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Banking - Law Dictionary Search Results

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Banking company

Banking company, shall have same meaning assigned to it in clause (c) of s. 5 of the Banking Regulation Act, 1949 (10 of 1949) [Income Tax Act, 1961 (43 of 1961), s. 47 (vi-aa) Exp. (i).]--'Banking company' means a banking company as defined in the Banking Regulation Act, 1949. S. 5(c) of the Act of 1949 defines a banking company to mean any company which transacts the business of banking in India (subject to the provision contained in the Explanation to the section). Thus, in order that a bank may be a banking company, it is in the first place necessary that it must be a 'company', State Bank of Travancore v. Mohammed Mohammed Khan, AIR 1981 SC 1744: (1982) 1 SCR 338: (1981) 4 SCC 82 (88).does not include a foreign company within the meaning of s. 591 of the Companies Act, 1956. [Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), s. 2 (a)]means any company which transacts the business of banking in India. [The Banking Regulation Act, 1949 (10 of 1949)...


Banking

Banking, means the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise, and withdrawal by cheque, draft, order or otherwise. [Banking Regulation Act, 1949 (10 of 1949), s. 5 (b)]The expression 'banking' in Entry 45, List I means all forms of business which since the introduction of western methods of banking in India, banking institutions have been carrying on in addition to banking as defined in S. 5(b) of the Banking Regulation Act, and on that account all forms of business described in S. 6(1) of the Banking Regulation Act in clauses (a) to (n) are, if carried on in addition to the 'hard-core of banking' banking and the Parliament is competent to legislate in respect of that business under Entry 45, List I, Rustom Cavasjee Cooper v. Union of India, (1970) 1 SCC 248 (280): AIR 1970 SC 564: (1970) 3 SCR 531. (Constitution of India, Sch. VII, List 1, Entry 45)In ordinary parlance 'banking' is business transactions ...


Banking policy

Banking policy, means any policy means any policy which is specified from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, the volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources. [Banking Regulation Act, 1949 (10 of 1949), s. 5 (ca)]Means a debtor (as an individual or organization) whose property is subject to administration under the bankruptcy laws for the benefit of the debtor's creditors was adjudicated, Webster's Dictionary of Law, Indian Edn. (2005), p. 43.Means an individual who has been adjudged bankrupt and in relation to a bankruptcy order, it means the individual adjudged bankrupt by that order, Halsbury's Laws of England, Vol. 3(2), 4th Edn., Para 78, p. 48.Means a person who cannot meet current financial obligations, an insolvent person; Debt...


Banking institution

Banking institution, shall have same meaning assigned to it in sub-s. (15) of s. 45 of the Banking Regulation Act, 1949 (10 of 1949). [Income Tax Act, 1961 (43 of 1961), s. 47(vi-aa) Exp. (ii)]...


Defunct banking Company

Defunct banking Company, means a banking company: (i) which has been prohibited from receiving fresh deposit, or (ii) which has been ordered to be wound up, or (iii) which has transferred all its deposit liabilities in India to any other institution etc. [Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), s. 2(f)]...


Off Shore Banking Unit

Off Shore Banking Unit, means a branch of a bank located in a Special Economic Zone and which has obtained the permission under clause (a) of sub-s. (1) of s. 23 of the Banking Regulation Act, 1949 (10 of 1949); The Special Economic Zones Act, 2005, s. 2(u)...


Offshore Banking Unit

Offshore Banking Unit, means a branch of a bank located in a Special Economic Zone and which has obtained the permission under clause (a) of sub-s. 91) of s. 23 of the Banking Regulation Act, 1949 (10 of 1949) [Special Economic Zones Act, 2005 ( 28 of 2005) s. 2(u)]...


Savings banks

Savings banks, institutions for the safe custody and increase of the small savings of the poor. See Chitty's Statutes, tit. 'Savings Banks.' They are: (1) Trustee; (2) Post Office; (3) Military; (4) Statutory; (5) Uncontrolled.(1) Trustee Savings Banks are regulated by a long series of Acts (the Trustee Savings Banks Acts, 1861 to 1934), which provide that they must not be described in a manner which implies that the Government is responsible to depositors, that the money received must be paid to the Bank of England or Ireland and carried to an account kept in the names of the National Debt Commissioners, and that annual accounts must be sent to the Commissioners. An 'Inspection Committee,' estab-lished under the Savings Bank Act, 1891, has extensive powers of supervision for the purpose of detecting any breaches of the Acts or rules regulating a bank. Deposits by any depositor in more than one Trustee Savings Bank is prohibited, and the Treasury have power to limit the amount from one...


Bank-notes, or Bank-bills

Bank-notes, or Bank-bills, written or printed promises for money, to be paid by a banking company. They are uniformly made payable on demand. They are not like bills of exchange, mere securities or documents for debt, nor are they so esteemed, but are treated as money in the ordinary course and transactions of business by the general consent of mankind, and, on payment of them, whenever a receipt is required, it is always given as for money, not as for securities or notes. Per Lord Mansfield, Miller v. Race, (1758) 1 Burr at p. 457. Bank of England notes were made a legal tender by the 5th section of the Bank of England Act, 1833 (3 & 4 Wm. 4, c. 98), as amended, everywhere except at the Bank and its branches.One-pound notes and ten-shilling notes are now issued by the Bank of England, under the authority of the (English) Currency and Bank Notes (Amendment) Act, 1928, and made a legal tender for a payment of any amount. The notes first issued were found to be easy to forge, and they we...


Reserve Bank

Reserve Bank, means the Reserve Bank constituted under s. 3 of the Reserve Bank of India Act, 1934. [See Reserve Bank of India Act, 1934, s. 3]Means the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934). [Madhya Pradesh Rajkoshiya Uttardayitva Avam Budget Praobandhan Adhiniyam, 2005, R. 2(h)]Means the Reserve Bank of India constituted under sub-s. (1) of s. 3 of the Act, 1934 (Act No. 2 of 1934), Rajasthan Agricultural Produce Market Act, 2005, s. 2(1).Means the Reserve Bank of India constituted under s. 3 of the Reserve Bank of India Act, 1934 (2 of 1934), the Special Economic Zones Act, 2005, s. 2(x)....


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