Judgment Search Results Home > Cases Phrase: banking regulation act 1949 maharashtra section 20 restrictions on loans and advances Court: kerala Page 1 of about 4 results (0.088 seconds)

Commissioner of Income Tax Vs. the Nedungadi Bank Ltd.

Court : Kerala

Reported in : (2003)182CTR(Ker)403; [2003]264ITR545(Ker); 2003(2)KLT443

..... the supreme court in that case noted the provisions of section 29 of the banking regulation act, 1949 which, inter alia, provides that at the expiration of each calendar year, every banking company incorporated in india shall prepare a balance sheet and profit & loss account with reference to that year in the forms set out in the third schedule or as near thereto as circumstances admit. ..... section 6 of the banking regulation act, 1949 specifies the forms of business inwhich the banking companies may engage. ..... or negotiable or not; the granting and issuing of letters of credit,traveller's cheques and circular notes; the buying, selling and dealing in bullion and specie; thebuying and selling of foreign exchange including foreign bank notes; the acquiring, holding,issuing on commission, underwriting and dealing in stock, funds, shares, debentures, debenturestock, bonds, obligations, securities and investments of all kinds: the purchasing and sellingof bonds, scrips or other forms of securities on behalf of constituents or others, the negotiatingof loans and advances; the receiving qf all kinds of bonds ..... this is one of the legislative restrictions, on the otherwise unlimited freedom of a banking institution to conduct its business in any manner it liked. ..... this decision is followed by the same bench of the supreme court in maharashtra district central co-operative bank v. .....

Cit Vs. Nedungadi Bank Ltd.

Court : Kerala

Reported in : [2003]130TAXMAN93(Ker)

..... the supreme court in that case noted the provisions of section 29 of the banking regulation act, 1949 which, inter alia, provides that at the expiration of each calendar year, every banking company incorporated in india shall prepare a balance sheet and profit & loss account with reference to that year in the forms set out in the third schedule or as near thereto ..... section 6 of the banking regulation act, 1949 specifies the forms of business in which the banking ..... in all these cases is as to whether the government securities held by the appellants as required under the provisions of the banking regulation act, 1949 are stock-in-trade of the assessee banks and consequently, the assessee banks are entitled to re-value the said securities at the close of the assessment year and claim depreciation in respect of the notional loss suffered by the assessee banks in respect of the said securities in the assessment under the act. ..... forms of securities on behalf of constituents of others, the negotiating of loans and advances; the receiving of all kinds of bonds, scrips of valuables on deposits or for safe custody or otherwise, the providing of safe deposit vaults : the collecting and transmitting of money and securities;' (emphasis supplied)12. ..... this is one of the legislative restrictions, on the otherwise unlimited freedom of a banking institution to conduct its business in any ..... followed by the same bench of the supreme court in maharashtra district central co-operative banks case (supra). .....

C.V. George and Sons Vs. Assistant Commissioner of Income-tax

Court : Kerala

Reported in : (2006)205CTR(Ker)593; [2006]286ITR389(Ker)

..... is made otherwise than by a crossed cheque drawn on a bank or by a crossed bank draft in the cases and circumstances specified hereunder, namely:(a) where the payment is made to-(i) the reserve bank of india or any banking company as defined in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949) ;(ii) the state bank of india or any subsidiary bank as defined in section 2 of the state bank of india (subsidiary banks) act, 1959 (38 of 1959);(iii) any co-operative bank or land mortgage bank ;(iv) any primary agricultural credit society as defined in clause (cii) of section 2 of the reserve bank of india act, 1934 (2 of 1934), or any primary credit society ..... as defined in clause (civ) of that section ;(v) the life insurance corporation ..... , trivandrum ;(xiii) the state industrial and investment corporation of maharashtra ltd. .....

A.P. Varghese and Etc. Etc. Vs. the Kerala State Co-operative Bank Ltd ...

