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Kerala State Co-operative Agricultural And Rural Development Bank Ltd. ...
Supreme Court of India
Sep-14-2023
Direct Taxation
shall apply to a primary credit society carrying on banking business on or before the commencement of the Banking Laws (Amendment) Act, 2012, for a period of one year or for such further period not exceeding three years, as the Reserve … a Registration Certificate bearing No.4017 from the Registrar of Co-operative Societies, Trivandrum, 3 recognizing it as a co-operative Central Land Mortgage Bank incorporated on the basis of limited liability under Section 10 of the State Act, 1951 … Bank of India reports and the RTI replies categorically indicate that the 12 appellant is not included under the scope of the provisions of the
Tag this Judgment! AI Brief & AskMr.Inder Raj Aga Vs. Union of India, Rep., by Secretary, Depa
Andhra Pradesh
Apr-24-2015
Land Acquisition
measures under the SARFAESI Act; Section 56 of the Banking Regulation Act was amended in furtherance of the Banking Laws (Amendment) Act 2012 which came into force with effect from 05.01.2013; Section 56 of the amended Banking Regulation Act specifically includes … the petitioner: Sr.T. Vinod Kumar Counsel for respondent No.1: Standing Counsel for Central Government Counsel for respondent No.2: Government Pleader for Cooperative Counsel for respondent … of the SARFAESI Act, and the notice dated 21.02.2015 issued by the 3rd respondent-bank under Section 13(4) and Section 12 of the SARFAESI Act, as arbitrary, illegal and without jurisdiction. In seeking this relief, the petitioner places reliance
Tag this Judgment! AI Brief & AskBank Of Rajasthan Ltd. Vs. Vck Shares And Stock Broking Services Ltd.
Supreme Court of India
Nov-10-2022
Land Acquisition
co-operative bank pending before the date of commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 (1 of 2013) under the Multi- State Co-operative Societies Act, 2002 (39 of 2002) shall be continued and … that as per the view of this Court in Nahar Industrial Enterprises Ltd. v. Hong Kong and Shanghai Banking Corporation,1 a suit filed by a borrower against the bank was not barred before the Civil Court, although … shall exercise, on and from the date to be appointed by the Central Government, the jurisdiction, powers and authority to entertain and decide applications 10 … Mills v. Jaypee Rewa Cement, (2004) 3 SCC85(Para 12); and KK Velusamy v. N. Palanisamy, (2011) 11 … being OA No.263 of 1997, for recovery of the amounts due under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions
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ICICI Bank Limited Vs. Unimers India Limited and Others
Mumbai
Mar-07-2016
MRTP
co-operative bank pending before the date of commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 under the Multi-State Co-operative Societies Act, 2002 (39 of 2002) shall be continued and nothing contained in this … convenience, a brief reference to the facts of the case will be necessary. 4. The appellant is a banking company incorporated under the provisions of the Companies Act, 1956. It is a scheduled bank within the meaning … such other amount being not less than one lakh rupees, as the Central Government may, by notification, specify. (emphasis added) 14. The debt is defined … not lie before the DRT in view of what is provided in section 17 of the RDB Act read with the definition of Debt under … the amounts payable by the first defendant under 12.5% secured, redeemable and non-convertible debentures aggregating Rs.997 lacs
Tag this Judgment! AI Brief & AskState of Tamil Nadu Vs. State of Kerala and anr.
Supreme Court of India
May-07-2014
MRTP
by Kerala legislature, which came into force on 18.09.2003. 2003 Act was enacted to consolidate and amend the laws relating to construction of irrigation works, conservation and distribution of water for the purpose of irrigation and levy … referred to nor relied upon by Kerala at the time of hearing in Mullaperiyar Environmental Protection Forum1. 2006 (Amendment) Act 14. On 18.03.2006, in less than three weeks of the decision of this Court in Mullaperiyar Environmental Protection … steps to strengthen the dam. Simultaneously, the Kerala Government also requested the Central Government to depute a team from Central Water Commission (CWC) to inspect … and ratified 1886 Lease Agreement, which was statutorily protected and continued by Section 108 of the SR Act. Grounds of challenge to 2006 (Amendment) Act … 01.01.1886. The length of the main dam is 1200 ft. (365.76 m.) and top of the dam
Tag this Judgment! AI Brief & AskSwaraj Infrastructure Pvt. Ltd. Vs. Kotak Mahindra Bank Ltd.
