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Start Free TrialPrevention of Money-laundering Act, 2002 Section 22
Title: Presumption as to Records or Property in Certain Cases
State: Central
Year: 2002
.....attested, that it was executed or attested by the person by whom it purports to have been so stamped, executed or attested. (2) Where any records have been received from any place outside India, duly authenticated by such authority or person and in such manner as may be prescribed, in the course of proceedings under this Act, the Special Court, the Appellate Tribunal or the Adjudicating Authority, as the case may be, shall-- (a) presume, that the signature and every other part of such record which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person's handwriting; and in the case of a record executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; (b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence.
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Section 24
Title: Procedure for Deciding a Case Where Members of a Bench Differ in Opinion [Omitted]
State: Central
Year: 2002
1[Omitted] _______________________________________ 1. Section 24 omitted by the Competition (Amendment) Act, 2007 [Act No. 39 of 2007] w.e.f. 12.10.2007. Prior to omission it read as: "24. Procedure for deciding a case where Members of a Bench differ in opinion.-- If the Members of a Bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it."
View Complete Act List Judgments citing this sectionSecuritisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 17A
Title: Making of Application to Court of District Judge in Certain Cases
State: Central
Year: 2002
1[17A. Making of application to Court of District Judge in certain cases.-- In the case of a borrower residing in the State of Jammu and Kashmir, the application under section 17 shall be made to the Court of District Judge in that State having jurisdiction over the borrower which shall pass an order on such application. Explanation.- For the removal of doubts, it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action of the secured creditor at the stage of communication of reasons shall not entitle the person (including borrower) to make an application to the Court of District Judge under this section.".] ______________________ 1. Inserted by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004.
View Complete Act List Judgments citing this sectionPrevention of Terrorism Act, 2002 [Repealed] Section 33
Title: Power to Transfer Cases to Regular Courts
State: Central
Year: 2002
Where, after taking cognizance of any offence, a Special Court is of theopinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having jurisdiction under the Code and the court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence.
View Complete Act List Judgments citing this sectionSecuritisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 5A
Title: Transfer of Pending Applications to Any One of Debts Recovery Tribunals in Certain Cases
State: Central
Year: 2002
.....the parties to the application an opportunity of being heard, pass an order for transfer of the pending applications to any one of the Debts Recovery Tribunals. (3) Notwithstanding anything contained in the Recovery of debts due to Banks and financial Institutions Act, 1993, any order passed by the Appellate Tribunal under sub-section (2), shall be binding on all the Debts Recovery Tribunals referred to in sub-section (1) as if such order had been passed by the Appellate Tribunal having jurisdiction on each such Debts Recovery Tribunals. (4) Any recovery certificate, issued by the Debts Recovery Tribunals to which all pending applications are transferred under sub-section (2), shall be executed in accordance with the provisions contained in sub-section (23) of section 19 and other provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 shall, accordingly, apply to such execution.".] ______________________ 1. Inserted vide The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004.
View Complete Act List Judgments citing this sectionSecuritisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 18B
Title: Appeal to High Court in Certain Cases
State: Central
Year: 2002
1[18B. Appeal to High Court in certain cases Any borrower residing in the State of Jammu and Kashmir and aggrieved by any order made by the Court of District Judge under Section 17A may prefer an appeal, to the High Court having jurisdiction over such Court, within thirty days from the date of receipt of the order of the Court of District Judge: Provided that no appeal shall be preferred unless the borrower has deposited, with the Jammu and Kashmir High Court, fifty per cent of the amount of the debt due from him as claimed by the secured creditor or determined by the Court of District Judge, whichever is less: Provided further that the High Court may, for the reasons to be recorded in writing, reduce the amount to not less than twenty-five per cent of the debt referred to in the first proviso.".] ______________________ 1. Inserted by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004.
View Complete Act List Judgments citing this sectionSecuritisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 19
Title: Right of Borrower to Receive Compensation and Costs in Certain Cases
State: Central
Year: 2002
.....or the Appellate Tribunal or the High Court on an appeal preferred under section 18 or section 18A, holds that the possession of secured assets by the secured creditor is not in accordance with the provisions of this Act and rules made thereunder and directs the secured creditors to return such secured assets to the concerned borrowers, such borrower shall be entitled to the payment of such compensation and costs as may be determined by such Tribunal or Court of District Judge or Appellate Tribunal or the High Court referred to in section 18B.".] ______________________ 1. Substituted for " If the Debts Recovery Tribunal or the Appellate Tribunal, as the case may be on an appeal filed Under section 17 or section 18 holds the possession of secured assets by the secured creditor as wrongful and directs the secured creditor to return such secured assets to the concerned borrower, such borrower shall be entitled to payment of such compensation and costs as may be determined by such Tribunal or Appellate Tribunal." by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004.
View Complete Act List Judgments citing this sectionSecuritisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 31
Title: Provisions of This Act Not to Apply in Certain Cases
State: Central
Year: 2002
The provisions of this Act shall not apply to-- (a) a lien on any goods, money or security given by or under the Indian Contract Act, 1872 or the Sale of Goods Act, 1930 or any other law for the time being in force; (b) a pledge of movables within the meaning of section 172 of the Indian Contract Act, 1872; (c) creation of any security in any aircraft as defined in clause (1) of section 2 of the Aircraft Act, 1934; (d) creation of security interest in any vessel as defined in clause (55) of section 3 of the Merchant Shipping Act, 1958; (e) any conditional sale, hire-purchase or lease or any other contract in which no security interest has been created; (f) any rights of unpaid seller under section 47 of the Sale of Goods Act, 1930; (g)1[any properties not liable to attachment (excluding the properties specifically charged with the debt recoverable under this Act)] or sale under the first proviso to sub-section (1) of section 60 of the Code of Civil Procedure, 1908; (h) any security interest for securing repayment of any financial asset not exceeding one lakh rupees; (i) any security interest created in agricultural land; (j) any case in which the amount due.....
View Complete Act List Judgments citing this sectionPrevention of Money-laundering Act, 2002 Section 37
Title: Power of Chairperson to Transfer Cases
State: Central
Year: 2002
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairperson may transfer any case pending before one Bench, for disposal, to any other Bench.
View Complete Act List Judgments citing this sectionDelimitation Act, 2002 Section 10A
Title: Deferment of Delimitation in Certain Cases
State: Central
Year: 2002
1[10A. Deferment of delimitation in certain cases- (1) Notwithstanding anything contained in sections 4, 8 and 9, if the President is satisfied that a situation has arisen whereby the unity and integrity of India is threatened or there is a serious threat to the peace and public order, he may, by order, defer the delimitation exercise in a State. (2) Every order made under this section shall be laid before each House of Parliament.] ___________________________________________________ 1. Inserted by the Delimitation (Amendment) Act, 2008 w.e.f 14th day of January, 2008.
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