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Start Free TrialSecuritisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Chapter I
Title: Preliminary
State: Central
Year: 2002
.....of the State Bank of India (Subsidiary Banks) Act, 1959. (2) Words and expressions used and not defined in this Act but defined in the India Contract Act, 1872 or the Transfer of Property Act, 1882 or the Companies Act, 1956 or the Securities and Exchange Board of India Act, 1992 shall have the same meanings respectively assigned to them in those Acts. _________________________ 1. Inserted vide The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004. 2. The words "in accordance with the directions or guidelines issued by the Reserve Bank;" Omittted by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004. 3. Substituted for " doubtful or loss asset in accordance with the directions or under guidelines relating to assets classifications issued by the Reserve Bank" by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004. 4. Substituted for "trustee or any asset management company making investment on behalf of mutual fund or provident fund or gratuity fund or pension fund " by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004. 5......
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 47
Title: Substitution of New Chapter for Chapter Xix
State: Central
Year: 2002
.....or direction. (2) An appeal shall lie to the Appellate Board from any decision, order or direction of the Controller of Central Government under section 15, section 16, section 17, section 18, section 19, section 20, section 25, section 27, section 28, section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub-section (3) of section 69, section 78, sub-sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94. (3) Every appeal under this section shall be in the prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision, order or direction appealed against and by such fees as may be prescribed. (4) Every appeal shall be made within three months from the date of the decision, order or direction, as the case may be, of the Controller or the Central Government, or within such further time as the Appellate Board may, in accordance with the rules made by it allow. 117B. Procedure and powers of Appellate Board.-- The provisions of sub-sections (2) to (6) of section 84, section 87, section 92, section 95 and section 96 of the Trade Marks Act,.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 8
Title: Amendment of Section 299
State: Central
Year: 2002
In section 299 of the principal Act,- (a) in sub-section (1), for the words "radio telegraphy or radio telephony installation and radio direction finder", the words "radio installation" shall be substituted; (b) in sub-section (3), the words "or a pilgrim ship" shall be omitted; (c) after sub-section (3), the following sub-section shall be inserted, namely:- "(4) The certificates issued under sub-sections (1) and (2), sub-sections (1) and (2) of section 300 and section 301 shall be supplemented by a record of equipment in the prescribed form.".
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 5
Title: Substitution of New Section for Section 97
State: Central
Year: 2002
For section 97 of the principal Act, the following section shall be substituted, of namely:- "97. Receipt of remuneration, donation, fees, etc., from seamen for shipping them prohibited. (1) A person or company or organisation including a union purporting to represent the interests of seamen shall not demand or receive, either directly or indirectly, from any seaman or person seeking employment as seaman or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seaman or person's employment as seaman, other than the fees authorised by this Act. (2) It shall be the duty of the company employing or proposing to employ person as seaman to ensure that no money has been demanded or received by any person or company or organisation including the union purporting to represent the interests of seamen by way of any remuneration or donation or fees or compulsory subscription of any kind attributable to employment of such person as seaman.".
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 4
Title: Amendment of Section 95
State: Central
Year: 2002
In section 95 of the principal Act,- (i) in sub-section (1), for clauses (a) and (b), the following clause shall be substituted, namely:- "(a) to issue licence, to regulate and control the recruitment and placement service, and to- (i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers; (ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and (iii) to maintain registers of seamen in respect of the categories of seamen; (ii) sub-section (2) shall be omitted; (iii) in sub-section (3), for clauses (b) and (c), the following clauses shall be substituted, namely:- "(b) the levy and collection of such fees as may be specified for the issue of licences to recruitment and placement services, renewal of such licences and services to be rendered by the seamen's employment office; (c) the issue of directions by the Central Government to any seamen's employment office or any recruitment and placement service with reference to the exercise of any of its.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Chapter 2
Title: Amendment of the Merchant Shipping Act, 1958
State: Central
Year: 2002
.....constitute an admission of liability. Explanation 2. - For the purpose of this Part, the liability of a ship owner shall include liability in an action brought against the ship herself.". Section 18 - Substitution of new section for section 352B For section 352B of the principal Act, the following section shall be substituted, namely:- "352B. Limitation of liability. The amount to which any person referred to in sub-section (1) of section 352A may limit his liability in accordance with the provisions of the Convention and in cases where the provisions of the Convention are not applicable, the limit shall be in accordance with the rules made in this behalf prescribe.". Section 19 - Amendment of section 352C In section 352C of the principal Act,- (a) in the marginal heading, the words "against owner" shall be omitted; (b) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) Where any liability is alleged to have been incurred by a person referred to in sub-section (1) of section 352A in respect of claims arising out of an occurrence, and legal proceedings are instituted in respect of claims subject to limitation, then such person.....
View Complete Act List Judgments citing this sectionConsumer Protection (Amendment) Act,2002 Section 9
Title: Amendment of Section 13.
State: Central
Year: 2002
.....this Act : Provided also that in the event of a complaint being disposed of after the period so specified, the District Forum shall record in writing, the reasons for the same at the time of disposing of the said complaint. (3B) Where during the pendency of any proceeding before the District Forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case."; (e) after sub-section (6), the following sub-section shall be inserted, namely :- "(7) In the event of death of a complainant who is a consumer or of the opposite party against whom the complaint has been filed, the provisions of Order XXII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908) shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may be.".
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 63
Title: Substitution of New Section for Section 157a
State: Central
Year: 2002
For section 157A of the principal Act, the following section shall be substituted, namely:-- '157A. Protection of security of India.--Notwithstanding anything contained in this Act, the Central Government shall-- (a) not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of the security of India; (b) take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue of a notification in the Official Gazette to that effect. Explanation.--For the purposes of this section, the expression "security of India" includes any action necessary for the security of India which-- (i) relates to fissionable materials or the materials from which they are derived; or (ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or (iii) is taken in time of war or other emergency in international relations.'.
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 43
Title: Insertion of New Section 104a
State: Central
Year: 2002
.....a new product; or (b) there is a substantial likelihood that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used: Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process. (2) In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.".
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 17
Title: Substitution of New Section for Section 352a
State: Central
Year: 2002
.....is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided for in the provision of the Convention or the rules made under this Part prescribe; (d) claims subject to any International Convention or any law for the time being in force in India governing or prohibiting limitation of liability for nuclear damage; (e) claims against the ship owner of a nuclear ship for nuclear damage. Explanation 1.-For the purpose of this section, the act of involving limitation of liability shall not constitute an admission of liability. Explanation 2. - For the purpose of this Part, the liability of a ship owner shall include liability in an action brought against the ship herself.".
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