Array ( [0] => ..... 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- ..... [1] => ..... which were hypothecated with the respondent-bank got converted into a pledge. according to him when the upfc took over the appellant-first defendant-company under section 29 of the upfc act, the respondent-bank had taken possession of all the raw materials, etc., but had not taken steps to sell them nor has it accounted for ..... -finished and finished goods, raw materials and goods in process. the appellants-defendants claim that the appellant-first defendant-company was surreptitiously taken possession under section 29 of the upfc act and was sold, and at that time the respondent-bank took over the unfixed assets, which were pledged and hypothecated with the respondent-bank. the ..... of the bank and the uttar pradesh financial corporation (hereinafter referred to as "upfc") resulted in an acute crisis. the company was taken over under section 29 of the upfc act and was sold away for a throw away price. at the time of the aforesaid seizure, the respondent-bank took over the entire unfixed assets, ..... [2] => ..... 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 ..... [3] => ..... 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 ..... [4] => ..... memorandum of association either of a company or of a co-operative society can be used for the purpose of considering the acknowledgement/admission as per section 19 of the limitation act, 1963. but then the question comes in whether copies of the balance sheets if not being pleaded properly nor being given chance to the adverse ..... agent duly authorized to borrow and also passed by general meeting amounts to an acknowledgement as per section 19 of the limitation act, 1963. there is no doubt about the legal provisions that if a proper balance sheet is there being passed after doing all formalities as per ..... . 341 (v 45 c 99) and submitted that debts due to creditors if mentioned in the balance sheets amounts to an acknowledgement within the provisions of section 19 of the limitation act, 1963. he has further referred to bengal silk mills co. v. ismail golam hossain ariff wherein it has been held that balance sheets signed by managing ..... [5] => ..... 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 ..... [6] => ..... reducing the interest from the bank interest to that of the simple interest up to the date of filing of the suit, when his jurisdiction is debarred under section 21a of the banking regulation act, 1949, then the jurisdiction of the court remains discretionary regarding imposition of interest with regard to pendente lite and future interest alone. the second point urged is ..... mr. v. d. chauhan, learned counsel for the respondent could not give any plausible reply and perhaps he has no reply also in view of the provision of section 21a of the banking regulation act, 1949. from the impugned judgment i could not find any plausible reason in reducing the claim from rs. 34 lakhs and odd to rs. 27 lakhs and ..... [7] => ..... procedural matters for getting fruitful speedy remedy basing on natural justice. some provisions of c.p.c. have been made to apply as provided under section 22(2) of the act. under sub-section (1) of section 22 it has been provided that the tribunal and appellate tribunal shall not be bound by the procedure laid--down by the c.p.c., ..... mr. a.k. chatterjee, senior advocate to the effect that an appeal against an interlocutory order should be construed as an appeal under section 17(2) of the act and not under section 20 of the act and under section 17(2) there is nothing mentioned about the fees to be paid in respect to any order passed by the tribunal before the ..... orders. so this first point shall be dependent on the decision in the subsequent point raised. (vii) on the second point it is there under sub-section (3) of the section 20 of the act that for the purpose of entertaining an appeal, prescribed fees shall have to be paid. now it is to be seen whether really prescription is there ..... [8] => ..... 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 ..... [9] => ..... to find out as to how much claim of. the appellant can be entertained to be proved and then consider future and pendente lite interest as per section 19(20) of the rddbfi act. considering the above points, the discussions made by this tribunal shall also be construed and also opportunity should be given to both the parties to adduce further ..... by filing a written statement taking various pleas as had been taken for the other case by the guarantors and not being reiterated again. on establishment of tribunal under the act the case was transferred to the drt, allahabad and was registered as t.a. no. 24/01. after giving due notice to all the parties, the proceeding continued ..... such the guarantee ended by the expiry of licence.while the suit was proceeding in the civil court, tribunal was set up as per the provisions of the rddbfi act, 1993 and the suit has been transferred to the drt, allahabad and then after due notice to the parties, the proceeding continued and ended in dismissal.on 4th may ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Drat Allahabad - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: drat allahabad Page 1 of about 22 results (0.474 seconds)

Oct 25 2002 (TRI)

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- .....

