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Home Bare Acts Phrase: execution interestEnforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 Chapter 2
Title: Amendments to the Securitisation and Reconstructionof Financial Assets and Enforcement of Security Interest Act, 2002
State: Central
Year: 2004
.....security are in accordance with the provisions of this Act and the rules made thereunder. (3) If, the Debts Recovery Tribunal, after examining the facts and circumstances of the case and evidence produced by the parties, comes to the conclusion that any of the measures referred to in sub-section (4) of section 13, taken by the secured creditor are not in accordance with the provisions of this Act and the rules made thereunder, and require restoration of the management of the business to the borrower or restoration of possession of the secured assets to the borrower, it may by order, declare the recourse to any one or more measures referred to in sub-section (4) of section 13 taken by the secured creditors as invalid and restore the possession of the secured assets to the borrower or restore the management of the business to the borrower, as the case may be, and pass such order as it may consider appropriate and necessary in relation to any of the recourse taken by the secured creditor under sub-section (4) of section 13. (4) If, the Debts Recovery Tribunal declares the recourse taken by a secured creditor under sub-section (4) of section 13, is in accordance with the.....
View Complete Act List Judgments citing this sectionEvacuee Interest Separation Act 1951 [Repealed] Chapter II
Title: Separation of Evacuee Interest in Composite Property
State: Central
Year: 1951
.....or the claimant the amount payable under the mortgage debt and redeem the mortgaged property; or (ii) sell the mortgaged property for satisfaction of the mortgage debt and distribute the sale proceeds thereof; or (iii) partition the property between the mortgagor and the mortgagee having regard to the share to which the mortgagee would be entitled in lieu of his claim; (c) adopt a combination of all or some of the aforesaid measures: Provided that before taking any measure under this section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub-section (2) of section 7; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt. Section 11 - Vesting of evacuee interest in the Custodian free from encumberances and payments, etc., to be valid discharge from all claims (1) Where in respect of any property, notice under section 6 is issued but no claim is filed or found to exist or where any claim in respect of such property is found to exist and the competent officer separates the evacuee interest.....
View Complete Act List Judgments citing this sectionBombay Execution of Decrees (Temporary Postponement) Act, 1959, (Maharashtra) Preamble
Title: the Bombay Execution of Decrees (Temporary Postponement) Act, 1959
State: Maharashtra
Year: 1959
.....III relates to the areas in which the State Government has merely ordered suspension or remission of land revenue. In both cases, however, under Sections 1(3) and (4) of the Act, it is the State Government which has to specify the date by notification in the Official Gazette from which Part II or III, as the case may be, shall come into force in any area and to specify the date by like notification from which the relevant Part shall cease to be in force in that area. So far, these powers of the State Government were delegated to the Commissioners under Section 3(4) of the Bombay Commissioners of Divisions Act, 1957. But to save correspondence between the Commissioner and the Collectors and consequent delay and as the work relating to suspension or remission of the land revenue is being done by the Collectors, the Divisional Commissioners, in their Conference held in November, 1975, have recommended that these powers may be delegated to the Collectors directly. The Act implements this recommendation, by suitably amending Sections 1(3) and (4) of the Execution of Decrees (Temporary Postponement) Act, 1959.- vide Statement of Objects and Reasons-Maharashtra XII of 1979. .....
View Complete Act List Judgments citing this sectionInterest Tax Act, 1974 Section 12
Title: Interest for Default in Furnishing Return of Chargeable Interest
State: Central
Year: 1974
.....re-assessment exceeds the interest-tax on chargeable interest on the basis of earlier assessment aforesaid. (4) Where, as a result of an order under section 15 or section 17 of this Act or section 254 or section 260 or section 262 of the Income-tax Act, as applicable to this Act by virtue of section 21 of this Act, the amount on which interest was payable under sub-section (1) or sub-section (3) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and-- (i) in a case where the interest is increased, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the Income-tax Act as applicable to this Act by virtue of Section 21, and the provisions of this Act shall apply accordingly; (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded. (5) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent years.
