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Start Free TrialRecovery of Debts Due to Banks and Financial Institutions Act, 1993 Chapter 5
Title: Recovery of Debt Determined by Tribunal
State: Central
Year: 1993
.....as if the said provisions and the rules referred to the amount of debt due under this Act instead of to the Income-tax: Provided that any reference under the said provisions and the rules to the "assessee" shall be construed as a reference to the defendant under this Act. Section 30 - Appeal against the order of Recovery Officer 1[30. Appeal against the order of Recovery Officer (1) Notwithstanding anything contained in section 29, any person aggrieved by an order of the Recovery Officer made under this Act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the Tribunal. (2) On receipt of an appeal under sub-section (1), the Tribunal may, after giving an opportunity to the appellant to be heard, and after making such inquiry as it deems fit, confirm, modify or set aside the order made by the Recovery Officer in exercise of his powers under sections 25 to 28 (both inclusive).] ________________________ 1. Substituted by Act 1 of 2000, section 12, for section 30 (w.r.e.f. 17-1-2000).
View Complete Act List Judgments citing this sectionRecovery of Debts Due to Banks and Financial Institutions Act, 1993 Section 28
Title: Other Modes of Recovery
State: Central
Year: 1993
.....or any other document to be produced for the purpose of any entry, endorsement or the like to be made before the payment is made notwithstanding any rule, practice or requirement to the contrary. (v) Any claim respecting any property in relation to which a notice under this sub-section has been issued arising after the date of the notice shall be void as against any demand contained in the notice. (vi) Where a person to whom a notice under this sub-section is sent objects to it by a statement on oath that the sum demanded or the part thereof is not due to the defendant or that he does not hold any money for or on account of the defendant, then, nothing contained in this sub-section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, but if it is discovered that such statement was false in any material particular, such person shall be personally liable to the Recovery Officer to the extent of his own liability to the defendant on the date of the notice, or to the extent of the defendant's liability for any sum due under this Act, whichever is less. (vii) The Recovery Officer may, at any time or from time to time, amend or revoke.....
View Complete Act List Judgments citing this sectionRecovery of Debts Due to Banks and Financial Institutions Act, 1993 Section 31A
Title: Power of Tribunal to Issue Certificate of Recovery in Case of Decree or Order
State: Central
Year: 1993
1[31A. power of Tribunal to issue certificate of recovery in case of decree or order (1) Where a decree or order was passed by any court before the commencement of the Recovery of Debts Due to Banks and Financial Institutions (Amendment) Act, 2000 and has not yet been executed, then, the decree-holder may apply to the Tribunal to pass an order for recovery of the amount. (2) On receipt of an application under sub-section (1), the Tribunal may issue a certificate for recovery to a Recovery Officer. (3) On receipt of a certificate under sub-section (2), the Recovery Officer shall proceed to recover the amount as if it was a certificate in respect of a debt recoverable under this Act.] _________________________ 1. Inserted by Act 1 of 2000, section 14 (w.r.e.f. 17-1-2000).
View Complete Act List Judgments citing this sectionEnforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 Chapter 3
Title: Amendments to the Recovery of Debts Due to Banks Andfinancial Institutions Act, 1993
State: Central
Year: 2004
.....shall be inserted, namely:-- "(ia) the securitisation company or reconstruction company which has obtained a certificate of registration under sub-section (4) of section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002);". Section 20 - Amendment of section 19 In section 19 of the principal Act, after sub-section (1), the following provisos shall be inserted, namely:-- "Provided that the bank or financial institution may, with the permission of the Debts Recovery Tribunal, on an application made by it, withdraw the application, whether made before or after the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 for the purpose of taking action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), if no such action had been taken earlier under that Act: Provided further that any application made under the first proviso for seeking permission from the Debts Recovery Tribunal to withdraw the application made under sub-section (1) shall be dealt with by it as expeditiously as possible and disposed of.....
View Complete Act List Judgments citing this sectionRevenue Recovery Act, 1890 Section 9
Title: Recovery in India of Land Revenues Etc., Accruing in Burma
State: Central
Year: 1890
.....in Burma may be recovered under this Act in [The word "British" omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O.31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p.1333).] India and thereupon such arrear or sum shall be so recoverable: Provided that the Central Government shall not give any such direction unless it is satisfied that the remedy available under section 4 of this Act in [The word "British" omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order 1947 (G.G.O.31, dated the 10th December 1947) (Gazette of India, 1947, Extra-ordinary, p.1333.).] India to a person paying under protest in [The word "British" omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O.31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p.1333).] India an arrear accruing in [The word "British" omitted by the India (Adaptation of Income-tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O.31, dated the 10th December, 1947) (Gazette of India, 1947, Extraordinary, p.1333).] India is available.....
