Judgment Search Results Home > Cases Phrase: government savings banks act 1873 preamble 1 government savings banks act 1873 Page 1 of about 3,157 results (0.167 seconds)

Fidelity Fed. S. and L. Vs. De La Cuesta

Court : US Supreme Court

..... the act, congress gave the board plenary authority to issue regulations governing federal savings and loans: "in order to provide local mutual thrift institutions in which people may invest their funds and in order to provide for the financing of homes, the board is authorized, under such rules and regulations as it may prescribe, to provide for the organization, incorporation, examination, operation, and regulation of associations to be known as 'federal savings and loan associations,' or 'federal mutual savings banks' . ..... the preamble accompanying final publication of the due-on-sale regulation, the board explained its intent that the due-on-sale practices of federal savings and loans be governed "exclusively ..... a preamble to the regulation stated that the due-on-sale practices of federal savings and loan associations shall be governed "exclusively by federal law," and that the association "shall not be bound by or subject to any conflicting state law ..... we conclude that 545.8-3(f) itself supersedes contrary state due-on-sale law; we look to the preamble only for the administrative construction of the regulation, to which "deference is . . . ..... language of the board's regulation, and especially the preamble thereto, clearly show the board's intent to preempt ..... although the court recognized that the preamble accompanying 12 cfr 545.3(f) (1982) manifested the board's intent that its due-on-sale regulation supersede conflicting state law, it refused to "equate the board's expression of .....

Hawaii Vs. Mankichi

Court : US Supreme Court

..... public debt of the republic of hawaii, lawfully existing at the date of the passage of this joint resolution, including the amounts due to depositors in the hawaiian postal savings bank, is hereby assumed by the government of the united states; but the liability of the united states in this regard shall in no case exceed four million dollars. ..... other public property belonging to hawaii; although all its officers took an oath of allegiance to the united states; yet, persons there charged with infamous crimes could not, as of right, before the passage of the act of 1900, invoke for their protection, when prosecuted for crime, the guarantees relating to grand and petit juries found in the constitution of the united states -- the supremacy of which instrument was in effect declared by ..... no previous preparation had been made, the consequences in this particular connection would be that every criminal in the hawaiian islands convicted of an infamous offense between august 12, 1898, and june 14, 1900, when the act organizing the territorial government took effect, must be set at large, and every verdict in a civil case rendered by less than a unanimous jury held for naught. ..... rights are described in the ordinance of 1787 as "fundamental principles of civil and religious liberty," and the amendments embodying common law rights were demanded, as the preamble of the act of congress proposing them declares, "in order to prevent misconstruction or abuse" of the powers of the general government. .....

Global Trust Bank Ltd., Sec'bad Vs. Kakateya Cement Sugar and Industri ...

Court : Andhra Pradesh

Reported in : 2000(6)ALD135; 2000(6)ALT130

..... that after the defendant 'smelt that' the plaintiff is going to a court of law, 'acted with undue haste and mala fides and verified the shares on a bank holiday under the imaginary pressure of income tax authorities, which was not borne out by any evidence', and that 'by one stroke' it saved the third party'from the income tax authorities by crediting the amount from the fixed deposit account ..... the court below held that since the 'short question involved in the suit' is whether the defendant has to follow the instructions given by the plaintiff on 10-10-1996, according to the rules and regulations governing the banking law, and since the dispute raised by the third party is not directly and substantially in issue in the suit, and since the dispute in the suit can be decided effectively and completely even ..... keeping these facts and also ex.a1 resolution, wherein its preamble it is stated that chairman and managing director informed the board of directors that an amount of rs.200 lakhs is kept in escrow account with the defendant also, in view it has to be taken that ex.b1 ..... this tardy affair' and its further observations at the beginning of para 13 'when it (defendant) smelt that the petitioner company is going to a court of law the bank acted in undue haste and mala fides and verified the shares on a bank holiday under the imaginary pressure of income tax authorities, whichwas not borne out by any evidence' are obviously made without keeping in view the fact that parties have not .....

D.S. Patel and Co. Vs. Gujarat State Textile Corporation Ltd. and ors.

