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 ..... generality of the foregoing power, such rules may provide for all or any of the following matters, namely : (a) the salaries and allowances and other terms and conditions of service of the presiding officers, recovery officers and other officers and employees of the tribunal and the appellate tribunal under sections 7, 12 and 13 ; (b) the procedure for the investigation of misbehaviour or incapacity of the presiding officer of the tribunals and appellate tribunals under sub-section (3) of section 15 ; (c) the form in which an application may be made under section 19, the documents ..... 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 ..... for meeting of .....
Tag this Judgment!Court : Punjab and Haryana
..... submission with the plea that explanation-2 provides for a clarification of any doubt as to whether a concern is an industrial concern or not by a decision of the small industries bank (small industries chand parkash 2014.04.28 14:39 i attest to the accuracy and integrity of this document cwp-8891-2007 - 6 - bank has been defined as per section 2(fa) to mean the small industries development bank of india established under section 3(1) of the small industries development bank of india act, 1989). ..... prejudice to any other mode of recovery, make an application to the state government for the recovery of the amount due to it, and if the state government or such authority, as that government may specify in this behalf, is satisfied, after following such procedure as may be prescribed, that any amount is so due, it may issue a certificate for that amount to the collector, and the collector shall proceed to recover that amount in the same manner as an arrear of land revenue. . ..... it appropriate to refer the matter to a larger bench framing the following questions of law: (i) whether the recovery process under section 32g is applicable to an ..... there were no proper instructions from the respondent-corporation and it just wanted the matter to be examined at the appropriate level including under an ots policy of 2.3.2009 which has been in force ..... the matter came up for final hearing on 20.1.2014 when it was noticed that over a period from 1990 to 1996 against the loan of rs.2,80,000/-, a sum of .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... sections 193, 219 and 228 for the purposes of section 196 of the indian penal code, and the appellate tribunal shall be deemed to be civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 54 the chairperson shall have powers of general 54 administrative administrative superintendence and direction in the conduct of powers of powers of the affairs of appellate tribunal and he shall, in chairperson of chairperson of addition to presiding over the ..... act, the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of the following matters, namely: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; 71 part e section and title provision section ..... comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the appropriate government by the authority and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation or, 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 (52 of 1984) 'the sick industrial companies (special provisions) act, 1985 and the small industries development bank of india act, 1989 (39 of 1989)'.the securitisation andreconstruction of financialassets and enforcement ofsecurity interest act, 20022. ..... to registration of societies and matters connected and incidental thereto; chapters iii and iv deal with membership of the society, composition of managing committees of the societies, the rights and liabilities of the members and matters relating to management of societies including the powers and functions of the managing committee, respectively, chapters v to vii deal with the rights and privileges, properties and funds and substantive and procedural provisions relating to audit, inquiry, inspection and surcharge in relation to a society; chapter vii includes provisions regarding settlement of disputes and section 61 in this chapter .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom449; 2002(3)ALLMR1; 2002(5)BomCR228; [2003]115CompCas86(Bom); 2002(3)MhLj723
..... (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 corporation 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 sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industries development bank of india act, 1989.'16. ..... the state financial corporation 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 sick industrial companies (special provisions) act, 1985 (1 of 1986) and the small industrial development bank of india act, 1989. ..... contrast section 22 of the act with section 13(4) of the consumer protection act, 1986 which vests certain powers on the authorities under the act;'(4) for the purposes of this section the district forum shall have the same powers as are vested in civil court under the code of civil procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely :-- (i) the summoning and enforcing attendance of any defendant or witness and examining the witness on oath; (ii) the discovery and production of any document or other ..... hence the procedure provided by the special law must prevail over the general. ..... according to the learned counsel the rdb act is a general law. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216
..... section (2) of section 34 lays down that the provisions of the drt act or rules made thereunder shall be in addition to and not in derogation of industrial finance corporation act, 1948, the state financial corporation act, 1951, the unit trust of india act, 1963, industrial reconstruction bank of india act, 1984 and the small industries development bank of india act, 1989 ..... discussion, we hold that the drt act and securitisation act do not create first charge in favour of banks, financial institutions and other secured creditors and the provisions contained in section 38c of the bombay act and section 26b of the kerala act are not inconsistent with the provisions of the drt act and securitisation act so as to attract non obstante clauses contained in section 34(1) of the drt act or section 35 of the securitisation act ..... effecting a fundamental alteration in the general law unless it uses words that point unmistakably to that conclusion.statutes relating to remedies and procedure must receive a liberal construction `especially so as to secure a more effective, a speedier, a simpler, and a less expensive administration of law'. ..... repugnant to the provisions of an earlier law made by parliament or an existing law with respect to that matter, then, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state:provided that nothing in this clause shall prevent parliament from .....
