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Kalyani Sales Company and anr. Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 3(1), 13(2), 13(4), 13(8), 13(10), 14, 17, 17(1), 17(2), 17(6), 17(7), 18A, 18(1), 19, 19(1), 19(2), 19(8), 19(25), 31, 34, 35, 37, 38(2), 40 and 40(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - 1(4), 2, 3, 3(1), 13(2), 13(4), 17, 19, 19(1) and 31; Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 - Sections 10, 12, 17 and 18; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2000; Information Technology Act, 2000 - Sections 2; Court Fees Act, 1870 - Sections 7; State Financial Corporation Act, 1951 - Sections 29 and 31; Industrial Disputes Act, 1947

Reported in : AIR2006P& H107; I(2006)BC1; (2006)142PLR1; [2006]70SCL177(Punj& Har)

of the Act. The said ordinance was replaced by the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (Act No.30 of 2004) (hereinafter to be referred as 'the Amending Act').In Mardia Chemicals Limited's case (supra), while … Objects and Reasons when the Bill to amend the Act was introduced. The said Para reads as under:-6. Chapter III of the Ordinance amends the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, so as … enacted to empower the banks and financial institutions to take possession of securities and sell them. The validity of the RDB Act was upheld by

Bank Of Rajasthan Ltd. Vs. Vck Shares And Stock Broking Services Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

it, withdraw the application, whether made before or after the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (30 of 2004) for the purpose of taking action under the Securitisation and Reconstruction of Financial Assets and … Act 1 of 2000 to include such provisions, and consequently the same were upheld. The Statutory Framework 32. Chapter III of the RDB Act has the heading ‘Jurisdiction, Powers and Authority of Tribunals’.33. Section 17 of the RDB … This additional credit was secured by the deposit of shares, stocks, and securities of various companies. The respondent did not adhere to financial discipline, resulting

V.K. Sekhar Vs. Indian Bank, Greamset Branch and anr.

Court : Andhra Pradesh

Subject : BankingCivil

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2), 13(3A), 13(4), 17(1), 31, 35 and 37; Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 2, 19 and 19(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Code of Civil Procedure (CPC) , 1908 - Sections 60(1); Constitution of India - Article 226

Reported in : 2006(6)ALD778

cause of action, wholly or in part, arises.(2)...11. Under the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (for short, 'the Amendment Act, 2004), Section 19 of the RDB Act, 1993 was amended with effect from … shows that it is specifically aimed at empowering the Banks and Financial Institutions to take possession of the securities given for financial assistance and sell the same for recovery of the dues declared as NPAs without the … under a decree or order of any Civil Court or Arbitration Award. Chapter-II of the said Act deals with establishment of Tribunal and Appellate Tribunal … the Act had taken possession of the secured assets on 28-9-2005 and 3-12-2005 and proposed to sell the same under the impugned Notice by inviting

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Subject : 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) Act, … three other related enactments, namely, (i) The Companies Act, 1956, (ii) The Securities Contracts (Regulation) Act, 1956, and (iii) The Sick Industrial Companies (Special Provisions) … or gets terminated on passing an order under Section 17(3). The learned Judge also held that reference under Chapter III of SICA is a genus and everything else that follows are species and that therefore the reference should

Shree Rama Multi-tech Ltd. and anr. Vs. Asset Reconstruction Company ( ...

Court : Gujarat

Subject : Civil

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 2(1), 3, 13, 13(1), 13(2), 13(3A), 13(4), 13(5), 13(6), 13(8), 13(9), 13(10), 17, 17(1), 17(2), 17A, 18, 19, 31, 34, 35, 36 and 37; Companies Act, 1956; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 17, 17(1), 19, 19(1), 19(15), 22 and 24; Enforcement of Security Interest and Recovery of Debt Laws (Amendment) Act, 2004 - Sections 10; Transfer of Properly Act, 1882 - Sections 69 and 69A; Limitation Act, 1963; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 8 - Order 23, Rule 1, 1(1), 1(3) and 1(4) - Order 32, Rules 1 to 14 ; In

