Judgment Search Results Home > Cases Phrase: government savings banks act 1873 Court: kerala Page 1 of about 982 results (0.107 seconds)

T.R. Mohana @ S. Latha Vs. Union of India, Represented by the Secretar ...

Court : Kerala

..... be placed on rules 4 and 5 of the post office monthly income account rules, 1987 (hereinafter referred to as the mia rules for short) framed and issued by the central government under section 15 of the government savings banks act, 1873 (hereinafter referred to as the savings banks act for short), is the issue that arises for consideration in this writ petition. ..... by the petitioner in a single account together with her share in the joint accounts exceeded the prescribed limit of rs.3,00,000/- and therefore, the respondents were entitled under rules 17 and 18 of the post office savings bank general rules, 1981 to recover the interest erroneously paid to the petitioner in the two accounts till november, 2009 and were bound to refund only the balance amount, after effecting such recovery. 6. ..... however, relying on the note to rule 4 of the mia rules which was introduced with effect from 5.9.2000 and rules 17 and 18 of the post office savings bank general rules, 1981, the respondents recovered the interest paid to the petitioner in her single account and to her and her husband in the joint account, both of which were closed on 23.2.2010, from the ..... stated that in order to facilitate payment of interest every month, they also opened (according to the petitioner, at the instance of the 4th respondent post master) savings bank account no.858971 in their joint names at the air force station post office and the petitioners were drawing interest on the deposits every month till november 2009. .....

Union of India (Uoi) and ors. Vs. Sudha thejus and ors.

Court : Kerala

Reported in : [2001]103CompCas1116(Ker)

..... single judge has found that section 15 of the government savings bank act, under which the recurring deposit rules are made does not give the government the power to make rules retrospectively. ..... noticed by the learned single judge, the source of the rule making power is section 15 of the government savings bank act. ..... it is further contended that the savings bank account is operated on the basis of a contract executed between the parties and in the contract there is a clause requiring the depositors to abide by the rules in force from time ..... as well deposit the money in the ordinary savings bank account of the post office or in some other bank. ..... that they were free to close the account after one year for which the only liability was the reduction in the rate of interest which will be only at the rate of post office savings bank account. ..... think that the union of india and the chief post master general are right in stating that the petitioners are governed by the amended rule 9a when the contract for deposit was made when the unamended rule was in force. ..... government standing counsel for the appellants submitted that section 15 of the act gives power to the central government to make rules for carrying out the purpose of the act. ..... unamended rules, the holder of an account could prematurely close the account after one year from the date of opening of the account provided that interest at the rate of post office savings account shall alone be payable on premature closure of the account. .....

N. Sreenivasan Vs. Director of Enforcement, New Delhi and ors.

Court : Kerala

Reported in : AIR1973Ker249

..... the petitioners' permises were searched on 26-9-1970 and their post office savings bank account book and certain other documents were seized by the assistant director, enforcement directorate, shastri bhavan madras. ..... p-2 petition dated 25-9-1971 praying for the return of the postal savings bank pass book to vaikom branch. ..... 20,000/- daposited in his savings bank account and rs. ..... (4) on the date fixed, the director shall explain to the person proceeded against or his lawyer or authorised representative the offence alleged to have been committed by such person indicating the provisions of the act or of the rules, directions or orders made thereunder in respect of which contravention is alleged to have taken place. ..... 515 of 1969 (ker) that issuance of a notice under section 23-d (1) of the act as provided in rule 3 (1) of the rules is a sufficient commencement of th',' proceedings within the meaning of section 19-g. ..... the petitioners placed reliance on section 19-g of the foreign exchange regulations act 1947, which enables the concerned officers to retain the documents searched or seized only for a period not exceeding one year. ..... 4,000/- deposited in his mother's (2nd petitioner's) account at the post office, vaikom should not be confiscated to the government. ..... p-l notice dated 22-12-1970, was issued to the petitioners stating that the 1st petitioner had received without general or special exemption from reserve bank of india four payments amounting to rs. .....

Kesavan Thankappan Vs. State of Kerala and anr.

