Judgment Search Results Home > Cases Phrase: small industries developement bank of india act 1989 chapter i preliminary Page 1 of about 674 results (0.176 seconds)

Ksl and Industries Ltd. Vs. Arihant Threads Ltd. and ors.

Court : Supreme Court of India

Reported in : IV(2008)BC421(SC); 153(2008)DLT27(SC); 2008(12)SCALE42; (2008)9SCC763

..... inconsistent therewith contained in any other law for the time being in force or in any instrument have effect by virtue of any law other than this act (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companie (special provisions) act, 1985 and the small industries development bank of india act, 1989.18 ..... . chapter i is preliminary in nature and section 2 defines various terms ..... . before parting with the matter, i may clarify that any observation on merits which might have been made in this judgment is only for the purpose of deciding the preliminary question as to maintainability of proceedings against the company since the high court has allowed the petitions filed by the company only on that ground ..... . chapter iv covers potentially sick industrial companies, misfeasance proceedings, appeals and other miscellaneous matters with which the court is not concerned in the present case except section 32 which gives `overriding effect' to the provisions of the act .....

Central Bank of India Vs. Coast West Ferro Alloys and 7 ors.

Court : Gujarat

Reported in : (2009)1GLR59

..... .(2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984 and the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989 ..... . chapter i is preliminary in nature and section 2 defines various terms ..... . chapter iv covers potentially sick industrial companies, misfeasance proceedings, appeals and other miscellaneous matters with which the court is not concerned in the present case except section 32 which gives `overriding effect' to the provisions of the act ..... . jurisdiction, powers and authority of tribunals are found in chapter iii ..... . references, inquiries and schemes have been dealt with in chapter iii ..... . chapter vi is miscellaneous ..... . chapter v relates to `recovery of debt determined by the tribunal' ..... . the tribunals are required to follow procedure laid down in chapter iv ..... . chapter ii provides for establishment of tribunals and appellate tribunals, their composition, qualifications and term of office of the staff, salaries, allowances, etc ..... . chapter ii relates to establishment of board and appellate authority, term of office, conditions of service of officials and working of the board and appellate authority .....

Assam Leather Industry Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... and registered under the companies act, 1956 (1 of 1956) ; (10) technology development and information company of india limited, formed and registered under the companies act, 1956 (1 of 1956); (11) power finance corporation limited, formed and registered under the companies act, 1956 (1 of 1956) ; (12) national housing bank established under the national housing bank act, 1987 (53 of 1987) ; (13) small industries development bank of india established under the small industries development bank of india act, 1989 (39 of 1989) ; (14) rural electrification ..... act is divided into six chapters : chapter i--preliminary ..... the first chapter is preliminary. ..... state of assam , a similar question arose regarding the jurisdiction of the assam administrative tribunal under section 9 of the assam administrative tribunal act, 1977, and a full bench of this court negated the preliminary objection raised by the state and held that the letters patent appeal pending before the division bench of this hon'ble court cannot be transferred to the assam administrative tribunal under section ..... this court after discussing the provisions of the act and considering the question of the decree of a civil court in paragraph 8 has held as follows (page 3 of air 1981 gauhati) : 'as a result of the foregoing discussions, we overrule the preliminary objection and hold that the appeal has not stood transferred to the administrative tribunal under section 9(3) of the act and that division bench is competent to dispose of .....

T. Venkatesh Reddy, Bangalore and Others Vs. the State of Karnataka by ...

Court : Karnataka

..... city and industrial development corporation of maharashtra ..... the records clearly disclose that as on the date of preliminary and final notifications there was no development activity on the lands in question, no third party rights were ..... under different set of facts and circumstances of the cases it might have enured to their benefit, but not in the instant case for the following reasons: firstly, the preliminary notification and final notification for acquisition of the lands in question challenged in these proceedings are of the year 1988 and 1990. ..... while disposing of said second batch of writ petitions the learned single judge also observed that in view of the decision rendered by the apex court in the matter of union of india vs- shiva kumar bhargava and others, wherein it is held as under: a person who purchases land subsequent to the notification may be entitled to claim compensation by virtue of sale made in his favour, namely, the right, title and ..... further, we hold that provisions introduced in the land acquisition act, 1894 by central act 68 of 1984, limited to the extent of acquisition of land, payment of compensation and recourse to legal remedies provided under the said act, can be read into an acquisition controlled by the provisions of chapter vii of the mrtp act but with a specific exception that the provisions of the land acquisition act insofar as they provided different time-frames and consequences of default thereof including lapsing of acquisition proceedings .....

Refex Energy Limited, by its Managing Director Vs. Union of India, by ...

Court : Chennai

..... the second contention was also rejected by the hon'ble supreme court by observing that the industries (development and regulation) act has already created the class by specifying the particular industries in the first schedule to that act, the control of which is expedient in the public interest to be under/ by the union of india. ..... the contention of the appellants in this context is three folded; (1) without any written agreement, the provisions of the arbitration and conciliation act could not be invoked; (2) the micro and small enterprises facilitation council, which was empowered to conciliate between the parties, should not be allowed to further arbitrate in the matter; and (3) the members of the council who conciliate as per sub-section (2) of section 17 would also be ..... since the petitioner has raised objections, there was no possibility for settlement and the matter has been referred to justice shri s.s.dahiya under chapter v in accordance with law and therefore, the contention of the learned counsel for the petitioner is hereby rejected. 27. ..... i submit that the petitioner, under protest, duly appeared before msme facilitation council on 07.07.2015 and raised certain preliminary objections to the reference/claim petition filed by the 2nd respondent. .....