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Mar 24 2004 (TRI)

Hyper Chemicals and Cosmetics P. Vs. State Bank of Patiala

Court : DRAT Allahabad

Reported in : IV(2005)BC177

..... which were hypothecated with the respondent-bank got converted into a pledge. according to him when the upfc took over the appellant-first defendant-company under section 29 of the upfc act, the respondent-bank had taken possession of all the raw materials, etc., but had not taken steps to sell them nor has it accounted for ..... -finished and finished goods, raw materials and goods in process. the appellants-defendants claim that the appellant-first defendant-company was surreptitiously taken possession under section 29 of the upfc act and was sold, and at that time the respondent-bank took over the unfixed assets, which were pledged and hypothecated with the respondent-bank. the ..... of the bank and the uttar pradesh financial corporation (hereinafter referred to as "upfc") resulted in an acute crisis. the company was taken over under section 29 of the upfc act and was sold away for a throw away price. at the time of the aforesaid seizure, the respondent-bank took over the entire unfixed assets, .....

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Jul 20 2004 (TRI)

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 .....

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Dec 15 2004 (TRI)

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 .....

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Dec 15 2004 (TRI)

industrial Development Bank of Vs. Malwa Sahkari Shakkar Karkhana

Court : DRAT Allahabad

Reported in : III(2006)BC54

..... memorandum of association either of a company or of a co-operative society can be used for the purpose of considering the acknowledgement/admission as per section 19 of the limitation act, 1963. but then the question comes in whether copies of the balance sheets if not being pleaded properly nor being given chance to the adverse ..... agent duly authorized to borrow and also passed by general meeting amounts to an acknowledgement as per section 19 of the limitation act, 1963. there is no doubt about the legal provisions that if a proper balance sheet is there being passed after doing all formalities as per ..... . 341 (v 45 c 99) and submitted that debts due to creditors if mentioned in the balance sheets amounts to an acknowledgement within the provisions of section 19 of the limitation act, 1963. he has further referred to bengal silk mills co. v. ismail golam hossain ariff wherein it has been held that balance sheets signed by managing .....

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Dec 23 2004 (TRI)

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 .....

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May 05 2005 (TRI)

State Bank of India Vs. Vishnu Steel Re-rolling Mills

Court : DRAT Allahabad

..... reducing the interest from the bank interest to that of the simple interest up to the date of filing of the suit, when his jurisdiction is debarred under section 21a of the banking regulation act, 1949, then the jurisdiction of the court remains discretionary regarding imposition of interest with regard to pendente lite and future interest alone. the second point urged is ..... mr. v. d. chauhan, learned counsel for the respondent could not give any plausible reply and perhaps he has no reply also in view of the provision of section 21a of the banking regulation act, 1949. from the impugned judgment i could not find any plausible reason in reducing the claim from rs. 34 lakhs and odd to rs. 27 lakhs and .....

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May 31 2005 (TRI)

S.P. Kanodia and ors. Vs. I.F.C.i. Ltd. and ors.

Court : DRAT Allahabad

Reported in : I(2006)BC228

..... procedural matters for getting fruitful speedy remedy basing on natural justice. some provisions of c.p.c. have been made to apply as provided under section 22(2) of the act. under sub-section (1) of section 22 it has been provided that the tribunal and appellate tribunal shall not be bound by the procedure laid--down by the c.p.c., ..... mr. a.k. chatterjee, senior advocate to the effect that an appeal against an interlocutory order should be construed as an appeal under section 17(2) of the act and not under section 20 of the act and under section 17(2) there is nothing mentioned about the fees to be paid in respect to any order passed by the tribunal before the ..... orders. so this first point shall be dependent on the decision in the subsequent point raised. (vii) on the second point it is there under sub-section (3) of the section 20 of the act that for the purpose of entertaining an appeal, prescribed fees shall have to be paid. now it is to be seen whether really prescription is there .....

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May 31 2005 (TRI)

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 .....

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Jun 03 2005 (TRI)

Bank of Baroda Vs. Mahfooz Ahmad and ors.

Court : DRAT Allahabad

Reported in : II(2006)BC46

..... to find out as to how much claim of. the appellant can be entertained to be proved and then consider future and pendente lite interest as per section 19(20) of the rddbfi act. considering the above points, the discussions made by this tribunal shall also be construed and also opportunity should be given to both the parties to adduce further ..... by filing a written statement taking various pleas as had been taken for the other case by the guarantors and not being reiterated again. on establishment of tribunal under the act the case was transferred to the drt, allahabad and was registered as t.a. no. 24/01. after giving due notice to all the parties, the proceeding continued ..... such the guarantee ended by the expiry of licence.while the suit was proceeding in the civil court, tribunal was set up as per the provisions of the rddbfi act, 1993 and the suit has been transferred to the drt, allahabad and then after due notice to the parties, the proceeding continued and ended in dismissal.on 4th may .....

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