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Reeta Srivastava Vs. District Magistrate, Lucknow and Another
Allahabad Lucknow
Dec-17-2014
Education
amended provisions of Section 14 which were inserted by the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act 2012 (Act 1 of 2013). The amended provisions insofar as they are material to the present proceedings came into … be necessary to refer, at the present stage, to a decision of the Supreme Court in Standard Chartered Bank vs. V. Noble Kumar and Ors. ((2013) 9 SCC 620). The Supreme Court in the following observations has
Tag this Judgment! AI Brief & AskM.Arumugam Vs. State of Tamil Nadu
Chennai
Jan-29-2013
Land Acquisition
made through the ordinance was carried through under the Amending Act under the Tamil Nadu Co-operative Societies (Third Amendment) Act, 2012 (Act 37 of 2012). Section 21(2)(i) was amended, whereby, the expression "or by the general body where there … make provisions for co-option of persons to be members of the board having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the co-operative … thereof as he may specify in the notification. 243ZT. Continuance of existing laws.--Notwithstanding anything in this Part, any provision of any law relating to co-operative … praying for the issuance of Writ of Declaration declaring that impugned ordinance 14/2012 dated 03.08.2012 amending Sec.21 (2)(1) and 1st and 2nd proviso of Tamilnadu
Tag this Judgment! AI Brief & AskGeys Vs. Societe Generale, London Branch
UK Supreme Court
Dec-19-2012
Land Acquisition
in a relationship which has been described as "at once interdependent and oppositional": The Oxford History of the Laws of England, vol xiii (2010), p 623. This is why the common law rule against injunctions requiring an … Deakin and GS Morris, Labour Law, 6th ed, 2012, paras 5.13, 5.14). In 1963, statute intervened to … Geys, is a Belgian national. He is in dispute with his former employer, Société Générale, London Branch ("the Bank"), about the amount due to him following his summary dismissal from his employment. His case is that he … form of draft termination agreement further than as set out above, such amendments must be agreed within 28 days after the date on which your … with deduction of income tax or employee NICs. 3. Pension Benefits Your active membership of the SG International Pension Plan (IPP) will cease on 29 … There was also, in paragraph 5, an elaborate section which extended to more than eleven pages dealing
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...
Chennai
Apr-22-2013
Land Acquisition
the third in the year 2004 in the form of Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004. Companies (Second Amendment) Act”25. First let us take note of what led to the Companies (Second Amendment) … the benefit of hearing the views of the Union Labour Secretary, Union Banking Secretary and experts representing financial institutions, commercial bodies and Indian Bankers Association … tabular form, the status of cases filed in the years 1987 to 2012 and which are still pending, despite a lapse of 25 years. It … as are vested in a Civil Court under the Code of Civil Procedure in respect of certain matters. Section 14 declared the Board and the Appellate Authority to be a Civil Court for the purpose of Section 195
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 … 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 … with M.A. No.31 of 2003, which was dismissed vide an order dated 14.11.2003 opining that the appellant should have sold the shares in 1996 and,
Tag this Judgment! AI Brief & AskPratibha Ramesh Patel Vs. Union of India and Ors.
Supreme Court of India
Mar-09-2016
Education
To declare that sections 2, 12 and 15(a) of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012, which has since been notified on 3rd of January, 2013 and the said Act to have brought into … Act, 2002, and impugned order of the Ld. District Magistrate, raigad, Alibag dated 30/06/2014 (Annexure “P1” purportedly under section 14 of the SARFAESI Act, 2002 in Case No.18/2014 as null and void, being in violation of the principles … of Securities Interest Act, 2002 and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, has brought Multi State Co-operative Society within
Tag this Judgment! AI Brief & AskMaha Ganapati Shankara Devasthana, Sirsi and Others Vs. State of Karna ...
Karnataka Dharwad
Nov-17-2015
Land Acquisition
the Karnataka Religious Institutions and Charitable Endowments (Amendment) Act, 2011 and the Karnataka Religious Institutions and Charitable Endowments (Amendment) Act, 2012, as being discriminatory, violative of Constitutional rights and are accordingly struck down in entirety. The other reliefs sought … on the diverse units before launching upon a process of adaptation of laws so as to make them reasonably uniform having regard to the special … held that the enactment was ultra vires Articles 14, 25 and 26 of the Constitution of India. … Company Limited vs. Rajkumari, 2007(12) SCC 768, Padmasunder Rao vs. State of Tamilnadu, 2002(3) SCC 533, Punjab National Bank vs. R.L. Vaid, 2004(7) SCC 698. It is contended that the contentions of the respondents regarding the absence … into force, 34000 temples were declared as notified temples for purposes of Section 23 of the Act. This was promptly challenged by the Devalaganagapur Narasimhasaraswathi
Tag this Judgment! AI Brief & AskGSL (India) Ltd. Vs. Asset Reconstruction Co. (India) Ltd. and Others
Mumbai
Dec-15-2015
Land Acquisition
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 … was of the opinion that further remedial measures were required in the banking sector. The Government was mindful of the fact that the financial sector … Companies Act, 1956 and was the Applicant in Securitization Application No.136 of 2012 before the DRT â“ III, Mumbai. Respondent No.1 is ARCIL which is … a competent court, as the case may be, for recovery of its balance dues from the borrower. 21. Section 14 of the SARFAESI Act, is a provision which entitles the secured creditor to approach the Chief Metropolitan Magistrate
Tag this Judgment! AI Brief & AskThe Authorized Officer,indian Bank Vs. D. Visalakshi
Supreme Court of India
Sep-23-2019
Land Acquisition
the Appellate Tribunal (DRAT) is also provided under Section 18 of the Act.16. Section 14, inserted through the Amendment Act No.1 of 2013, contemplates delegation of power to assist, by the District Magistrate/Chief Metropolitan Magistrate, to any officer … that the Parliament in various Acts, including the Sick Industrial Companies (Special Provision) Act, 1985 - Section 29, Banking Regulation Act, 1949 - Section 45S, Industrial Reconstruction Bank of India, 1984 - Section 51, National Housing Bank … intent. There is presumption that Parliament had complete knowledge of the existing laws and was conscious of the distinction or similarity between the scope of … the adjudicating authority cannot delegate his power as it will run 54 2012 (2) CWC11539 contrary to the Principle 'Delegata potestas non potest deligari'.” It
Tag this Judgment! AI Brief & AskAbsa Bank Limited Vs. Peter Jacobus Janse Van Rensburg and Others
South Africa Supreme Court of Appeal
Mar-28-2014
Land Acquisition
be the case. (a) The leading example is Sebola v Standard Bank 2012 (5) SA 142 (CC), but as Maya JA points out in that … is Sebola v Standard Bank 2012 (5) SA 142 (CC), but as Maya JA points out in … the merits of the appeals invariably concerned frequently arising questions of statutory construction and application.[12]In Sebola v Standard Bank,[13]upon which Absa relied, the Constitutional Court was requested to interpret and assess the constitutional impact of a statutory … sine die with no order as to costs. The matters were postponed to afford Absa an opportunity to amend its summonses so as to refer to the underlying credit agreements and annex them. It is the full … the reasons. [2] The background facts are simple. The appellant (Absa) launched action proceedings against the respondents in the high court based on mortgage bonds … be achieved in other respects.[4] [8] But the section confers a discretion on this court.[5]Thus, in The
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