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Judgment Search Results Home > Cases Phrase: banking regulation act 1949 section 45y power of central government to make rules for the preservation of records Page 1 of about 5 results (0.152 seconds)

Jan 30 2008 (HC)

Choudhry Traders Rep. by Its Proprietor, Mr. Ramdath Choudhry S/O Late ...

Court : Andhra Pradesh

Reported in : 2008(3)ALD670; 2008(4)ALT193

..... of india and all state governments and also manages their public debts. the bank regulates and supervises commercial banks and cooperative banks in the country. the bank exercises various powers and discharge various statutory functions under foreign exchange management act, 1999, banking regulation act, 1949, reserve bank of india act, 1934 etc.28. it is also stated that the bank issued guidelines dated 3rd september 2005 in exercise of the powers conferred under ..... the petitioners counsel placing reliance upon the judgments of the apex court, this court and andhra pradesh high court are not the guidelines issued in terms of section 21 of banking regulation act, 1949. the court has further observed as under:apart from the said undisputed facts, there is no existing legal right accrued in favour of the petitioners to demand the respondent nationalized .....

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Jan 18 1993 (HC)

K.T.S. (Singapore) Plc. Ltd. Vs. Associated Forest Products (Pvt.) Ltd ...

Court : Kolkata

Reported in : (1993)1CALLT382(HC),[1996]85CompCas190(Cal),1996(55)ECC12

..... to the united lubricants and industrial products. no permission or exemption general or special from the provision of section 9 of the foreign exchange regulation act, 1973, from the reserve bank of india was obtained in connection with the said document dated may 24, 1989. the said document and/or the agreement purported to be ..... the debt is not presently payable having not produced any document before this court to show that it made an application before the reserve bank of india under the foreign exchange regulation act for the remittance of the commission payable to the petitioning creditor, under the said contract between the parties, which is admitted. it ..... if the agreement between the petitioning creditor and the company did not explicitly provide for the obtaining of the permission from the reserve bank, section 47(2) of the foreign exchange regulation act provides that every contract governed by the laws of india would have an implied term to the effect that anything agreed to .....

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Mar 26 1993 (HC)

State Bank of Hyderabad and Etc. Etc. Vs. Advath Sakru and Another Etc ...

Court : Andhra Pradesh

Reported in : AIR1994AP170; 1993(1)ALT608

..... there is any conflict between section 34 and rule 11 of order 34 or not. the court had to consider also the applicability of section 21-a of banking regulation act, 1949 to the transactions in question. while dealing with the same, the learned judges stated as follows (para 8.7 of air):'therefore, it follows that in the ..... said provision could never have been in doubt.'11. no arguments are advanced before us also with regard to the constitutional validity of section 21-a of the banking regulation act, 1949.12. now we proceed to deal with the points referred to us.13. sri v.l.n.g.k. murthy, learned counsel appearing for the appellant in ..... questions raised by them. that is how these matters came up before us.the questions referred to the full bench are:1. whether section 21-a of the banking regulation act, 1949 applies to transactions which were entered into prior to its commencement, even though suits were instituted subsequent thereto? 2. whether it applies only to transactions entered into .....

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Mar 19 1982 (HC)

Nagavarapu Krishna Prasad and anr. Vs. Andhra Bank Ltd.

Court : Andhra Pradesh

Reported in : [1983]53CompCas73(AP)

..... when the company was nationalised under the ordinance of 1980, the predominant and paramount object of the company, was banking business and the company was banking company, as defined by the provisions of the banking (regulation) act, 1949. the result of the ordinance was that from april 15, 1980, the company was entitled only to a payment ..... thereto. though the memorandum of association also contains several objects unconnected with the banking business, the company has been carrying on the business of banking only. after the coming into force of the banking regulation act, 1949, under s. 6 of the said act, it was permitted only to engage in any one or more of the ..... may make an order to that effect. in this case, andhra bank ltd., was incorporated in 1923. it has been carrying on only banking business and other business permitted under s. 6(1) of the banking regulation act, 1949, till today. under the acquisition act, substantial compensation of 610 lakhs has been paid to the company. as .....

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Aug 16 1995 (HC)

Subramanya Vs. Chairman and Managing Director

Court : Karnataka

Reported in : ILR1995KAR3434

..... of whatever gravity, can be removed from service. does that mean that in the absence of such a regulation it is impossible for the bank to remove an employee from service simply because such an act is not specifically enumerated as one that can result in the removal of the employee from service. suffice it ..... basis for disciplinary proceedings and eventual removal of the employee concerned. does that mean that the framers of the regulations never intended to make these serious acts were never intended to provide a justification for the bank to remove the employee from the service? my answer clearly is in the negative. it is inconceivable that ..... enumerate nor do they purport to identify let alone exhaustively so all such acts as would amount to misconduct. the term misconduct has not been given any precise definition by the conduct regulations, or the discipline and appeal regulations of the bank which regulate the procedure for the conduct of disciplinary enquiries against the employees; the .....

