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1 - 10 of 10 (0.77 seconds)Indian Overseas Bank vs M/S.Sree Aravindh Steels Ltd on 9 September, 2008
10.But, unfortunately, the judgement in Indian Overseas Bank v. Sree Aravindh Steels Ltd., (cited supra) wherein the earlier Division Bench had taken the view that the term First Class Magistrate as employed in Section 68(2) of the Wakf Act would mean only an Executive Magistrate, was not brought to the notice of the later Division Bench. Thus, there were two Division Bench judgements which are conflicting in nature.
Section 14 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
The Wakf Act, 1995
Jabar Maideen vs Vallam Jumma Pallivasal on 19 October, 2006
In a similar case under the Wakf Act, when Jabar Maideen v. Vallam Jumma Pallivasal Committee (cited supra) case was relied on by a party, yet another Honourable Judge sitting in Madurai Bench expressed his inability to agree with the view taken in the said case. Therefore, he referred the same to a Division Bench.
A.K.Kalifulla vs M.Abdul Khader on 2 September, 2009
15.From the Full Bench judgement, it is crystal clear that the judgement in A.K.Kalifullah v. M.Abdul Khader and Another (cited supra) stands impliedly overruled and the same has lost his life. Therefore, as per the judgements of this Court as referred to above, the term Magistrate as employed in Section 68(4) of the Act would mean only an Executive Magistrate and not the Judicial Magistrate. More so, because, the function of the Magistrate under Section 68 of the Act does not involve any adjudication.
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
K. Arockiyaraj vs The Chief Judicial Magistrate on 27 August, 2013
12.The Full Bench of the Madurai Bench of this Court in K.Arockiyaraj v. The Chief Judicial Magistrate (2013(5) CTC 225) has held that the term District Magistrate as used in Section 14 of the SARFAESI Act would mean only an Executive Magistrate and not a District Magistrate.
Section 3 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
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