Court : Kerala

Reported in : AIR2008Ker91; III(2008)BC626

..... thereby, the central government specified 'co-operative bank' as defined in clause (cci) of section 5 of the banking regulation act, 1949, hereinafter referred to as the 'br act' as 'bank' for the purpose of the sarfaesi act.4. ..... for the aforesaid reasons, the issues regarding the applicability of sarfaesi act to the kerala state co-operative bank, the district co-operative banks and the urban co-operative banks and the validity of notification dated 28-1-2003 issued by the central government, in exercise of power under section 2(1)(c)(v) of the sarfaesi act, are answered against the petitioners and these writ petitions are dismissed, preserving the right of the petitioners for appropriate statutory remedies in terms of the provisions in the sarfaesi act. ..... in exercise of this power, the central government by notification dated 28-1-2003, has specified 'co-operative bank' as defined in section 5(cci) of the br act as a 'bank' by lifting the definition of co-operative bank' and 'primary cooperative bank' respectively from section 56 clauses 5(cci) and (ccv) of part v. ..... co-operative societies act, 1965 and maharashtra cooperative societies act, 1960, respectively, out of the purview of the entry 32 in list ii.16. .....

A.G.M. (P), Syndicate Bank and ors. Vs. B.K. Mahim

Court : Kerala

Reported in : (2001)ILLJ52Ker

..... by your above acts, you exhibited lack of integrity, honesty, devotion and diligence and acted in a manner unbecoming of the status of bank officer and thereby violated regulation 3(1) read with regulation 24 of the syndicate bank officer employees (conduct) regulations, 1976.pending enquiry, suspension of the delinquent officer was revoked by order dated september 12, 1985 without prejudice to the right of the bank to initiate disciplinary action against the delinquent officer.6 ..... regulation 20 of the syndicate bank officer employees (discipline and appeal) regulations, 1976 stipulates that whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiry authority which has, and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by ..... state of delhi administration, air 1980 sc 873 : 1980 (2) scc 390 dealing with section 5(1)(d) and (2) of the prevention of corruption act held where the evidence of the police officer who laid the trap is found entirely trustworthy, there is no need to seek any ..... first respondent-delinquent officer agreed to arrange the loan, and as a precondition complainant was directed to remit margin money of ..... supreme court in maharashtra state board of secondary and higher secondary education v. .....

P.J. Thomas and anr. Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : (1975)ILLJ284Ker

..... by the reserve bank, under section 45, clause (4), sub-clause (4) of the banking regulation act 1942, and sanctioned by the government of india, under section 45, (7) of the act, the kottayam orient bank was to be amalgamated with the state bank of trayancore. ..... dated 4-2-1971 (ext.p4) and 5-2-1971 (ext p4) did not solicit any action by the reserve bank, in pursuance of its powers under the scheme or the banking regulation act. ..... respondent, it has been pleaded that the petitioners and a large number of other similar employees of the bank did not challenge the fitment, and their cases were closed ; that thereafter, the bank had reorganised and fixed its staff pattern after 1963, and appointed and promoted suitable candidates to the various posts, that since 1963 as many as 440 persons were appointed and promoted as officers in the bank; and that the grant of any relief to the ..... the one relating to the issue of absorption of 'civil agents' into 'subordinatecadre final settlement of which had to be deferred as the matter was sub judice) connected with the refixation of the employees of the bank as settled, if the state bank of travancore would grant with effect from 1-7-1966 an additional increment to all the employees of the bank this was agreed to, and the union assured that all disputes, representations, writ petitions, suits, etc. ..... of maharashtra and ors ..... however, been immortalised by the judgment of the supreme court in maharashtra state road transport corporation's case a.i.r. .....

R.K.V. Motors and Timbers (P) Ltd. and ors. Vs. Regional Transport Off ...

Court : Kerala

Reported in : AIR1982Ker156

..... of the alleged order of july 24, 1899, having been made by a secretary of state, and of a direction by him as to the manner in which notice should be given of the making of such order, and that the sending of the order by the agent of the colliery to the appellant was also sufficient evidence of such notice having been given within the meaning of section 6 of the coal mines regulation act, 1896. ..... person, a german national by birth and stated to be a sailor by profession, apprehended in the act of smuggling at the instance of an international gang of gold smugglers -- ignorant about the restrictive notification (which made his act an offence) he being out of india at the time the notification was published in the gazette in india, was not guilty for the reasons, (i) he lacked the mens rea and (ii) the notification, which was only ..... ground for rejection of the claim for exemption on the omission to give advance intimation about the non-user of the vehicle within one week of the ..... it difficult to invoke that maxim as the statute empowering the reserve bank of india to give the permission, or the rules made thereunder do ..... affect the merits of its imposition.the action of the corporation in levying the duty was salvaged on the basis of, and only on the basis of section 38 (1) of the city of bangalore municipal corpo-ration act (69 of 1949) which contained a saving provision in the following terms (at p. ..... 467, and that the principles laid down by the supreme court in state of maharashtra v .....