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Dec 10 1963 (HC)

Hans George Vs. State

Court : Mumbai

Reported in : AIR1964Bom274; (1964)66BOMLR262; 1964CriLJ650; ILR1964Bom319; 1964MhLJ441

..... and resided in the secret drawer of an executive. the appellant has been charged under section 8(1) of the foreign exchange regulation act read with the notification of the reserve bank dated the 8th of november 1962 and it must be remembered that the offence is punishable with imprisonment for a period of two years ..... aptly to the case before us. as stated earlier, there is no provision either in the foreign exchange regulation act or in the reserve bank of india act prescribing the mode by which a permission granted by the reserve bank shall be published or promulgated.34. mr. sorabjee has drawn our attention to a large number of decisions ..... in question is issued by a corporation, namely, the reserve bank, and neither the reserve bank of india act (act no. 11 of 1934) under which the reserve bank was incorporated, nor section 8 of foreign ex-change regulation act, which contemplates the grant of permission by the reserve bank for import or export of bullion, and currency, contains any .....

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Oct 31 1995 (HC)

Veeramachaneni Subba Rao (Died) and ors. Vs. Indian Bank, Rep. by the ...

Court : Andhra Pradesh

Reported in : 1997(4)ALT112

..... appellant-defendant is not entitled to claim benefit under section 4(c) and (e) of the m.a.r., act and by virtue of section 21a of the banking regulation act, 1949 the transaction between the appellant-defendant and the respondent-bank under the usurious loans act cannot be opened. therefore, the contention of the learned counsel of the appellant-defendant cannot be accepted that the amount ..... of interest on amount borrowed by the respondent-bank is usurious or exorbitant and it cannot be recovered by the respondent .....

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Oct 03 2002 (HC)

The Vaish Co-operative Adarsh Bank Ltd. Vs. the Delhi Co-operative Tri ...

Court : Delhi

Reported in : 100(2002)DLT485

..... press now to take a contrary view on the same subject'.5. the main challenge through this petition is that in view of section 21 of the banking regulations act, 1949, the arbitrator and the tribunal have no jurisdiction to re-open the two loan accounts of 1971 and 1972 on the ground that the rate of ..... normal rate of 12% is vocative of the provisions of section 5a of the banking regulations act, 1949. section 5a provides as under:'5-a. act to override memorandum, articles, etc. - save as otherwise expressly provided in this act - (a) the provisions of this act shall have effect notwithstanding anything to the contrary contained in the memorandum or articles of ..... re-opened in view of provisions of section 21-a of the banking regulation act, 1949. section 21-a of the act provides as under:'21-a. rates of interest charged by banking companies not to be subject to scrutiny by courts. - notwithstanding anything contained in the usurious loans act, 1918 (10 of 1918), or any other law relating to .....

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Jan 28 2015 (SC)

Keshavlal Khemchand and Sons Pvt Ltd and Ors Vs. Union of India and Or ...

Court : Supreme Court of India

..... body to which the responsibility of monitoring the economic system of the country is entrusted under various enactments like the rbi act, 1934, the banking regulation act, 1949. various banks like the state bank of india, national housing bank, which are though bodies created under different laws of parliament enjoying a large amount of autonomy, are still ..... (b) the high court took note of the fact that the reserve bank of india in exercise of the statutory authority under section 21 and section 35a of the banking regulation act, 1949 prescribes norms for the various aspects of banking specified under the act. (c) the high court held that the parliament, while defining a ..... liquidator of aps star industries limited & others, (2010) 10 scc1 and this court held that the reserve bank did have such authority by virtue of sections 21 and 35-a of the banking regulation act, 1949[22]..52. the question is whether in making such a prescription, the parliament has delegated any essential legislative .....

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Feb 07 1966 (HC)

Shaik Md. Omer Vs. the Collector of Customs and ors.

Court : Kolkata

Reported in : AIR1967Cal16

..... of gold and silver and it has been issued under section 8(1) of the foreign exchange regulation act, 1947. the effect of this notification, inter alia, is that except with the general or special permission of the reserve bank, no person shall bring or send into india any gold, coin, gold bullion, gold sheets ..... mayer hans george : [1965]1scr123 the court was considering section 8(1) of the foreign exchange regulation act 1947 which prohibited the bringing of gold etc. into india except with a special or general permission of the reserve bank and after satisfying the conditions if any prescribed therefor.20. in exercise of the powers conferred by ..... 1962 sc 1569, the supreme court was consideringsection 8 of the foreign exchange regulation act 1947 read with sections 23 and 23a and section 167(8) of the sea customs act, 1878 which involved confiscation of gold imported without the permission of the reserve bank, or without conforming with the restrictions imposed by it. gajendragadkar j. (as .....

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