Court : Gujarat

Reported in : [1971]41CompCas1098(Guj); (1972)0GLR33

..... made under section 15 (whether or not any directions have been issued to the undertaking in pursuance of section 16) is being managed in a manner highly detrimental to the scheduled industry concerned or to public interest, the central government may, by notified order, authorise any person or body of persons to take over the management of the whole or any part of the undertaking or to exercise in respect of the whole or any part of the ..... therefore, applying these tests, if we approach the provisions of the state act, we find it quite evident from its long title and preamble that the act is enacted for three main purposes, namely : (i) to make temporary provisions for industrial relations, (ii) to enable the state government to provide loan, guarantee or financial assistance for the conduct of the industrial undertakings in question, and (iii) to do the above, as ..... which the relief undertaking continues as such under sub-section (2) of section 3 - (i) all or any of the laws in the schedule to this act or any provisions thereof shall not apply and such relief undertaking shall be exempt therefrom, or shall, if so directed by the state government, be applied with such modifications which do not however affect the policy of the said laws as may be specified in the notification; (ii) all or ..... case of hypothecation of its goods in favour of a bank or any other creditor made before the undertaking is declared a ..... clear legislative policy and guidelines would save the delegation. .....

Employees Vs. Missouri Pub. Health Dept.

Court : US Supreme Court

..... [ footnote 3/1 ] that congress made 16(b) as fully available to the public employees as to private employees is clear from explicit statements that the amendments were designed "to make plain the intent to bring under the coverage of the act employees of hospitals and related institutions, schools for physically or mentally handicapped or gifted children, or institutions of higher education, whether or not any of these hospitals, schools, or institutions are public or private or operated for profit or not for ..... fourth, the court argues that the authority of the secretary of labor under 16(c) to sue for unpaid minimum wages or unpaid overtime, and the secretary's authority under 17 to enjoin violations of the act, "suggest that, since private enforcement of the act was not a paramount objective [of congress], disallowance of suits by state employees and remitting them to relief through the secretary of labor may explain why congress was silent as to waiver of sovereign immunity of the ..... 183 (1968), which sustained the constitutionality of the 1966 amendments, construed the reach of the amendments as covering public enterprises having both characteristics, and expressly held "that the federal government, when acting within a delegated power, may override countervailing state interests whether these be described as 'governmental' or 'proprietary' in character." id. ..... see also brooklyn savings bank v. ..... our constitutional commitment, recited in the preamble, is to "establish justice. .....

Navis Ammal Fernando and anr. Vs. S. Subbiah Iyer

Court : Chennai

Reported in : (1974)1MLJ334

..... from the scope of the act the following, namely : (1) a deposit of money or other property in a government post office savings bank or in a bank, in a company as defined in the companies act, 1956 or with a co-operative society; (2) an advance made by a bank or a co-operative society or an advance made from a provident fund to which the provident funds act, 1925 applies; (3) an advance made on the basis of a negotiable instrument as defined in the negotiable instruments act, 1881, exceeding rs. ..... necessities or supposed necessities of the debtor at the time of the loan so far as the same were known, or must be taken to have been known, to the creditor'.the effect of the amendment made by the madras act is as follows : (1) instead of two conditions precedent cumulatively being satisfied, the only condition that has to be satisfied to enable a court to exercise power under section 3 is that the court must have reasons to believe ..... the mortgage debt in question and the rate of interest stipulated in the mortgage deed, exhibit a-1, were not liable to be reopened under section 3(1) of the usurious loans act (central act x of 1918), as amended by madras act viii of 1937 and that the madras moneylenders act, 1957, not having retrospective effect, did not affect the rate of interest provided in exhibit a-1, the mortgage-deed, which admittedly came into existence prior to the coming ..... as the preamble itself states, the act was enacted to regulate and control the business of money-lenders in .....

Ram Padarath Mahto Vs. Mishri Singh and anr.

Court : Supreme Court of India

Reported in : AIR1961SC480; [1961]2SCR470

..... cannot be said to be essential for the purpose of carrying out the scheme of sale of foodgrains, because it would conceivably be possible for the state government to adopt a scheme whereby goods may be supplied without the state government having to store them; and so the work of stocking and storing of foodgrains may in some cases be conceivably incidental to the scheme and not its ..... by this contract the firm has undertaken to do the work of stocking and storing foodgrains belonging to the state government; and if it can be reasonably held that the service undertaken by the state government in the present case was that of stocking the foodgrains the contract in question would obviously attract the provisions of ..... the high court has found that the contract attracts the last part of section 7(d) inasmuch as according to the high court the government of bihar had undertaken to discharge the service of supplying grain to the residents of bihar and the firm of the appellant's family had entered into a ..... 5,000 in a savings bank account which has been pledged to the district magistrate, darbhanga, and comply ..... urged that it could not be said that the central government had undertaken any service within the meaning of section 7(d) of the act when it made arrangements for the carriage of mailbags and ..... the preamble to the contract shows that the first party had to stock and store foodgrains in darbhanga district for sale in pursuance of the grain supply scheme of the government for which a .....

