Advanced Search Results
Kalyani Sales Company and anr. Vs. Union of India (Uoi) and anr.
Punjab and Haryana
Dec-08-2005
Banking
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
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 … 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 … Recovery Tribunal constituted under the RDB Act exercises jurisdiction over the debts of Rs.10 lacs or more. Under Section 3(1) of the Act, the Debts Recovery Tribunal, so established, exercises the jurisdiction, power and authority conferred on such
Tag this Judgment! AI Brief & AskDigivision Electronics Ltd. Vs. Indian Bank, Rep. by Its Deputy Genera ...
Chennai
Jul-07-2005
Banking
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2 and 19(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) - Sections 13(1), 13(2), 13(3A), 13(4), 13(10), 17, 17(1) and 17(2); Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; ;Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Removal of Difficulties) Order, 2004 - Rule 3; Constitution of India - Article 226
IV(2005)BC502; [2005]126CompCas630(Mad); 2005(3)CTC513; (2005)3MLJ394; [2005]63SCL714(Mad)
inserting Clause 3-A in Section 13 was made by the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 w.e.f.11.11.2004, but the position was the same even before this amendment in view of the observations made by … ORDERMarkandey Katju, C.J. 1. All the above writ petitions relate to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the Securitisation
Tag this Judgment! AI Brief & AskA. Venkatramani Vs. Lic Housing Finance Limited, Rep. by Its Authorise ...
Chennai
Sep-28-2006
Commercial
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(3), 13(4), 14(1) 17, 35, 36 and 37; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Exchange Board of India Act, 1992; State Financial Corporation Act, 1963 - Sections 3, 29 and 31; Maharashtra Cooperatives Societies Act, 1960 - Sections 101; Transfer of Property Act - Sections 55(1); Limitation Act, 1963 - Sections 62; Constitution of India - Article 226
[2007]135CompCas514(Mad); [2007]78SCL222(Mad)
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 … 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 … case involved in the above decision, the question raised was 'whether the State Financial Corporation, set up under Section 3 of the State Financial Corporation Act (63 of 1951), is entitled to take recourse to the remedy available
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Kamaldeep Synthetic Ltd., by Managing Director V. Nandakumar Vs. Indus ...
Chennai
Sep-08-2006
Banking
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19 and 19(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2), 13(4), 13(10), 17, 17(2), 29, 31, 32, 34, 35 and 36; Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Limitation Act, 1963; State Financial Corporation Act - Sections 3 and 31; Constitution of India - Article 226
[2007]139CompCas52(Mad); (2007)1CompLJ190(Mad)
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 … and Anr. : [1994]1SCR857 had the occasion to consider the question whether the Financial Corporation set up under Section 3 of the State Financial Corporation Act . is entitled to take recourse to the remedy available to it … members, but also vetted and approved the names of independent Directors, thereby securing majority for its nominee and independent Directors, effectively and factually interfered in
Tag this Judgment! AI Brief & AskGhanta Infrastructures Ltd., a Company Incorporated Under the Provisio ...
Andhra Pradesh
Jan-23-2008
Company
Banking Regulation Act, 1941 - Sections 22 and 22(3); Assam Control Order, 1961; Bombay Tenancy Act, 1939; Company Court Rules, 1959 - Rule 79; Constitution of India - Articles 12, 14, 19(1), 32, 226 and 300A; Code of Criminal Procedure (CrPC) , 1973 - Sections 313; Enforcement of Security Interest and Recovery of the Debts Laws (Amendment) Act, 2004; Evidence Act, 1872 - Sections 78(2) and 81; Companies Act, 1956 - Sections 4A, 81, 91, 100, 190, 224 to 233, 235 to 351, 391-394, 433, 617, 619 and 643; Companies Act, 1913 - Sections 153; Indian Contract Act, 1872 - Sections 172; Industrial Courts Act, 1919; Industries (Development and Regulation Act, 1951; International Finance Corporation (Status, Immunities and Privileges) Act, 1958; Madras Agriculturalists' Relief Act; Recovery of
2008(2)ALT611
3(3)(h) of the Act has been introduced by the Enforcement of Security Interest and Recovery of the Debts Laws (Amendment) Act 2004. Section 2 of the Act deals with Definitions and Section 2(b) defines 'asset reconstruction' as:Unless the context otherwise requires … and all the rights of IDBI and ICICI Bank in relation to the financial assets and the underlying securities vested in the ARCIL by other Banks such as S.B.I., Punjab National Bank, State Bank of Hyderabad, State
Tag this Judgment! AI Brief & AskUco Bank, Churchgate Branch Through Mr. K. Venkatachalam Vs. Kanji Man ...
