Supreme Court of India
The Authorised Officer, Indian Bank v. D. Visalakshi and Anr.
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What the Court ordered
We hold that the CJM is equally competent to deal with the application moved by the secured creditor under Section 14 of the 2002 Act.
Judgment, page 46
From the headnote
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – s.14 – Chief Judicial Magistrate (CJM) u/s. 14 – Competency of – There were conflicting views of different High Courts regarding the competency of the CJM to process the request of the secured creditors to take possession of the secured asset u/s. 14 of the 2002 Act – The High Courts of Bombay, Calcutta, Madras, Madhya Pradesh and Uttarakhand interpreted the said provision to mean that only Chief Metropolitan Magistrate (CMM) in metropolitan areas and the District Magistrate (DM) in
Authorities it was built on
- 1960 M. Pentiah and Others v. Muddala Veeramallappa and Others
- 2004 Mardia Chemicals Ltd. Etc. Etc. v. Union of India and Ors. Etc. Etc.
- 2018 Commissioner of Customs (import), Mumbai v. M/s. Dilip Kumar and Company & Ors.
- 2006 M/s Transcore v. Union of India and Anr.
- 1981 K.P. Varghese v. The Income-tax Officer, Ernakulam, and Another
- 2002 All India Judges Association and Ors. v. Union of India and Ors.
- 2012 Vinay Tyagi v. Irshad Ali @ Deepak & Ors.
- 1988 Kehar Singh & Ors. v. State (delhi Admn.)
- 2003 Nasiruddin and Ors. v. Sita Ram Agarwal
- 2006 Hasham Abbas Sayyad v. Usman Abbas Sayyad and Ors.
- 1988 Atma Ram Mittal v. Ishwar Singh Punia
- 1963 Shankarlal Aggarwal and Ors v. Shankarlal Poddar and Ors.
- 2007 New India Assurance Company Ltd. v. Nusli Neville Wadia and Anr.
- 2014 Harshad Govardhan Sondagar v. International Assets Reconstruction Co. Ltd.
- 2016 Vishal N. Kalsaria v. Bank of India & Ors.
- 1989 Ratan Lal Adukia & Anr. v. Union of India
- 2003 High Court of Gujarat and Anr. v. Gujarat Kishan Mazdoor Panchayat and Ors.
- 1975 Nasiruddin v. State Transport Appellate Tribunal
- 2005 Prakash Kumar @ Prakash Bhutto v. State of Gujarat
- 1969 Budhan Singh & Anr. v. Nabi Bux & Anr.
- 1992 Indian Administrative Service (s.c.s.) Association, U.P. and Ors. v. Union of India and Ors.
- 2010 Sindhi Education Society & Anr. v. The Chief Secretary, Govt. of Nct of Delhi & Ors.
- 2018 Authorized Officer, State Bank of Travancore and Another v. Mathew K. C.
- 2015 M/s. Shree Bhagwati Steel Rolling Mills v. Commissioner of Central Excise & Anr.
- 1986 Girdhari Lal & Sons v. Balbir Nath Mathur & Ors.
- 2000 State of Andhra Pradesh v. Polamala Raju @ Rajarao
- 1971 Municipal Corporation of Delhi v. Shiv Shankar
- 2002 M/s. Unique Butyle Tube Industries Pvt. Ltd. v. U.P. Financial Corporation and Ors.
- 1996 Reserve Bank of India and Ors. v. Peerless General Finance and Investment Company Ltd. and Anr.
- 2003 Kishorebhai Khamanchand Goyal v. State of Gujarat and Anr.
- 2013 Standard Chartered Bank v. V. Noble Kumar & Others
- 2013 The Official Liquidator, U.P. and Uttarakhand v. Allahabad Bank and Ors.
- 2006 A.N. Roy, Commissioner of Police and Anr. v. Suresh Sham Singh
- 2005 Rani Kusum v. Kanchan Devi and Ors.
- 1978 Janardan v. State of Maharashtra
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