Court : Karnataka
Reported in : 2008(6)AIRKarR111(DB)
..... further submitted on behalf of the respondent that the petitioner had not produced any material to show that it had made an application to obtain a license under section 22 of the banking regulation act, 1949 from the rbi to establish and run the banking business in india and that the stand of the petitioner that it was merely a successor to the bank of tokyo and entitled, to use ..... approvals and sanctions granted by the rbi and roc in the year 1996 and in the year 2004 under the reserve bank: of india act, 1934, banking regulations act, 1949 and companies act, 1956, the approvals and sanctions were granted on the footing that the merger of the bank of tokyo with the bank of mitsubishi ..... . the merger or consolidation among the financial institutions shall become in effect upon the registration of change resulting from merger in the commercial register of the surviving financial institution or the registration of incorporation of the new financial institution resulting from the consolidation in the commercial registrar at the seat of the principal office registered or otherwise the principal place ..... , commenced its banking operations at bombay after obtaining license from the reserve bank of india ('rbi', for short) as per exhibits-b ..... . if the place of business in bombay, it shall also deposit with the rbi an amount calculated at 20% at its profits in accordance with profit ..... , to open a branch at bombay subject to the conditions mentioned in the letter dated 8th may 1953 addressed by .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR352; 1991(1)KarLJ240
..... , sick or incurable, or for the care and training of the blind, deaf, mute or otherwise disabled mothers or infants or school children; (2) the organisation, maintenance or management of maternity and infant-welfare homes or centres; (3) the provision of milk to expectant or nursing mothers or infants or school children; (4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of diseases or for research ..... be specified in the notification- (i) the powers and functions of the corporation or a standing committee thereof under the city of bangalore municipal corporation act, 1949, shall be exercised and discharged by the authority; and (ii) the powers and functions of the commissioner of the corporation under the said act shall be exercised and discharged by the chairman: provided that the corporation shall be consulted before making such declaration if such area or part thereof ..... issued by the housing and urban development secretariat, dated 7-8-1989 published in the official gazette of 2-10-1989 that in exercise of the powers conferred by sub-section (1) of section 29 of the bangalore development authority act, 1976 (karnataka act 12 of 1976), the government of karnataka declares that in the areas specified in schedule-i, with effect from the date of publication of the notification in the official gazette and until the corporation takes over the ..... (sc) and state of bombay v. .....
Tag this Judgment!Court : Karnataka
Reported in : [1985]57CompCas668(Kar)
..... . in exercise of the powers conferred by section 21 of the banking regulation act, 1949, the reserve bank of india being satisfied that it is necessary and expedient in the public interest so to do, hereby direct that, with effect from the 15th march, 1976 : ..... act in its entirely does not apply to the nationalised banks since they acquire their corporate character not from any registration under the companies act, but they are established under the banking companies (acquisition and transfer of undertakings) acts, 1970 and 1980 ..... part xa was repealed by the banking companies act, 1949, which was later amended by the banking companies (amendment) act, 1950. ..... on a consideration of the diverse scope of the operation of the provision of these enactments, we are of the view that provisions of the banking regulation act, 1949, alone regulate the rate of interest on advances by nationalised banks and that there is no inconsistency between its provisions and the provisions of the usurious loans act.' 80 ..... western area, eastern area, southern area and northern area, there is a local board with head-quarters in bombay, calcutta, madras and new delhi, respectively. ..... on march 13, 1976, the reserve bank issued a further notification, the relevant portion of which runs as follows : central officedepartment of banking operations and development,bombay-1.telegrams :'reserve bank'bombay post box no ..... it reads : 'reserve bank of indiacentral officedepartment of banking operations & development, bombay-400001 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2003Kant118; ILR2002KAR4231
..... framed by this court is answered as hereunder :-- in support of the above substantial question of law, the learned counsel for defendants 1 and 11 submits that the case falls within section 17 sub-section (2) clause (11) of the registration act, 1908 and contended that the endorsement on the mortgage deed acknowledging the whole or any part of the mortgaged money in respect of the suit schedule mortgaged properties by executing receipt as per ex.ds for payment of money ..... the suit for redemption was filed but was dismissed under order 9, rule 8, cpc and the mortgagor brought a second suit for redemption contending that it was barred under order 9, rule 9, cpc and the bombay high court placing reliance upon its earlier decision in the case of ramchandra kolaji patil's case air 1920 bom 29 and the decision of the privy council in shankar bakshas case, 15 ia 66 : (15 cal ..... with the above said clause and as such the courts below have committed an error in law in holding that ex.d.3 is not a registered document and therefore the same is inadmissible under the provisions of the evidence act and not accepting the said documentary evidence by the courts below in answering the contentious issues against defendants 1 and 11 and in favour of the plaintiff suffers from error in law and therefore he would submit ..... . ramachandra pandu, air 1949 bom 226; (50 bom lr 45) has held that the provisions of order 22, rule 9 did not extinguish the right of redemption of mortgagor and a second suit for .....
Tag this Judgment!Court : Karnataka
Reported in : [2006]130CompCas705(Kar); ILR2006KAR255
..... after the making of an order under this section, every company in relation to which the order is made shall cause a certified copy thereof to be filed with the registrar for registration.if default is made in complying with this sub-section, the company, and every officer of the company who is in default, shall be punishable with file which may extend to ..... sanction the scheme of arrangement so as to be binding on all members, secured creditors, unsecured creditors of the petitioner-company, as well as on the petitioner-company and that by true construction of sections 391 to 394 of the companies act, the transferee company should also join in this petition and there should be meeting of the shareholders of the transferee company after obtaining directions from this court for convening the meeting as well as approving the ..... other controls the composition of its board of directors; or(b) that other-(i) where the first-mentioned company is an existing company in respect of which the holders of preference shares issued before the commencement of this act have the same voting rights in all respects as the holders of equity shares, exercises or controls more than half of the total voting power of such company;(ii) where the first-mentioned company is any other ..... the companies permit amalgamation while section 6(1)(m) of the banking companies regulation act, 1949 (for short 'banking regulation act') also permits the amalgamation. ..... relies upon the decision of the bombay high court in the case .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008NOC2790(FB); ILR2008(3)KAR2895; 2008(4)KarLJ593; 2008(4)KLJ593; 2008(5)AIRKarR261; AIR2008NOC2790(FB)
..... . the full bench of the gujarat high court in shri krishna ranganath's (supra) while dealing with the gujarat university act, 1949, observed as follows:in our view the act gives no power to the university to impose gujarati or hindi as the sole medium of instruction and examination or even as one of the media of instruction and examination on affiliated colleges or to prohibit the use of english as a medium of instruction and examination in ..... it is a society-registered under the karnataka societies registration act, 1960 on 15.11.1989. ..... if the medium of instruction in school is a language that is not spoken at home the problems of learning in an environment characterized by poverty are compounded, and the chances of dropout increase correspondingly ..... . if as ruled by the supreme court in bombay education society air 1954 sc 561, and in dav college air 1971 sc 1731 the state cannot compel the educational institution established by a linguistic minority to adopt a language prescribed by the government as medium of instruction and ..... . state of bombay air 1963 sc 540 ..... . bombay education society (supra) held as under:where, however, a minority like the anglo-indian community, which is based, 'inter alia', on religion and language, has the fundamental right to conserve its language, script and ..... the supreme court in the case of state of bombay v ..... . bombay education society : [1955]1scr568 in siddarajabhai sabbaj ..... they also took note of the judgments rendered in the state of bombay v .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1982KAR622; (1982)ILLJ268Kant
..... authority of law enacted by the legislature alone is bound to conform to the fundamental rights set out in part iii, but the state, when is chooses to function through a company registered under the companies act or a society registered under the societies registration act or through any other body, it is freed from the obligations to conform to the fundamental rights would tantamount to play hide and seek with the constitution. ..... is run by a society which is not a corporation created by a statute but is a society registered under the jammu & kashmir societies registration act, 1898 and it is, therefore, not an 'authority' within the meaning of art. ..... state was formed after statutory acquisition of a private company, the body held to be state was only a society registered under the societies registration act. ..... that as the petitioner held the lower post on permanent basis, if he had been reverted to the post of head store keeper, he would have been a workman as defined in the industrial disputes act and in which event, the services of the petitioner could not have been terminated without complying with the conditions set out in s. ..... respondents placed strong reliance on the judgment of the division bench of the bombay high court in the the case of manohar p. ..... are executed through government company bureaus, societies councils, institutes and homes. ..... case were rule 148(3) of the railway establishment code and rule 3 of the railway services (safeguarding of national security) rules, 1949. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant162; 1984(2)KarLJ218
..... recognition shall be under the management of a committee of persons or a society registered under either the societies registration act ..... .' applying this reasoning it requires to be held that there has been an in-built postulate and an implied admission flowing from the provisions of the act and the exemption granted thereunder, and section 110 of 1976 act that the educational institutions whether they were, receiving grant-in-aid from the government or not, they are similarly situated for the purpose of exemption from paying of property tax and ..... though their buildings were used exclusively for educational purposes, were deprived of the exemption from payment of property-tax on such buildings, which they enjoyed for over 16 years from 1949 to 1966 unless they also applied and took financial grant from the government under the grant-in-aid code. ..... .(c) places used for the charitable purpose of sheltering the destitute or animals and orphanages, homes and schools for the deaf and dumb asylum for the aged and fallen women and such similar institutions run purely on philanthropic lines ..... . 1860 or the bombay public trust act, 1,950 or any other act that may be specified by government, shall act in the capacity of trustees and shall be answerable for the maintenance of the institutions and the fulfillment of all the conditions of recognition and aid and for the observance of such rules as ..... , they relied on the following observation of the supreme court in the case of state of bombay v .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1973Kant145; AIR1973Mys145
..... the sub-registrar of bombay had jurisdiction to register the document under section 28 of the indian registration act of 1908 since some of the immovable properties covered by the deed were situated within his jurisdiction.what however was argued on behalf of the defendants who are appellants before us was that since ..... court, but the lower court however found that the fact that in a certain notification said to have been issued by the resident and crown representative, certain modifications had been made to the registration act of 1908 was not sufficient in the eye of law to take away the case from the operation of section 28 of the indian registration act of 1908. ..... be constructed on a certain notification said to have been issued in or about 1937 by the resident and crown representative who was in charge of the administration of the civil and military station that section 30 of the indian registration act. ..... exhibits p-1, p-2, p-3, p-5, p-29, p-30, p-31 and p-33 to which reference has already been made, clearly establish that at any rate till about the year 1949-50 defendant 2 acknowledged that sher ali sha and after his death kulsumbi and after the trust was constituted the trust in question were the successive landlords of item 1 of ..... evidence in this case to show that the character of possession of defendant 3 in any way altered even after 1949-50 during which year it is suggested that defendant 2 left bangalore for good. ..... p-33 dated 10-10-1949 are letters written by defendant .....
Tag this Judgment!Court : Karnataka
Reported in : [1975]45CompCas679(Kar)
..... a body created under the chartered accountants act, 1949 (hereinafter referred to as 'the act'). 2. ..... in the public interest that this court shall not extend the rule of estoppel in respect of a representation made or act performed or advice tendered by the council of the institute in relation to the professional conduct of the members of the ..... permission from the institute for his becoming the managing director of the company, if the institute has no objection for the registration of the company. ..... mukherjee the calcutta high court observed that the aim of the act was mainly to protect the public from 'unscrupulous, negligent or dishonest' chartered accountants who are entrusted with the safety of the ..... question, to my mind, depends upon the scheme of the act and the purpose for which the institute is constituted. ..... 3 further reiterated that the provisions of section 25 of the act are not attracted since the company does not indulge directly in performing any professional work, such as, audit, certification of accounts, income ..... your attention is also invited to section 2(2) of the said act and regulation 167 of the chartered accountants regulations as to what constitute practices ..... the opinion that the consultancy service offered by the directors of the company individually or through the company, in all respects relating to management, is part of the practice of a chartered accountant as described under section 2(2)(iv) of the act, and it would offend the provisions of section 25. .....
Tag this Judgment!