D.P. Kelkar Vs. Ambadas Keshav Bajaj and ors.

Court : Mumbai

Reported in : AIR1971Bom124; (1971)73BOMLR260; [1971(22)FLR268]; ILR1971Bom910; 1971LabIC429; 1971MhLJ69

..... the memorandum or articles of association of the industrial undertaking, exercise his or their functions in accordance with such directions as may be given by the central government so, however that he or they, shall not have any power to give any other person any directions under this section inconsistent with the provisions of any act or instrument determining the functions for the authority carrying on the undertaking except in so far as may be specifically provided by the notified order'.it is ..... . in the indu mills case the notification dated 29th november 1965 recites in the preamble that the central government was of the opinion that the indu mills an industrial undertaking was 'being managed in a manner highly detrimental to public interest' and therefore action ..... employer and his employees with respect to the bonus payable under this act or with respect to the application of this act to an establishment in pubic sector, then, such dispute shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 1947, or of any corresponding law relating to investigation and settlement of industrial disputes in force in a state and the provisions of that act or, as the case may be, such law, shall, save as otherwise expressly provided, apply accordingly'.24 ..... section 1, sub-section (3) lays down that save as otherwise provided in the act, it shall apply to every factory and to every other establishment in which twenty or more persons are employed on any day during .....

Firm Tulsiram Sadanand Sarda Vs. Assistant Commissioner of Labour, Nag ...

Court : Mumbai

Reported in : (1961)63BOMLR342; [1961(3)FLR131]; (1961)ILLJ711Bom

..... the form of the trade unions act of 1926 was unable to deal with the situation, an act was framed under item 29 of the legislative list iii of the government of india act which was 'trade unions, industrial and ..... important test for deciding whether any business, trade, or a calling of an employer, service, employment, avocation or occupation of an employee constitute an industry within the meaning of the act is not only the character of the activities indicated by the words included in the definition but their form and organization in relation to the employed labour force as an active and creative ..... has a membership of not less than between fifteen and twenty percent according as the state government may prescribe for that local area of the employees employed in the industry in that area. ..... that definition is not materially different from the definition of industry as given in the central provinces and berar industrial disputes settlement act, 1947, and may be usefully reproduced : '(j) 'industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or ..... the long title of the act as well as its preamble show that the act was passed to make provision for the promotion of industries and peaceful and amicable settlement of disputes between employers and employees in an organized activity by conciliation ..... stated that he worked as a miscellaneous peon, used to go to banks and also at times did domestic duties. .....

Citizen Forum For Equality Vs. The State of Maharashtra through its Ch ...

Court : Mumbai Nagpur

..... writ petition no.4433 of 1998 to the effect that "the fundamental and legal right of the citizens of pune of submitting objections and suggestions to any modification in the final development plan u/s 37 of the act has been infringed", and that was solely on account of the developer being a close relation of the then chief minister who was also the minister for urban development which controls the appointments of a municipal ..... ultimately, since the direction was given by the state government, hon'ble court notes that it was necessary for it to act under section 37 (1aa), and to publish a notice in the official gazette to invite objections and suggestions from the public at large, and also from ..... that much could have been said about the manner in which the joint charity commissioner disposed of the application under section 36 of the bombay public trust act, just before his retirement, but then it was not sufficient to set at naught sanction accorded by him, particularly when construction of building was almost complete ..... shri mandlekar, learned counsel that notice for its removal is issued on 27.06.2016 by nmc to save its face here in the pil, the issue is now pending in civil suit. ..... from reading of its preamble, rule 8 and rule 25, it is obvious that when first lease of 30 years in favour of sabha expired, respondent 8 nit was under obligation to allow renewal for period from 01.04.1991 to 31.03.2021 by charging ..... convenient shopping, bank's branch, ..... convenient shopping, bank's branch, .....