Reported in : (2007)2GLR1230

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 … which ultimately culminated into the Amending Act of 2004 reads as follows:Chapter III of the Ordinance amends the Recovery of Debts to Banks and Financial … is not in dispute that the respondent-Company acquired under various agreements, financial assistances -- together with all underlined securities and interest -- in the petitioner No. 1-Company.2.4 It is virtually undisputed that substantial outstanding amount has not … 13 taken by the secured creditor or his authorised officer under this Chapter, may make an application along with such fee, as may be prescribed

Solaris System Pvt. Ltd. Vs. Oriental Bank of Commerce

Court : Kerala

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2) and 14; Code of Criminal Procedure (CrPC) - Sections 8, 12, 17 and 482; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19 and 19(1); Transfer of Property Act, 1882 - Sections 69, 69A, 69(2) and 69(4); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Securities and Exchange Board of India Act, 1992; Companies Act, 1956 - Sections 37; Securities Contracts (Regulation) Act, 1956

Reported in : IV(2006)BC536; 2006(3)KLT121; [2006]72SCL168(Ker)

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 … under the RDDB Act.14. Yet another contention raised by the petitioner is that Section 13 which comes under Chapter III of the Act deals with enforcement of security interest as against a borrower only. It is contended that … not in derogation of the Companies Act 1956 (1 of 1956), the Securities Contracts (Regulation) Act 1956 (42 of 1956), the Securities and Exchange Board

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

Subject : Land Acquisition

right to privacy as a fundamental right covered by either under Article 21 or any other Article in Chapter III of the Constitution of India. He urged that if such a course is adopted, it would create a … urged that no earlier judgment of the Apex Court holds that the laws and policies of the States which permit slaughter of cows, bulls or … the Maharashtra Animal Preservation Act, 1976 (for short Animal Preservation Act ) as amended by the Maharashtra Animal Preservation(Amendment)Act,1995 (for short the Amendment Act ). The Amendment Act received the assent of the Hon'ble President of India … of Union of India v. Navin Jindal (AIR 2004 SC 1559), the Court will have to keep … in this behalf by the State Government, may, with a view to securing compliance of provisions of Section 5A, 5B, 5C or 5D, for satisfying

Mohan Lal and anr. Vs. Dwarka Prasad and ors.

Court : Rajasthan

Subject : Civil

Reported in : AIR2007Raj129; RLW2007(3)Raj2656

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 … shall be in addition to, and not in derogation of, the Companies Act, 1956 (1 of 1956), the Securities Contracts (Regulation) Act, 1956 (42 of 1956), the Securities and Exchange Board of India Act, 1992 (15 of … 13 taken by the secured creditor or his authorised officer under this Chapter, (may make an application along with such fee, as may be prescribed) … was granted after two years of filing of the said appeal on 3-8-2002, the aforesaid mortgagee Dwarka Prasad sold the suit property to one Ghanshyam,

Lalita Kumari Vs. Govt.of U.P.and ors.

Court : Supreme Court of India

Subject : Land Acquisition

the Constitution, which lays down the provisions relating to inconsistencies between the laws made by the Parliament and the State Legislatures. Article 254(1) is reproduced … recommendations of the Report of the 41st Law Commission and insertion of Section 13 of the Criminal Law (Amendment) Act, 2013 with effect from 03.02.2013.16) Mr. R.K. Dash, learned senior counsel appearing for the State of Uttar Pradesh, … would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall … ascertain whether cognizable offence is disclosed or not. iii) If the inquiry discloses the commission of a … the offence, there was sufficient ground for proceeding, the Magistrate was required to issue the necessary process to secure the attendance of the accused (Section 204 CrPC). The scheme of the Code thus was that the FIR

Mangalore Stock Exchange Vs. Securities and Exchange Board of India

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Subject : Right to Information

Reported in : (2006)67SCL27SAT

stock exchange.12. Under the SCR Act, 1956 certain additional provisions were introduced with respect to appeal provisions by Securities Laws (Amendment) Ordinance, 2004. Certain orders passed by the Central Government were appealable to the Tribunal under the provisions of … the Central Government.38. The learned amicus curiae relied on text book on Administrative Law by Wayde & Forsyth, Chapter 11 of Part V, and submitted that an element which is essential to the lawful exercise of power … MGSE shall be liable to pay SEBI registration fees as per Schedule III of the said regulations, till the date of this Order.3. Both sides