Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Recovery of Debts Due to Banks and Financial Institutions Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Recovery of Debts Due to Banks and Financial Institutions Act, 1993: Sections 18, 19, 31 and 34.Bank-Suit against Debtor-company in High Court-Disposed on 29.3.1994 by single Judge-Appeal-Disposed by Division Bench on 11.8.1998-Consequently suit remanded to single Judge-Enforcement of 1993 Act w.e.f 27.4.1994 i.e. during pendency of appeal-Jurisdiction of Court-Held ousted-Held suit was pending on the date of commencement of Act-therefore liable lo be transferred to the Tribunal under the 1993 Act. Debtor company-Suit filed against bank-Suit in the nature of a counter-claim-Issues in debtor-company's suit integrally connected with issues in suit filed-by bank-Held suit filed by debt-company has to be tried by Tribunal.Court-Changes in law affecting pending actions-Duty of Court to take judicial notice of changes in law. Statutory interpretation-Principle of purposive construction-'Causus omissus'-Statute-Gap-Power of court to fill.Suit-Disposal-Appeal-Remand of suit by appellate court-Effect of.Judicial notice-Applicability of. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 2000 INSC 434 |
Petitioner | United Bank Of India, Calcutta |
Respondent | Abhijit Tea Co. Pvt. Ltd. And Ors. |
SCR | [2000] Supp. (3) S.C.R. 153 |
Judgement Date | 2000-09-05 |
Case Number | 4897 |
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