amendment, 2003. As to the provision of 89 after filling of plaint by the plaintiff and written statement by defendant, the court may take an initiative to settle the dispute by Mediation. If the contesting parties agree to settle the dispute through mediation, the court shall so mediate or refer to District Judge for settle the penal. The mediator will be selected from the District Judge itself, any retired judge, a lawyer nominated by the parties who is not involve with either parties, except person holding office of profit in the service of Republic.
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When the court shall mediate, it shall determine the procedure of the mediation and conducted by court and the pleader, their respective client and the mediator will mutually determine the fees and the procedure. If the mediation process is filed, the court shall precede the suit for hearing from the stage at where the suit stood before refer to mediation. And if the mediation by the court and it fails, the same court shall not hear and the suit shall be heard by another court of competent jurisdiction. If the mediation is successfully over, the term of such compromise shall be reduced into writing in the form of agreement and taken signatures or thumbs impressions of the parties as executants and pleaders and mediator as witness.
Finally, the court will pass an order or decree to the reliant provision of Order 23 that code. Section 89 (b) has extended the opportunity to settle the dispute alternative way through arbitration. Under this section, any stage of the proceeding parties can make an application to solve the dispute through the arbitration and withdraw the suit to the court. The court shall allow the applicant and permit to withdraw the suit. This arbitration shall comply with the Shalish Ain, 2001. If any reason the arbitration dose not take place or fail to give award, the parties shall be entitle to re-institute the suit.
That application shall be deemed to be arbitration under Section 9 of the Shalish Ain, 2001. Above discussion shows that application of ADR in our civil court is epoch making decision. Though the ADR, the people of our country get privilege as far as possible. As well as the judges and appellate court get relief from the cases which are filed year to year. On that achievement Justice K.
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Artha Rin Adalat Ain 2003
Hasan give opinion that, “the greatest achievement of the mediation court is changing of mental attitudes of the judges, lawyer, litigants and general public who were skeptical about mediation. Initially, there were feelings of opposition and suspicion by some in the legal profession for this entirely different based discipline but it is changing. Those who used to come the court with confrontation mode are accepting the idea of mediation and more are coming prepared to settle dispute through mediation. It is interesting to note that the same lawyer who fight tooth and nail to win a suit in trail also try hard to find out solution through mediation.”. Muslim Family Law Ordinance had been effected from 15 th July, 1961.
Artha Rin Adalat Ain 2003 English Version Pdf
Such Ordinance has been applied on every Muslim citizen of Bangladesh both who lives inside in or abroad of Bangladesh. No distinction between Sia or Sunni in front of the Muslim Family Law Ordinance. In the leading case named Nirmal Kanti Das v. Sreemati Bavi Rani states that application of Muslim Family Law Ordinance,1961 has been overridden by section 3 of Family Court Ordinance in clear language providing that this Ordinance shall have effect not withstanding any thing contained in any other law. Sub-section (5) (a) (b) of section 6 of the Ordinance refers to the penalties to which a man exposes himself for contracting another marriage without the permission of the Arbitration Council. Amount of the dower money shall be recoverable under certificate procedure under the provision of the Public Demand Recovery Act on application made on behalf of his wife.
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