Supreme Court of India
Jan-29-2019
Land Acquisition
co-operative bank pending before the date of commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 under the Multi-State Co- operative Societies Act, 2002 ((39 of 2002) shall be 10 continued and nothing contained … shall exercise, on and from the date to be appointed by the Central Government, the jurisdiction, powers and authority to entertain and decide applications under … NO.___1291__________ of 2019 (ARISING OUT OF SLP (CIVIL) NO.6221 OF2018 SWARAJ INFRASTRUCTURE PVT. LTD. …APPELLANT VERSUS KOTAK MAHINDRA BANK LTD. …RESPONDENT WITH CIVIL APPEAL NO._____1292________ of 2019 (ARISING OUT OF SLP (CIVIL) NO.6458 OF2018 CIVIL APPEAL NO._____1294________ … for the said amounts were then issued by the Recovery Officer under Section 19(19) of the Recovery of Debts Due to Banks and Financial Institutions … Recovery Appellate Tribunal [“DRAT”]., Mumbai. Recovery certificates dated 12.08.2015 for the said amounts were then issued by
Tag this Judgment! AI Brief & AskAmrit Jal Ventures Private Limited Vs. Srei Infrastructure Finance Lim ...
Kolkata
Aug-02-2016
Land Acquisition
co-operative bank pending before the date of commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 under the Multi-State Co-operative Societies Act, 2002 (39 of 2002) shall be continued and nothing contained in this … upon a decision of the Hon’ble Supreme Court in Nahar Industrial Enterprises Limited versus Hong Kong and Shanghai Banking Corporation reported at (2009) 8 SCC646and Indian Bank versus ABS Marine Products (P) LTD.reported at (2006) 5 SCC72 … the “RDB Act”) is pending before the Debt Recover Tribunal, is the central issue in this application for appointment of an arbitrator. The respondent contends … an arbitrator at the instance of a borrower when a proceeding under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions … Banerjee, Adv.Mr.Shaunak Mitra, Adv.Ms.Dwidhita Bhaduri, Adv.Heard On : 12.07.2016, 26.07.2016, 27.07.2016. Judgment On : 2nd August, 2016.
Tag this Judgment! AI Brief & AskRiddhisiddhi Bullions Limited and Others Vs. Union of India, through C ...
Mumbai
Dec-23-2015
Education
relating to incorporation, capital management and business. Chapter III is titled Central Banking Functions. Chapter III-A deals with collection and furnishing of credit information and … the requisite quantum from the lots as mandated. Compliance with the statutes, laws and regulations of one regulatory entity does not give a blanket clearance … âgold, jewellery or precious stonesâ? were omitted from sub-section (2) of section 13 of FERA by the same Amendment Act and with effect from the same date. This is relevant and germane, according to Mr. Chagla, for understanding … various dates i.e. 15th March, 2011, 17th April, 2012, 9th April, 2013 and 5th May, 2014 with … 17. One of the business is the purchase and sale of gold and silver or foreign exchange. By sub-section (12) which is substituted with effect from 21st July, 1978 by Act 24 of 1978, the Reserve Bank of
Tag this Judgment! AI Brief & AskFinancial Intelligence Unit-Ind vs.corporation Bank
Delhi
Sep-04-2019
Land Acquisition
23. Section 13 of the Act was amended by virtue of Section 11 of the Prevention of Money-Laundering (Amendment) Act, 2012 with effect from 15.02.2013. Section 13 of the Act as amended is set out below:-"“13. Powers of Director … If the Director, in the course of any inquiry, finds that a banking company, institution or an intermediary or any of its officers has failed … Every law that takes away or impairs rights vested agreeably to existing laws is retrospective, and is generally unjust and may be oppressive; it is … amongst a panel of accountants, maintained by the Central Government for this purpose. (lB) The expenses of, … instance of failure on part of the respondent banks to comply with the obligations as set out in Section 12 of the Act, read with Prevention of Money Laundering (Maintenance and Records) Rules, 2005 (hereafter ‘the Rules’). Whilst
Tag this Judgment! AI Brief & AskBhasin Tobaccos Ltd. & Ors. Vs.gambro Nexim (India) Medical Ltd. & ...
Delhi
Jan-21-2019
Land Acquisition
co-operative bank pending before the date of commencement of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 under the Multi-State Co-operative Societies Act, 2002 shall be continued and nothing contained in this section shall, after … shall exercise, on and from the date to be appointed by the Central Government, the jurisdiction, powers and authority to entertain and decide applications under … contained in this section shall, after such commencement, apply to such proceedings.” 12. Attention has next been invited to Section 29 under Chapter-V titled “Recovery … Mr. Sunil Magon, Adv. for D-4&5. Mr. Ayush Chaudhary, Adv. for Mr. Gautam Awasthi, Adv. for D- 6/Indian Bank. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.13912/2018 of the defendants no.1 to 3 under Order VII
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