Court : Kerala

Reported in : 1998(2)ALD(Cri)607; 1998(2)ALT(Cri)202; [1998]93CompCas574(Ker); 1999CriLJ714

..... 1 in appendix 1 states that the object of the government in establishing treasury savings bank scheme is to provide a ready means for the deposit of savings and so to encourage thrift. ..... the appellant vehemently argued that the dishonour of the cheque on the ground that the cheque was out of time since the cheque drawn on treasury savings bank is current only for three months from the date of issue as against the banking practice of the currency of cheques for six months from the date of issue, and the provisions of the negotiable instruments act, are illegal and unsustainable. ..... counsel for the appellant that the treasury code promulgated by the governor of kerala should be subject to the provisions of the negotiable instruments act, the banking rules and regulations issued by the government of india, the banking practice and the rules promulgated by the reserve bank of india and the provisions of the treasury code cannot have overriding effect against the provisions of the negotiable instruments act and the banking practice, need not be considered in this case. ..... his only contention was that as the cheque issued by the respondent was dishonoured, he is liable to be punished for the offence punishable under section 138 of the negotiable instruments act, therefore, the above submission made by counsel for the appellant at this very distant point of time cannot be countenanced so as to give him an opportunity to put forward and substantiate a new case of cheating which is not even .....

Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. ...

Court : Kerala

..... the central land mortgage bank and the primary land mortgage banks referred to in section 47 of that act are respectively the central mortgage bank and the primary mortgage banks which stood governed by the provisions of the kerala co- operative land mortgage banks act, 1960 which enactment stood repealed as per section 52(1) of cardb act with saving clauses relating to all matters including the relationship between the central land mortgage bank and the primary banks and also the bye-laws ..... , unless inconsistent with the provisions of the cardb act. ..... for the revenue, we encapsulate the question for decision in this appeal under section 260a of the income tax act, 1961, "it act", for brevity, as follows: are the provisions of section 80p of it act excluded in terms of sub-section 4 of that section; from application in relation to the kerala state co- operative agricultural and rural development bank limited; governed by the provisions of the kerala state co- operative (agricultural and rural development banks) act, 1984; hereinafter, the 'cardb .....

Reserve Bank of India Vs. Palai Central Bank Ltd.

Court : Kerala

Reported in : AIR1961Ker268; [1961]31CompCas154(Ker)

..... the reserve bank is to act under the impugned provision if it comes to the opinion that the very continuance of the hanking company is prejudicial to the interests of its depositors, the central government is to act under sub-section (4) of section 35 if, after considering the report by the 'reserve bank, it comes to the opinion, not as yet that the very continuance of the company is prejudicial, but that the affairs of the banking company are being ..... (in (1929) appeal cases 1) that the term, 'ordinarily resident' was an inappropriate term to apply to an artificial person who is always and by law immovable resident, we should, in our anxiety to save the article from a possible charge of redundancy and infelicity, say that the article does not apply to corporations when its language, adopted with an eye to what is undoubtedly its primary object, namely, human citizens ..... state, air 1954 sc 465; 'to a substantial extent evaded payment of taxation on income' in (s) air 195ft sc 246 (to give but four instances) as affording sufficient guidance to save executive action based on subjective satisfaction from the vice of arbitrariness, do not appear to be more definite or to give greater guidance, having regard to the scope and purpose of ..... disease, namely, prejudicial conduct, but the stage reached by the impugned provision is so far advanced that nothing can he done to save the depositors except the winding up of the company and the danger to them is so imminent that no time is to be lost .....

Commissioner of Wealth-tax Vs. H.H. Sethu Parvathi Bayi and H.H. Leksh ...

Court : Kerala

Reported in : [1979]116ITR135(Ker)

..... by the central government and notified by it in this behalf in the official gazette, to the extent to which the amounts of such deposits do not exceed the maximum amount permitted to be deposited therein ; (xvi) ten year treasury savings deposit certificates, fifteen-year annuity certificates, deposits in post office savings banks, post office cash certificates, post office national savings certificates, post office national plan certificates and twelve-year national plan savings certificates, ten-year ..... and section 5(1a) of the act reads :'(1a) nothing contained in sub-section (1) shall operate to exclude from the net wealth of the assessee any assets referred to in clauses (xv), (xvi), (xxii), (xxiii), (xxiv), (xxv), (xxvi), (xxvii), (xxviii), (xxix), (xxxi) and (xxxii) [not being deposits under the post office savings bank (cumulative time deposits) rules, 1959], to the extent the value thereof exceeds, in the aggregate, a sum of one hundred and fifty thousand rupees ..... section 5(1) of the act, in so far as the same is material, reads as ..... tribunal was, to whittle down the plain meaning deduced from the language of these provisions by any presumed or assumed intention of the legislature as gathered from the speech of the finance minister introducing the finance act of 1970.6. ..... represented the maximum limit of exemption to which she was entitled under section 5(1) of the act. ..... act, 1957, the appellate tribunal is right in law in holding that the assessee is entitled to exemption .....

