Judgment Search Results Home > Cases Phrase: banking regulation amendment act 2007 section 4 repeal and saving Page 3 of about 6,306 results (0.342 seconds)

M/S Krishna Trading Company Vs. Vyavisayik Evam Audhyogic Sahakari Ban ...

Court : Madhya Pradesh

..... the meaning of banking company . under section 5(c ..... the cooperative banks under the discipline of reserve bank of india and other authorities. a cooperative bank shall be construed as a banking company in terms of section 56 of the act. this is because the various provisions for regulating the banking companies were to be made applicable to cooperative banks also. accordingly, section 56 brought cooperative banks within the machinery of the br act but did not amend or expand .....

Andhra Bank Vs. Inturi Narayana and ors.

Court : Andhra Pradesh

Reported in : 1997(6)ALT392

..... due to banks. a full bench of this court in state bank of hyderabad v. advath sakru, 1993 (1) an.w.r. 380 .considered this question elaborately and ..... of interest only. while decreeing the suit, the trial court scaled down the interest as per act iv of 1938 on the ground that the defendants are agriculturists. it is the settled position that after the introduction of section 21-a in the banking regulation act, 1949 by amending act 1 of 1984 courts have no power to scale down the interest in respect of debts .....

United Bank of India Vs. B.T.W. Industries

Court : Kolkata

Reported in : (2001)1CALLT377(HC),[2002]108CompCas624(Cal)

..... charge compound interest with quarterly rests on agricultural advances.'22. we are in respectful agreement with the above interpretation placed on section 21-a of the banking regulation act. we must, however, clarify that we should not be understood to be expressing any opinion whatsoever on the. question whether section 21-a would ..... . the courts, in other words, cannot exercise jurisdiction under the usurious loans act or any other law relating to indebtedness for the purpose of giving relief to any party. this appears to be the intent of the legislature in enacting the banking laws (amendment) act, 1983.section 21-a has, however, no bearing on the jurisdiction of ..... courts to give relief to an aggrieved part when it is established that the bank in a particular case has charged interest in excess of the limit prescribed by .....

Federal Bank Ltd. Vs. State of Kerala

Court : Kerala

Reported in : I(2004)BC378; 2003(2)KLT347; [2003]45SCL555(Ker); [2004]134STC377(Ker)

..... registered, executed or passed, as the case may be, before or after the commencement of the banking companies (amendment) act, 1959. section 6 of the banking regulation act deals with the business which can be carried on by banking companies. it provides that in addition to the business of banking, a banking company may engage in any one or more of the following forms of business, i.e. clause ..... they will pursue the matter before the authorities under the act and, therefore, even without the amendment the appellants are liable to be proceeded under the act. the special government pleader also took us to the provisions of sections 6 and 8 of the banking regulation act and submitted that the said provisions clearly enabled the banks in conducting the business of sale of pledged articles apart .....

Shri Vijay C. Puljal Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(5)BomCR481; (2005)107BOMLR983; [2005]128CompCas196(Bom); 2005(4)CTC705; 2005(4)MhLj5; [2005]64SCL589(Bom)

..... main business of the petitioners before the court was of accepting deposits, advancing monies to the public and to those in trade and in industry. 'banking' in the banking regulation act, 1949 is defined to mean the accepting of deposits for the purposes of lending or investment of deposits of money from the public repayable on ..... a co-operative society owned or controlled by any state government or the central government or a banking company as defined under clause (c ) of section 5 of the banking regulation act, 1949 (10 of 1949)'.section 3 of the act creates an offence in respect of a fraudulent default in the repayment of a deposit on ..... , 58aa and 58aaa of the companies act, 1956 to regulate the repayment of deposits, empower the company law board to direct repayment and constitute offences out of non compliance. parliament similarly amended the reserve bank of india act, 1934 to incorporate provisions in chapter iii-b in relation to non-banking financial companies and in chapter iii-c .....

Nagpur District Central Co-operative Bank Ltd. and anr. Vs. Divisional ...

