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1 - 7 of 7 (0.23 seconds)Section 39A in The Banking Regulation Act, 1949 [Entire Act]
Joseph Kuruvilla Vellukunnel vs The Reserve Bank Of India And ... on 7 March, 1962
In this regard,
l
reiied upon the decision of the Supreme Court in
Hanumaiah's case (AIR 2008 SCW 540) wherein the
observations of the Supreme Court in Joseph Kurnivilla
Velukunnel vs Reserve Bank of India ~ AIR
1371 is extracted in para 14 which is H
"(44) These observations . cleiariiy .
there may be occasions ai1c1"'~.situations_iiiV w.__hieh'the * '
legislature, may "_ think-v..AAthat the
determination of an lei't_to an expert
executive like than to courts
without incurring' having the law declared
void. Thextaw, thus is justified on the ground of
A_ expefdieificyyp arising..__from the respective opportunities for
the exclusion of Courts is not lightly
to Vibe nor lightly to be conceded. The
'greasoraableness of such a law in the total circumstances
"if challenged have to be made out to the ultimate
giéltisfaction of this C d it is only when this court
22
considers that is its reasonable in the individual
circumstances that the iaw wiil be upheid.
(45) In the present case, in View of the
establishment of the Reserve Banjkmas' 'a y_c'entrai:
Minerva Mills Ltd. & Ors vs Union Of India & Ors on 31 July, 1980
Because the Reserve without the
concurrence aft and the finding
by the borrow the macabre
phrase of R.a;7nan \ _a postmortem examination
of the l.cor.pse':_*._"o.f'-.._the banking company".
Rajagopal, learned counsel, further
the aggrieved members of the
supercededcommittee can avail the right of post
.hc'zecisiona"1 hearing. In this regard, relied upon a
p'_.'decision in LIBERTY ox. MILLS vs. UNION OF INDIA --
l
24
[1984] 3 SCC 465. The counsel further submitted that
the RBI had directed the Registrar to enquire
matter. Therefore, necessarily enquiry _
held u/s.64 and 65 and as we11s.29'i'c)"'the "' it
Therefore, the petitioners have an
decisionai hearing.
Section 31 in The Banking Regulation Act, 1949 [Entire Act]
Section 39 in The Banking Regulation Act, 1949 [Entire Act]
The Banking Regulation Act, 1949
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