All Kerala River Protection Council Vs. State of Kerala

Court : Kerala

..... short term permits can be granted for the existing quarries for extraction of minor minerals from private holdings of less than five hectares which are not on leases on government lands for a period not exceeding one year, without insisting environment clearance from the ministry of forest and environment, if the applicant concerned had complied with all ..... us to enter into the issue as to whether direction of the national green tribunal in its order dated 13.01.2015 is inoperative or invalid, since we have already held that in view of the direction of the government of india, ministry of environment and forests dated 18.05.2012 read with the judgment of the apex court in deepak kumar's case (supra) now it is mandatory to obtain environmental clearance of mining lease for an area ..... of the powers conferred by sub-section(1) and clause (v) of sub-section (2) of section 3 of the environment (protection)act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the environment (protection rules), 1986, the central government hereby makes the following further amendment to the notification of the government of india, in the ministry of environment and forests number s.o.1553(e) dated 14th september, 2006 after having dispensed with the requirement ..... main purpose of saving the environment of ..... bio - diversity as loss of habitat caused by sand mining will effect various species, flora and fauna and it may also destabilize the soil structure of river banks and often leaves isolated islands. .....

Lord Krishna Bank Ltd. Vs. Inspector General of Registration

Court : Kerala

Reported in : AIR1976Ker151

..... . 39 part i dated 7th october, 1975, government has notified that under clause (1) of section 2 of the act, government of kerala has approved the kerala treasury savings bank for the purposes of the act.7 ..... will apply to kuries started prior to the coming into force of the act.petitioner further alleges that the 2nd respondent is even refusing to accept certified copies of the minutes of the proceedings of the said kuri conducted by the petitioner at its alathur branch presented to the 2nd respondent under section 14 of the act on the ground that the petitioner had failed to deposit prized amounts not drawn by the subscribers of that kuri in the government treasury savings bank account ..... it is, therefore, clear, the orderfurther states, that the kerala treasury.savings bank is the only approved bankfor the purpose of the act and it is inevitable that the unpaid prize moneyshould be deposited in that bank itself.the order further proceeds to state thatthe foreman bank should deposit the unpaid prize money in the treasury savingsbank and produce the pass book as evidence for the purpose of filing the minutes.ext. ..... p-2.therein it is stated that sub-section (1)of section 2 of the act defines 'approved bank' as a bank approved by thegovernment from time to time for thepurpose of the act and the governmenthad in their order dated 19-9-1975 issuedthe required notification to the effect thatthe kerala treasury savings bank shallbe the approved bank for the purpose ofthe act. .....

Link Hire-purchase and Leasing Co. (Pvt.) Ltd. and Premier Kuries and ...

Court : Kerala

Reported in : [2001]103CompCas941(Ker)

..... it is relevant to note that under section 2(5)(i) of the money-lenders act a deposit of money or other property in a government post office savings bank or in a bank, or in a company as defined in the companies act, 1956, or with a co-operative society are excluded from the meaning of the term 'loan'. ..... or any other office by whatever name called, of his principal place of business and a pawn broker, but does not include- (a) a bank or a co-operative society ; or (b) the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (central act 31 of 1956); or (bb) the industrial credit and investment corporation of india limited incorporated under the indian companies act, 1913 (7 of 1913) ; (c) the industrial finance corporation established under section 3 of the industrial finance corporation ..... (e) the state finance corporation established under section 3 of the state financial corporations act, 1951 (central act 63 of 1951) ; or (f) any institution established by or under an act of parliament or the legislature of a state, which grants any loan or advance in pursuance of the provisions of that act ; or (g) any other institution in the public sector, whether incorporated or not exempted by the government by notification. .....