Malabar Cement Ltd. Vs. Secretary, Mcl Labour Union

Court : Kerala

Reported in : 2006(2)KLT965

..... 28 a division bench of this court held that after notification is issued under section 10 of the contract labour (regulation & abolition) act, 1970, the displaced persons do not get any statutory right for absorption in regular service of their employment. ..... conditions :a) the management shall prepare a seniority list of clp workers concerned in this dispute who satisfy the minimum physical standards prescribed by the management in the recent notification for recruitment of mazdoors from open market and who have passed vth standard.b) 75% of the existing vacancies of mazdoors shall be reserved for absorption of the eligible clp workers from the above seniority list.c) if the above 75% is found inadequate for accommodating all the ..... they also challenge the award to the extent that the tribunal has restricted regularisation of clp workers to 75 per cent of the existing vacancies of mazdoors and prescribed a minimum academic qualification of a pass in the vth standard for such regularisation. ..... ramesh babu, the court was considering a case of appointment to cooperative societies and land development bank constituted and registered in the state of tamil nadu. ..... societies : (2004)iiillj780sc , state of maharashtra and anr. v. r.s. ..... the contention of shri thampan thomas based on the report of the sub committee for scheduled casts & scheduled tribes, i feel, cannot advance his case. ..... industrial tribunal 1949 llj 245 at 256 federal court, wherein mahajan j. .....

Sebastian K. Antony Kavumbhagom Vs. Manager, St.Albert's College, Erna ...

Court : Kerala

Reported in : 2012(2)KLT133(SN)(C.No.129)

..... 02-01-2009 the manager of the college sent a letter to the petitioner stating that he considered the enquiry report dated 27-12-2008 submitted by the enquiry officer and he concur res with the finding of the enquiry officer and after considering the record of enquiry and the findings of the enquiry officer he proposes to impose the penalty of dismissal from service specified as item (vii) of statute 73 in chapter 45 part d of the mahatma gandhi university ..... the specific provision is necessary to enable the enquiry officer to hold whether the act complained of constitutes misconduct within the meaning of the standing orders, rules and regulations for which the charge sheet is issued and whether the charge sheet is a valid and proper one. ..... eventhough as per the nomenclature laid down by the high court, a petition to the high court under sub-section 9 of section 63 of the university act is to be numbered as a civil revision petition, the statutory provision already adverted to above mentions only of ..... bank of maharashtra - 1997(1)lln 670 (bom); central bank of ..... (iii) since it is the right of the employee to have the report to defend himself effectively and he would not know in advance whether the report is in his favour or against him, it will not be proper to construe his failure to ask for the report, as the waiver of ..... of enquiry cannot be restricted to the place of ..... the industrial and labour laws restrict the unfettered power of the master to determine the employment of .....

Managing Director Vs. R.Chandra Babu and Another

Court : Kerala

..... the misconducts alleged being "gross misconduct" as defined under the bipartite settlement, regulating the conditions of service of the employees of the management-bank; the penalty of discharge from service was perfectly in order and in accordance with the terms of the settlement.9. ..... aravindan [2008 (4) klt957 have been relied on to contend that the amounts already paid under section 17b of the id act cannot be asked to be refunded, even if the court eventually finds the workman not entitled to be reinstated. ..... with respect to the claim that the petitioner wp(c).no.18672 of 2010-h - 5 - does not belong to the scheduled tribe, the workman accuses the management-bank for having slept over the matter and allowed him to continue on a declaration made by him, without making any enquiries thereon and eventually discharging him from service for reason of his caste status being under a cloud. ..... state of maharashtra [(2012) 1 scc549 and kavita solunke v. ..... state of maharashtra [(2012) 8 scc430 to contend that these were all instances, where the unexplained delay in initiating proceedings; for upsetting the caste status of an employee, weighed with the courts in allowing the various petitioners therein to continue ..... state of maharashtra [1999-iii-llj (supp) 1392], prakash v. ..... there, the petitioner had claimed to be belonging to 'halba-koshti' community, which was treated as 'halba' till the judgment of the supreme court in state of maharashtra v. .....