View Complete Act List Judgments citing this sectionRecovery of Debts Due to Banks and Financial Institutions Act, 1993 Complete Act
Title: Recovery of Debts Due to Banks and Financial Institutions Act, 1993
State: Central
Year: 1993
.....Tribunal Section23 - Right to legal representation and Presenting Officers Section24 - Limitation Chapter 5 Section25 - Modes of recovery of debts Section26 - Validity of certificate and amendment thereof Section27 - Stay of proceedings under certificate and amendment or withdrawal thereof Section28 - Other modes of recovery Section29 - Application of certain provisions of Income-tax Act Section30 - Appeal against the order of Recovery Officer Chapter 6 Section31 - Transfer of pending cases Section31A - Power of Tribunal to issue certificate of recovery in case of decree or order Section32 - Chairperson, Presiding Officer and staff of Appellate Tribunal and Tribunal to be public servants Section33 - Protection of action taken in good faith Section34 - Act to have over-riding effect Section35 - Power to remove difficulties Section36 - Power to make rules Section37 - Repeal and saving Amending Act1 - AMENDMENT ACT
List Judgments citing this sectionRevenue Recovery Act, 1890 Complete Act
Title: Revenue Recovery Act, 1890
State: Central
Year: 1890
Preamble1 - REVENUE RECOVERY ACT, 1890 Section1 - Title and extent Section2 - Definitions Section3 - Recovery of public demands by enforcement of processes in other districts than those in which they become payable Section4 - Remedy available to person denying liability to pay amount recovered under last foregoing section Section5 - Recovery by Collectors of sums recoverable as arrears of revenue by other public officers or by local authorities Section6 - Property liable to sale under this Act Section7 - Saving of local laws relating to revenue Section8 - Recovery in India of certain public demands arising beyond India Section9 - Recovery in India of land revenues etc., accruing in Burma Section10 - Duty of Collectors to remit moneys collected in certain cases ScheduleI - THE SCHEDULE
List Judgments citing this sectionKarnataka Public Moneys (Recovery of Dues) Act, 1979 Section 3
Title: Recovery of Certain Dues as Arrears of Land Revenue
State: Karnataka
Year: 1979
Section 3 - Recovery of certain dues as arrears of land revenue (1) Where any person is party,- (A) to any agreement relating to a loan, advance or grant given to him or relating to credit in respect of, or relating to hire-purchase of goods sold to him by the State Government or the Corporation, by way of financial assistance; or (B) to any agreement relating to a loan, advance or grant to him or relating to credit in respect of or relating to hire-purchase of, goods sold to him by a banking company or a Government company, as the case may be, under a State sponsored scheme; or (C) to any agreement relating to a guarantee given by the State Government or the Corporation in respect of a loan raised by an industrial concern; or (D) to any agreement providing that any money payable thereunder to the State Government shall be recoverable as arrears of land revenue; and such person,- (a) makes any default in payment of the loan or advance or any instalment thereof; or (b) having become liable under the conditions of the grant to refund the grant or any portion thereof, makes any default in the refund of such grant or portion or any.....
View Complete Act List Judgments citing this sectionKarnataka Power Transmission Corporation (Recovery of Dues) Act, 1976 Preamble 1
Title: Karnataka Power Transmission Corporation (Recovery of Dues) Act, 1976
State: Karnataka
Year: 1976
Preamble 1 - KARNATAKA POWER TRANSMISSION CORPORATION (RECOVERY OF DUES) ACT, 1976 THE KARNATAKA1[POWER TRANSMISSION CORPORATION] (RECOVERY OF DUES) ACT, 19762 [Act, No. 51 of 1976] [23th June, 1976] PREAMBLE An Act to provide for the expeditious recovery of certain sums due to the Karnataka1[Power Transmission Corporation] WHEREAS it is expedient to provide for the expeditious recovery of certain sums due to the Karnataka1[Power Transmission Corporation]; BE it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the Republic of India as follows:- ________________________ 1. Substituted by Act 27 of 2001 (w.e.f. 10.1.2002). 2. First published in the Karnataka Gazette Extraordinary on the Twenty-sixth day of June, 1976.
View Complete Act List Judgments citing this sectionRecovery of Debts Due to Banks and Financial Institutions Act, 1993 Section 30
Title: Appeal Against the Order of Recovery Officer
State: Central
Year: 1993
1[30. Appeal against the order of Recovery Officer (1) Notwithstanding anything contained in section 29, any person aggrieved by an order of the Recovery Officer made under this Act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the Tribunal. (2) On receipt of an appeal under sub-section (1), the Tribunal may, after giving an opportunity to the appellant to be heard, and after making such inquiry as it deems fit, confirm, modify or set aside the order made by the Recovery Officer in exercise of his powers under sections 25 to 28 (both inclusive).] ________________________ 1. Substituted by Act 1 of 2000, section 12, for section 30 (w.r.e.f. 17-1-2000).
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