Tag this Judgment!Court : Delhi
..... act or the rules made there- under 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 industrial development bank of india act, ..... generally with the matters relating to attachment leading to confiscation of proceeds of crime (as defined by pmla), the statute prescribes elaborately the procedure conferring powers on enforcement authorities thereby established, such process beginning with provisional attachment , such provisional attachment being subject to confirmation by adjudicating authority (constituted under section 6), the order of the adjudicating authority being amenable to challenge by appeal (under section26) to the appellate tribunal (as constituted in terms of section ..... and foreign exchange manipulators (forfeiture of property) act, 1976 ("safema", for short) came on the statute book with the avowed objective of meeting the challenge of "serious threats to the economy and the security of the nation" posed by activities in the nature of smuggling, foreign exchange manipulations and ..... and also respecting the illicit nature of a transaction involving its acquisition on account of connection with other transaction(s) of suspect nature, the relevant clauses to such effect contained in sections 23 and 24 to be discussed .....
Tag this Judgment!Court : Delhi
..... act or the rules made there- under 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 industrial development bank of india act, ..... generally with the matters relating to attachment leading to confiscation of proceeds of crime (as defined by pmla), the statute prescribes elaborately the procedure conferring powers on enforcement authorities thereby established, such process beginning with provisional attachment , such provisional attachment being subject to confirmation by adjudicating authority (constituted under section 6), the order of the adjudicating authority being amenable to challenge by appeal (under section26) to the appellate tribunal (as constituted in terms of section ..... and foreign exchange manipulators (forfeiture of property) act, 1976 ("safema", for short) came on the statute book with the avowed objective of meeting the challenge of "serious threats to the economy and the security of the nation" posed by activities in the nature of smuggling, foreign exchange manipulations and ..... and also respecting the illicit nature of a transaction involving its acquisition on account of connection with other transaction(s) of suspect nature, the relevant clauses to such effect contained in sections 23 and 24 to be discussed .....
Tag this Judgment!Court : Delhi
..... act or the rules made there- under 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 industrial development bank of india act, ..... generally with the matters relating to attachment leading to confiscation of proceeds of crime (as defined by pmla), the statute prescribes elaborately the procedure conferring powers on enforcement authorities thereby established, such process beginning with provisional attachment , such provisional attachment being subject to confirmation by adjudicating authority (constituted under section 6), the order of the adjudicating authority being amenable to challenge by appeal (under section26) to the appellate tribunal (as constituted in terms of section ..... and foreign exchange manipulators (forfeiture of property) act, 1976 ("safema", for short) came on the statute book with the avowed objective of meeting the challenge of "serious threats to the economy and the security of the nation" posed by activities in the nature of smuggling, foreign exchange manipulations and ..... and also respecting the illicit nature of a transaction involving its acquisition on account of connection with other transaction(s) of suspect nature, the relevant clauses to such effect contained in sections 23 and 24 to be discussed .....
Tag this Judgment!Court : Delhi
..... act or the rules made there- under 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 industrial development bank of india act, ..... generally with the matters relating to attachment leading to confiscation of proceeds of crime (as defined by pmla), the statute prescribes elaborately the procedure conferring powers on enforcement authorities thereby established, such process beginning with provisional attachment , such provisional attachment being subject to confirmation by adjudicating authority (constituted under section 6), the order of the adjudicating authority being amenable to challenge by appeal (under section26) to the appellate tribunal (as constituted in terms of section ..... and foreign exchange manipulators (forfeiture of property) act, 1976 ("safema", for short) came on the statute book with the avowed objective of meeting the challenge of "serious threats to the economy and the security of the nation" posed by activities in the nature of smuggling, foreign exchange manipulations and ..... and also respecting the illicit nature of a transaction involving its acquisition on account of connection with other transaction(s) of suspect nature, the relevant clauses to such effect contained in sections 23 and 24 to be discussed .....
Tag this Judgment!