View Complete Act List Judgments citing this sectionInterest Tax Act, 1974 Section 12A
Title: Interest for Default in Payment of Interest-tax in Advance
State: Central
Year: 1974
.....on the basis of assessment under sub-section (2) or, as the case may be, sub-section (3) of section 8. (4) Where, as a result of an order under section 15 or section 17 of this Act or section 254 or section 260 or section 262 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act, the amount on which interest was payable under sub-section (1) or sub-section (3) has been increased or reduced, as the case may be, the interest shall be increased or reduced accordingly, and-- (i) in a case where the interest is increased, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable and such notice of demand shall be deemed to be a notice under section 156 of the Income-tax Act as applicable to this Act by virtue of section 21 of this Act, and provisions of this Act shall apply accordingly; (ii) in a case where the interest is reduced, the excess interest paid, if any, shall be refunded. (5) The provisions of this section shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1992 and subsequent assessment years.
View Complete Act List Judgments citing this sectionSecuritisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Chapter III
Title: Enforcement of Security Interest
State: Central
Year: 2002
.....security are in accordance with the provisions of this Act and the rules made thereunder. (3) If, the Debts Recovery Tribunal, after examining the facts and circumstances of the case and evidence produced by the parties, comes to the conclusion that any of the measures referred to in sub-section (4) of section 13, taken by the secured creditor are not in accordance with the provisions of this Act and the rules made thereunder, and require restoration of the management of the business of the borrower or restoration of possession of the secured assets to the borrower, it may by order, declare the recourse to any one or more measures referred to in sub-section (4) of section 13 taken by the secured creditors as invalid and restore the possession of the secured assets to the borrower or restore the management of the business to the borrower, as the case may be, and pass such order as it may consider appropriate and necessary in relation to any of the recourse taken by the secured creditor under sub-section (4) of section 13. (4) If, the Debts Recovery Tribunal declares the recourse taken by a secured creditor under sub-section (4) of section 13, is in accordance with the.....
View Complete Act List Judgments citing this sectionUnion Territories (Separation of Judicial and Executive Functions) Act, 1969 Preamble 1
Title: Union Territories (Separation of Judicial and Executive Functions) Act, 1969
State: Central
Year: 1969
THE UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS) ACT, 1969 [Act, No. 19 of 1969] [31st May, 1969] PREAMBLE An Act to provide for the separation of judicial and executive functions in Union Territories. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows :
View Complete Act List Judgments citing this sectionUnion Territories (Separation of Judicial and Executive Functions) Act, 1969 Section 5
Title: Functions Exercisable by Judicial and Executive Magistrates
State: Central
Year: 1969
Where under any law the functions exercisable by a Magistrate relate to matters which involve the application or sifting of evidence or the formulation of any decision which exposes any person to any punishment, or penalty, or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, such functions shall, subject to the provisions of this Act and the Code of Criminal Procedure, 1898, as amended by this Act, be exercisable by a Judicial Magistrate and where such functions relate to matters which are administrative or executive in nature, such as the grant of a licence, the suspension or cancellation of a licence, sanctioning a prosecution, or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate.
View Complete Act List Judgments citing this sectionUnion Territories (Separation of Judicial and Executive Functions) Act, 1969 Complete Act
Title: Union Territories (Separation of Judicial and Executive Functions) Act, 1969
State: Central
Year: 1969
Preamble1 - UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS) ACT, 1969 Section1 - Short title, extent and commencement Section2 - Definition Section3 - Amendments to Code of Criminal Procedure, 1898 Section4 - Amendments not to render invalid notifications, etc. before commencement of Act Section5 - Functions exercisable by judicial and executive Magistrates Section6 - Repeal of laws in transferred areas in Himachal Pradesh Section7 - Saving Section8 - Power to remove difficulties Section9 - Power of Legislative Assembly of Union territory to amend this Act Schedule1 - SCHEDULE
List Judgments citing this sectionInterest Tax Act, 1974 Complete Act
Title: Interest Tax Act, 1974
State: Central
Year: 1974
.....of chargeable interest Section14 - Opportunity of being heard Section15 - Appeals to the Appellate Assistant Commissioner Section15A - Omitted Section16 - Appeals to Appellate Tribunal Section17 - Rectification of mistakes Section18 - Interest-tax deductible in computing total income under, the Income-tax Act Section19 - Revision of order prejudicial to revenue Section20 - Revision of orders by Commissioner Section21 - Application of provisions of Income-tax Act Section22 - Income-tax papers to be available for the purposes of this Act Section23 - Failure to comply with notices Section24 - False statements Section25 - Willful attempt to evade tax, etc Section26 - Abetment of false returns, etc Section26A - Offences by credit institutions Section26B - Institution of proceedings and composition of offences Section26C - Power of credit institutions to vary certain agreements Section27 - Power to make rules Section28 - Power to Exempt Section29 - Power to remove difficulty Section30 - [Repealed]
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