Court : Mumbai

Reported in : AIR1971Bom365

..... of the banking corporations generally. an act known as the reserve bank of india act, 1934 was also passed by the central legislature. the banking regulation act was further amended in the year 1965 by act no. 23 of 1965, called the banking laws (application to co-operative societies) act, 1965 by which amendments were made to the reserve bank of india act, 1934 and the banking regulation act, 1949 for the purposes of regulating the banking business of ..... -laws, agreement or resolution aforesaid shall to the extent to which it is repugnant to the provision of this part become or be void as the case may be. the banking regulation act, as amended, in general provided for the minimum paid up capital and reserves, cash reserve, for obtaining the licences, for permission to open new places of business or change the location .....

Co-operative Bank Employees' Union Vs. Bharat Co-operative Bank Ltd. a ...

Court : Mumbai

Reported in : [2005(106)FLR52]

..... in relation to any industrial dispute concerning such industry is the appropriate government under that act.the banking regulation act came to be amended with effect from 1.3.1966 by act of 1965. by that amendment, several amendments, including part v were introduced in the act. the definition of banking company was not amended but by an amendment to section 5, section 5(oci) was introduced to define a co-operative ..... that, section 5 of the banking regulation act has been amended by the amendment act 23 of 1965. the definition of co-operative bank has been introduced by section 5(cci) to mean a state co-operative bank or central cooperative bank and a primary co-operative bank. by virtue of section 3 of the banking regulation act again introduced by act 23 of 1965, nothing in the act will apply amongst others to a .....

Jayant Verma . Vs. Union of India

Court : Supreme Court of India

..... the constitution of india, assails the constitutional validity of section 21a of the banking regulation act, 1949. the aforesaid section was introduced into the banking regulation act by the banking laws (amendment) act of 1983 with effect from 1 15.2.1984. section 21a of the banking regulation act reads as under: 21a. rates of interest charged by banking companies not to be subject to scrutiny by courts notwithstanding anything contained in the ..... legislative measure may be lost for mere technicality. (at pages 31-32) v. cit (emphasis supplied) 11. this brings us to the sweep of the banking regulation act, and to whether the said act, which includes by way of amendment section 21a, can be said 30 to fall within entry 45, list i of the seventh schedule to the constitution. the relevant provisions of the .....

Corporation Bank Vs. D.S. Gowda and anr.

Court : Supreme Court of India

Reported in : II(1994)BC613(SC); [1994]81CompCas842(SC); JT1994(7)SC87; 1994(3)SCALE46; (1994)5SCC213; [1994]Supp1SCR170

..... to? the division bench thereafter examined the provisions of the reserve bank of india act, 1934, the banking regulation act, 1949 and the banking companies (acquisition and transfer of undertakings) act, 1970 as amended from time to time and noticed the various directives/circulars issued by the reserve bank in exercise of power conferred by section 21 of the banking regulation act, 1949 and concluded as under:it is thus clear that ..... yes, to what extent?3. whether in view of the insertion of section 21a in the banking regulation act, 1949 by banking loans (amendment) act, 1983 (act no. 1 of 1984), courts are precluded from the subjecting transactions entered into between banks and borrowers from scrutiny under the provisions of the usurious loans act, 1918 or any other similar state law, with a view to giving relief thereunder, and .....

Central Bank of India Vs. Popuri Sarangaiah and ors.

Court : Andhra Pradesh

Reported in : 1991(1)ALT455; [1992]75CompCas493(AP)

..... appeals are : [1] whether the provisions of the usurious loans act, 1918 [hereinafter referred to as 'the act'], overrides the provisions of section 21a of the banking regulation act [10 of 1949] [as inserted by the banking laws amendment act, 1983 (1 of 1984] [hereinafter referred to as 'the banking regulation act']; [2] whether the provisions of section 21a of the banking regulation act have retrospective operation; and [3] to what relief 16. point ..... para 11 [1989] 1 aplj 419; [1988] 63 comp cas 405 [ap] observed as follows (page 417 of 63 comp cas) : 'the question next arises whether section 21a of the banking regulation act, 1949, introduced by the banking laws [amendment] act, 1983, with effect from june 21, 1984, applies to the present case. section 21a expressly seeks to override not only the usurious loans .....