Judgment Search Results Home > Cases Phrase: banking regulation amendment act 2007 section 4 repeal and saving Court: guwahati Page 1 of about 29 results (0.232 seconds)

Manoj Chakraborty and anr. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... bank (amendment act, 1989) (hereinafter referred to as the amendment 'act') has been exercised purportedly on the circumstances comprehended under section 13(d) of the deposit insurance and credit guarantee corporation act, 1961 (hereinafter referred to as the deposit 'act'), the procedure prescribed for an inspection before winding up of the bank as envisaged under section 35 of the banking regulation act ..... , 1949 (hereinafter referred to as the 1949 act ..... and liquid assets, required to be maintained under sections 18 and 24 of the banking regulation act, 1949 (as applicable to co-operative societies) almost throughout the period covered by .....

Paresh Chandra Banik Vs. State Bank of India and anr.

Court : Guwahati

..... not to be subject to scrutiny by the courts. this provision is incorporated in section 21a of the banking regulation act, 1949 act which was inserted by banking law (amendment) act, 1984. the case cited by mr. chakraborty was instituted prior to the aforesaid amendment. it is not for the court to change the rate of interest when the parties agree to ..... it and the interest claimed by the bank is not to be reopened on the ground that the rate of interest charged by the bank ..... in the custody of the defendant no. 2 the present appellant. the defendant no. 2 with a view to obtain clearance certificate under motor vehicles act requested the bank to issue a clearance certificate in his favour and for that purpose he also deposited some amount but he also failed to liquidate the entire outstanding dues .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... -section (1) of section 156 of the banking regulation act. in some cases there may be necessity either of set off/claim and that aspect of the matter was never taken care of at the time of enacting the legislation and when this was brought to the notice of the legislature, the legislature wanted to amend the law for that reasons the bill as ..... ' shall have the meaning assigned to it in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949).-' 15. clause (c) of section 5 of the banking' regulation act, 1949, defines the expression 'banking company' as follows : ''banking company' means any company which transacts the business of banking in india. explanation.--any company which is engaged in the manufacture of goods or carries on any .....

Sailendra Nath Kakati Vs. Uco Bank, to Be Represented by General Manag ...

Court : Guwahati

..... been transferred from itanagar branch without the concurrence / prior approval from the regional office jorhat and thus sri sailendranath kakati had acted in a manner unbecoming of a bank officer which is violative of regulation 3 of uco bank officer employees (conduct) regulation 1976 as amended. 4. sri sailendranath kakati while functioning as asstt. manager at mangaldoi branch and looking after the advance portfolios had processed ..... 16-09-2005 to 18-10-2005. thus sri sailendranath kakati had acted in a manner that has tamished the image of the bank before the public. he had committed breach of faith in performance of his duties which is violative of regulation 3 of uco bank officer employees (conduct) regulation 1976 as amended. 17. while charge no.1 relates to sanctioning and disbursement of four .....

Sri. Jogendra Nama and ors. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... law relating to banking. section 6 of this act enumerates the forms of business in which banking companies may engage. sub-section (l)(a) includes 'the borrowing, raising, or taking up of money ..... to the bank. so acommercial bank must at the same timeremain liquid and have sufficient volume ofbusiness to utilise its deposits. the lower is the cash reserve the lower is the cost ofmaintaining liquidity. thus, there is constantcompetition for usual types of business.16. the above principles of commercial banking have been embodied in the banking regulation act, 1949 which is an act to consolidate and amend the .....

Syed Abdur Rahman Vs. Tripura Modern Bank Limited (In Liquidation)

Court : Guwahati

..... for decision in this case are as follows: the decree-holder is the tripura modern bank ltd. (in liquidation). the calcutta high court made an order under the provisions of the banking regulation act, 1949 (act x of 1949) (as amended), hereinafter called ' the banking act ', and sent a precept under section 46 of the code of civil procedure to ..... entertain the application filed on 20th july, 1967, not only under the proviso to section 46, civil procedure code, but also under section 45t(2) of the banking act read with the relevant provisions under the civil procedure code. the objection which has assumed a different form in the high court was not even specifically taken before the ..... to another. this normal procedure of transfer laid down under the code is dispensed with by the special provision made under section 45t(2) of the banking act. thus, without making any application for transfer of the decree and obtaining orders of transfer from the original court, the liquidator, as decree-holder, .....

Sunil Deb Vs. State of Tripura and ors.

Court : Guwahati

..... inhabitants of any village or town;' 8. the paragraph 12aa under the sixth schedule of the constitution of india, was initially inserted by the constitution (forty-ninth amendment) act, 1984 (with effect from 1.4,1985). in that provision it was prescribed that the provision of any law made by the district council or the regional ..... or possessory right.15. having regard to the aforesaid discussion, i am of the considered opinion, that the adc has been vested with the legislative power to regulate the occupation or use of any land putting any reasonable restriction required for the better, effective and fruitful utilisation thereof for the purpose of agricultural, residential, grazing ..... is done with the previous written permission of the collector concerned, or such transfer is by way of mortagage to a co-operative society or to a bank or to the central or the state government or to tripura housing board or other financial institutions or corporation as may be notified by the state government .....

Dharmpal Satyapal Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... gone through the impugned order dated 6.6.2003 in which the factual aspect of the matter as well as the legal position pursuant to the amendment brought by the finance act, 2003 have been elaborately discussed. same is the case in respect of other such orders involved in the other three writ petitions. the petitioners have ..... 2003) 5 scc 413, the apex court held that the directions or instructions issued cannot supersede the statutory provisions contained either in the main enactment or the statutory regulations.19. the appellate authority in its impugned order dated 31.3.2004 arrived at a finding that the petitioners do not have any strong prima facie case on ..... made by the learned counsel for the respondents expressing agreement for acceptance of 50% of the amount in question and even 25% of the same by way of bank guarantee will have to be understood and considered. however, the concession shown by the respondents having not been accepted by the petitioners, there is no question of .....

Maruti Tea Industries Vs. Assam State Electricity Board and ors.

Court : Guwahati

..... for consideration in quarry stone association (supra) was whether the delegation of power to the state government under section 15 of the mines and minerals (regulation and development) act, 1957, was unfettered to render it invalid. while answering the question in the negative in the contextual facts, the apex court also took note of ..... standing counsel argued that on a proper interpretation of clause 27(ii), the requirement of prior notice cannot be construed to be mandatory and, therefore, the impugned amendment and the consequential assessment bill are inassailable. he relied on the following decisions of the apex court in hc suman and anr. v. rehabilitation employee' co ..... is permissible to supply the same to make it meaningful as well as to advance the underlying intention of the legislature.15. the apex court in state bank of patiala and others (supra) dealing with a disciplinary proceeding held that in case of a procedural provision which is not of mandatory character, the complain .....

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... 151, the supreme court had an occasion to interpret the word 'whoever', appearing in sub-section (1) of section 23 of the foreign exchange regulation act, 1947, before its amendment by act xxxix of 1957 inasmuch as the question, raised in rai bahadur seth shreeram durgaprasad (supra), was as to whether the word 'whoever', which appeared ..... merely because prosecution is in respect of offences for which punishment prescribed is mandatory imprisonment. it was, therefore, held by the majority, in standard chartered bank (supra), that when mandatory imprisonment and fine are provided, it is permissible to impose fine only and a corporate body can be prosecuted for an ..... where the offence is punishable with mandatory sentence of imprisonment coupled with fine, whether a company's prosecution is possible? it was contended, in standard chartered bank (supra), that a company, in such a case, cannot be prosecuted as the sentence of imprisonment cannot be enforced against a company. in short, thus, .....