Haribhau Siddapa Patil and Others Vs. the State of Karnataka, Rep. by ...

Court : Karnataka Dharwad

..... very authority to acquire the very lands in the year 1988 but when the landowners resisted the same, it came to be dropped; that the subject lands were fertile agricultural lands; that it is not suitable for development as an industrial area nor required to be done so at the cost of the agricultural operations carried out in the land: that the notification are unnecessary as more suitable lands are available elsewhere in the vicinity; that the landowners being ..... . it is rather ironic that a combination of the statutory provisions under the karnataka co-operative societies act, 1959, karnataka industries [facilitation] act, 2002 and the karnataka industrial area development act, 1966, are all pressed into service for the purpose of acquiring a small extent of 13 acres 27 guntas of land in a private holding. 35 ..... . we find that the statutory power for notifying an area as an industrial area need for applying the provisions of chapter-iv in respect of the area for the purpose of acquiring the land and the issue of a preliminary notification under section 28[1] of the act which are all statutory functions of considerable importance and significance and requiring application of mind have all been simply abdicated to the recommendation of the single window clearance committee in favour of the fifth respondents ..... . kindly send us a copy of the industrial entrepreneurs memorandum acknowledgement issued by the government of india in respect of your proposed project for our records .....

Hdfc Bank Ltd. and anr. Vs. Kishore K. Mehta and ors.

Court : Mumbai

Reported in : 2008(6)BomCR340

..... section 34 provides that the provisions of rd act or rules made thereunder shall be in addition to, and not in derogation of the industrial finance corporation act, 1948, the state financial corporations act, 1951, the unit trust of india act, 1963, the industrial reconstruction bank of india act, 1984, the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989.34. ..... be supposed and has been intended but what has been said.once the provisions of law clearly specify that the overriding effect provided under sub-section (1) of section 34 of the rd act would not prohibit the banks and financial institutions from taking resort to the provisions of the statutes specified under sub-section (2) of section 34, it would mean that all other statutes which are not specified in the ..... in our opinion, in view of the special procedure for recovery prescribed in chapter v of the act, and section 34, execution of the certificate is also within the exclusive jurisdiction of ..... it may be partly preliminary and partly final.the use of the words like 'court', 'suit' and 'adjudication' sufficiently indicate the scope ..... - a decree is preliminary when further proceedings have to be taken before the suit can ..... formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. .....

Modern Syntax (i) Ltd. Vs. Debts Recovery Tribunal Jaipur and Others

Court : Rajasthan

Reported in : AIR2001Raj170; [2001]106CompCas629(Raj); 2001(2)WLC79; 2003(1)WLN620

..... this act or the rules made thereunder shall be in addition to and not in derogation if, the industrial finance corporation act, 1948 (15 of 1918), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), and (the sic industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989)' section 4 of the rru act; ..... may be applicable to the undertaking immediately before it was acquired or taken over by the state government or before the issue of the notified order in respect thereof under section 18a of the industries (development and regulation) act, 1951 (central act 65 of 1951) or before any loan, guarantee, or other financial assistance was provided to it by the state government shall be suspended in operation, or shall, if so directed by the state government, be applied with such modifications as may be specified in the ..... reference may be made to para 10 of the written preliminary submission made on behalf of the respondent bank that 'the defendant petitioner company is lying closed and that ..... referring to sections 2(g), 17, 18, 19 and 31 and chapter iii of the rdb act, their lordships of the supreme court found that the jurisdiction of the tribunal in regard to adjudication is exclusive and that the said act requires the tribunal alone to decide applications for recovery of debts clue to banks or financial institutions. .....

idbi Ltd. Vs. the Official Liquidator.

Court : Mumbai

..... provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989)."27. ..... aforesaid case, a preliminary decree in a mortgage suit was passed, based on an unregistered charge, however in the present case, the property is mortgaged, the charge is also registered, and a certificate under section 19(22) of the rdb act has been issued. ..... a procedure has been laid down in the act for recovery of the debt as per the certificate issued by the tribunal and this procedure is contained in chapter v of the act and is covered by sections 25 to 30 ..... rules 156 and 179 in the said chapter deal with the payment of interest, which cannot exceed 4% per annum up to the date from the time when the debt or sum was payable from the date of the winding ..... rule 154 in the said chapter deals with the value of debts, which the official liquidator has to estimate at the date of the order of winding-up of the company, which is 2-8-2001 in ..... liquidator is, therefore, bound by the provisions under the chapter of winding-up in the said rules. ..... said rule is placed in the chapter of winding-up proceedings by the .....

Official Liquidator High Ct.of Judc. Vs. Allahabad Bank and ors.

Court : Supreme Court of India

..... of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989 (39 of 1989). ..... the winding up proceeding to realize the debt of the appellant by associating itself in the recovery proceeding in accordance with the rdb act, the direction issued to the official liquidator to give access to the recovery officer to proceed with the recovery of legal and valid dues of the bank and the non-imposition of any condition that the sale required prior approval of the learned company judge and, heavily relying on ..... statute the high court in an application presented to it as a court of first instance declares liability to pay a debt, the jurisdiction exercised is original and civil and if the exercise of that jurisdiction does not depend upon any preliminary step invoking exercise of discretion of the high court, the jurisdiction is ordinary. 22. ..... procedure has been laid down in the act for recovery of the debt as per the certificate issued by the tribunal and this procedure is contained in chapter v of the act and is covered by sections 25 to ..... chapter v of the rdb act deals with recovery of debts determined .....