Mumbai
Feb-12-2008
CivilBanking
Banking Companies Act, 1949; Indian Partnership Act; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; NPA Act - Sections 2(1), 4(2), 8(1), 10(3), 13, 13(2), 13(3)(A), 13(4), 13(6), 13(8), 13(13), 14, 17, 17(1), 17(2), 17(3), 17(5), 17(7), 19, 31, 34, 35, 36 and 37; Limitation Act, 1963 - Sections 3, 4 to 29, 29(3) and 43(4); Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 4(2) and 13; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Debts Recovery Tribunal Act - Sections 22 and 24; Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Arbitration and Conciliation Act, 1996 - Sections 5, 34 and 34(3); Arbitration Act, 1940 - Sections 30 and 53; Arbi
2008(2)ALLMR512; 2008(3)BomCR290; (2008)110BOMLR744; 2008(4)MhLj424
Matched in: Advocate Vishal Khanavkar and ;Kedar Dighe, Advs. K.R. Bulchandani and ;K.K. Shroff, Advs., i/b., ;Akshar Laws
Tag this Judgment! AI Brief & AskSahir Shah Vs. Bank of India
Kerala
Jun-23-2005
Civil
Securitisation and Reconstruction Financial Assets and Enforcement of Security Interest Act, 2002 - Sections 3, 13, 13B, 13(2), 13(4), 17 and 37; Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 17 and 19; Enforcement of Security Interests and Recovery of Debts Laws Amendment Act, 2004 - Sections 19 and 19(1); Securitisation and Reconstruction Financial Assets and Enforcement of Security Interest Rules, 2004 - Rule 9 and 9(1)
AIR2006Ker42; II(2006)BC386; [2007]138CompCas745(Ker); 2006(1)KLT161; [2006]66SCL14(Ker)
the insertion of the proviso to Section 19 of the Enforcement of Security Interests and Recovery of Debts Laws Amendment Act, 2004, is the question that has come up for consideration in this case.2. Bank of India, respondent herein, filed … before the Tribunal could be granted or not.11. The Central Government in exercise of the powers conferred under Section 3 established Tribunals which could exercise jurisdiction, powers and authority conferred on such Tribunal under the Act to refuse … or Financial Institution to invoke the provisions of Section 13B of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
Tag this Judgment! AI Brief & AskTranscore Vs. Union of India (Uoi) and anr.
Supreme Court of India
Nov-29-2006
Banking
Debts Recovery Tribunals Act, 1993 - Sections 2, 3(1), 17, 19, 19(1), 19(6), 19(7), 19(8), 19(12), 19(13), 19(18), 19(19), 19(25), 20, 21, 24, 25, 28 and 29; Debts Recovery Tribunals (Amendment) Act, 2004 - Sections 5A, 13(3A) and 17(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 5, 5A, 6, 9, 10, 11, 12, 13, 13(1), 13(2), 13(3), 13(3A), 13(4), 13(4A), 13(6), 13(7), 13(8), 13(9), 13(10), 13(11), 13(13), 14, 17, 17(1), 17(2), 17(3), 17(4), 18, 18(1), 22, 31, 35, 36, 37, 40 and 40(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Transfer of Property Act, 1882 - Sections 69 and 69A; State Financial Corporations Act, 1951 - Sections 29 and 31; Limitation Act, 1963; Companies
AIR2007SC712; 2007(1)ALD109(SC); I(2007)BC33(SC); [2007]135CompCas1(SC); (2007)1CompLJ1(SC); 2006(5)CTC753; 135(2006)DLT151(SC); (2007)1MLJ929(SC); 2006(12)SCALE585; (2008)
were not repealed by the Indian Income-tax Act but by the Taxation Laws (Extension to Merged States and Amendment) Act 67 of 1949. Owing to this, the depreciation actually allowed under the laws of the merged States could … is concerned, includes mortgage, charge, hypothecation etc. except those specified in Section 31 which excludes ten types of securities from the purview of NPA Act. He submitted that the NPA Act is the special Act whose provisions … ORDER, 2004. (ii) It shall come into force at once.2. Definition. - Debts Recovery … under Section 9 read with Clause (e) of sub-section (2) of Section 36 of the Recovery of Debts Due to Banks and Financial Institutions Act,
Tag this Judgment! AI Brief & AskKirandevi Bansal Vs. D.G.M., Small Industries Development Bank of Indi ...
Gujarat
Feb-19-2009
Banking
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2), 13(3A), 13(4), 13(13), 17, 17(2) and 17A; Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 - Sections 13(3A); Transfer of Property Act, 1882 - Sections 69 and 69A; Companies Act, 1956 - Sections 529(1) and 529A; Industrial Disputes Act, 1947 - Sections 17(1); Consumer Protection Act, 1986 - Sections 13(2); Security Interest (Enforcement) Rules, 2002 - Rule 3A; Prevention of Food Adulteration Rules, 1955 - Rules 7(3) and 9; Constitution of India - Article 14
AIR2009Guj100
of the Act. Consequently, Sub-section (3A) was inserted by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (30 of 2004) with effect from 11.11.2004.7. The relevant provisions which are necessary for our consideration are extracted … assets, manage problem of liquidity, asset liability mismatches and improve recovery by exercising powers to take possession of securities, sell them and reduce non-performing assets by adopting measures for recovery or reconstruction. The Act further provides for … Sub-section (3A) of Section 13 of the Securitisation Act read with Rule 3A of The Security Interest (Enforcement) Rules, 2002 (for short 'the Rules'), it
Tag this Judgment! AI Brief & AskShree Rama Multi-tech Ltd. and anr. Vs. Asset Reconstruction Company ( ...
Gujarat
Aug-22-2006
Civil
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
(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 … 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 … has since being substituted by the term 'application' by virtue of Section 10(a)(i) of the Amending Act of 2004. Section 17 of the Act of 2002 reads as follows:17. Right to appeal :- (1) Any person (including borrower), … the Companies Act.2.2 The respondent-Company is a Securitisation and Reconstruction Company registered with Reserve Bank of India under Section 3 of the Act of 2002.2.3 It is not in dispute that the respondent-Company acquired under various agreements, financial
Tag this Judgment! AI Brief & AskAI Brief (18 sections) + Semantic Search - 7 days free
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »