Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: drat allahabad Page 2 of about 22 results (0.536 seconds)

Rama Kant Upmanyu Vs. State Bank of India

Court : DRAT Allahabad

Reported in : II(2003)BC122

..... requirement to deposit "determined" amount while filing the appeal could arise only in appeal against the final orders and not in other appeals against order under section 19(6) of the act. mr. murari submitted that this judgment throws light on this subject. he further cited a decision of debt recovery appellate tribunal, mumbai in anil ..... parte final order if such defendants/defendant move an application for setting aside of such ex parte final order. there is no scope for application of section 21 of the act on such applications there. if the applicants succeed, the matter is over. but if they are not successful and their applications for review of the ..... is rejected and if against that order of rejection, the defendants/defendant may file appeal before the appellate tribunal. in my considered view, the provisions of section 21 of the act cannot be interpreted in such manner as are being contended by the respondent banks.17. in the instant case, as the appellant has deleted the relief- .....

State Bank of India Vs. Vidya Foundry and Engineering

Court : DRAT Allahabad

..... referred to (central bank of india v. ravindra), wherein it has been held that the r.b.i. directions have the statutory flavour and under section 46(4) of the banking regulation act, 1949, the contraventions of such directive are punishable. it is the contention of the learned advocate of the respondent that r.b.i. guidelines ..... are always being issued under the banking regulation act depending on the existing government policy. when a policy of the government was to rehabilitate the sick unit on some terms and conditions, the bank cannot refuse ..... committed error in construing r.b.i. guidelines as statutory right in flavour of the borrowers. his submission is that guidelines are issued under the banking regulation act time to time as per the financial policy of the government, but the same cannot have any statutory right. in reality his submission is that the rehabilitation .....

Canara Bank Vs. Tribeni Motors and ors.

Court : DRAT Allahabad

Reported in : 3(2006)BC120

..... cannot agree with the finding of the learned tribunal under the point no. 4.liability to the bank/financial institution comes within the definition of debt under section 2(g) of the act, if the collusion and fraud as alleged by the bank could have been established against defendant no. 8 also, then the claim of the bank becomes ..... in the case, the vital issue for the purpose of dismissal as recorded by the learned tribunal was the claim being barred by limitation as contemplated under section 17 of the limitation act.11. mr. g.c. mehrotra, learned counsel appearing for and on behalf of the appellant-bank has submitted that although fraud has been alleged in the ..... has also been decided against the appellant bank holding that defendant no. 8 being not borrower or guarantor does not come within the definition of debt under section 2(g) of the act and ultimately under the point no. 5 the claim has been recorded to be dismissed.9. before considering the submission of the learned counsel for all .....

Union Bank of India Vs. Associated Food Products Pvt.

Court : DRAT Allahabad

Reported in : 3(2006)BC115

..... the memo of appeal relates back to the date of filing of the appeal and as such no amendment comes in. however, a petition had been filed under section 5 of the limitation act, wherein it was stated that although the amendment petition was filed long back, but the same was taken up for hearing on 15th july, 2004 and as such ..... is calculated, the same cannot be as per agreed rate of interest, when the loan was taken, but could be as per discretion of the court/tribunal as contemplated under section 34 of cpc and as such his contention is that if the interest is found to be payable, then the same should be on the settled amount of rs. 9 ..... was made within the stipulated time.4. the respondents' side has first of all taken the preliminary objection that the appeal is not maintainable under the provisions of the rddbfi act as the recovery case was disposed of on the basis of the compromise between the parties and a compromise decree cannot be assailed of in the appeal. this submission was .....

State Bank of India Vs. Elcaps Capacitors Ltd. and ors.

Court : DRAT Allahabad

Reported in : II(2006)BC30

..... tribunal decided the said legal issue against the appellant and dismissal of proceeding was recorded and hence the present appeal.3. although it appears that the learned tribunal had considered section 149 of the c.p.c. and also a judgment of the apex court as but basic fundamentals have been erred by the tribunal in deciding the issue.4. ..... then although no objection was raised either by the appellant or from the defendants, the appellant thought it fit that it should pay the court fee as per the amended act itself and as such prayer was made so as already mentioned above as though petition filed on 28.7.2001. such petition was filed before the tribunal and as such ..... raised regarding deficit court fees and the suit proceeded as it was on the maximum court fees paid by the appellant as per the unamended m.p. court fees act and the suit was also transferred to the tribunal at the same stage and nowhere there was any objection regarding deficit court fees after the suit was revived before the .....

Satish Kumar Agarwal Vs. Bank of India and ors.

Court : DRAT Allahabad

Reported in : 3(2006)BC143

..... the documents are required to be sent to the handwriting expert or not or he himself can examine the documents of his own as contemplated under section 73 of the evidence act, 1872.6. there is feeble submissions by the learned advocate of the bank that the matter is being delayed as the suit was of 1995 ..... the matter but definitely this does not mean that the court has no power to compare the disputed signatures with admitted signatures, as such power is available under section 73 of the evidence act, 1872. in this connection, reference may be made to ajit savant majagavi v. state of karnataka , o. bharathan v. k. sudhakaran the present circumstances ..... the rejection of the prayer of comparison of signatures by handwriting expert is a matter rests solely on the discretionary power of adjudicating court. under section 73 of the evidence act, 1872 definitely the court has power to compare the documents regarding its genuineness and any expert's report remains only as an opinion and it is .....

Bank of Baroda Vs. Indochem and Varnish Industries

Court : DRAT Allahabad

Reported in : II(2006)BC56

..... division bench judgment of calcutta high court as united bank of india limited v. a.t. all hussain and company, wherein it has been held while interpreting section 72 of the contract act that even if on mistaken belief, cheque has been encashed, unless it could be shown that there was undue enrichment in favour of the party, recovery cannot ..... 4 who had parted with their products with the firm who had forged the draft and then such forgery had also been ended in conviction by appreciation of section 72 of the contract act. although it is stated in the bar that judgment in the criminal case reveal that the form of the demand draft was of state bank of india ..... has already been given by the learned presiding officer, drt, allahabad that the amount involved in the dispute is a debt as per definition of debt under section 2(g) of the act, but this amount cannot come within the purview of debt. but considering the factual aspect which is undisputed, it could be found that the demand draft amount .....

Kamal Kishore Gupta Vs. State Bank of India

Court : DRAT Allahabad

Reported in : II(2006)BC177

..... has also not considered the principle of natural justice in the circumstances of the present case and completely ignored his discretionary power as provided under section 29 of the rddbfi act, though bona fide intention of the auction purchaser is vital issue for consideration, while applying the discretionary power on the principle of natural ..... in the impugned appellate order, in the circumstances of the present case basing on the principle of natural justice and discretionary power as provided under section 19 of the rddbfi act.8. thus on the above discussions i find no error in the impugned judgment of the learned presiding officer, d.r.t., jabalpur. ..... very outset when the mandatory provisions have not been complied with. the feeble submission has been made that when some discretion is there under section 29 of the rddbfi act then such application filed belatedly without any deposit might be accepted by the recovery officer applying such discretion but such discretion even if applicable .....

Holkar Enterprises and ors. Vs. Oriental Bank of Commerce

Court : DRAT Allahabad

Reported in : I(2007)BC147

..... to consider any counter-claim or set-off claim. such observation of the tribunal was beyond the scope of the express and specific provision of the rddbfi act as provided under sections 19(8) to 19(11). when parties are present before the tribunal, then it was the bounden duty of the tribunal to give them opportunity of ..... the drt, jabalpur, where the same has been registered as t.a. no.1145/98. the learned presiding officer, drt, jabalpur as per provisions of section 31-a of the rddbfi act and the regulation framed for practising procedure of drt, proceeded with the case from the stage when it was transferred to the drt. from the records ..... while filing this appeal before this tribunal, the appellants had filed two petitions, one for condonation of delay as contemplated under section 5 of the limitation act and another for waiver of deposit as per section 21 of the rddbfi act. both those petitions were heard and disposed of in favour of the appellant vide order dated 15th december, 2004.4. .....

State Bank of India Vs. Van Pharma Laboratories

Court : DRAT Allahabad

..... principal borrowers and in that way exhibit no. p/7 ought not to have been rejected as not being maintained in regular course of business as admissible under section 34 of the evidence act, 1872 and also as per provision of banker's books evidence, 1891. his further contention is that the objection regarding opening balance has only been taken by the ..... as it is, then the same does not conform to the statement of accounts as maintained in regular course of the business admissible under section 34 of the evidence act, 1872 and the provision of banker's books evidence act, 1891 as contained in exhibit p/7 is not in conformity and as such it was held that the bank was not coming .....