Goroba Pandurang Gadekar vs The State Of Maharashtra And Others on 3 August, 2017
Author
They submitted that though the guarantors are
included in the definition of 'borrower' in Section 2(f) of the Act,
however ... action under the Act, the
borrowers are of two kinds; i.e. 'borrower-in fact' and 'borrower-in
law'. Referring
Maharashtra
State Cooperative Bank Ltd. & Ors 9.
(m) Borrowing a definition from one statute into another
cannot be permitted.(Apex Cooperative Bank,
Venkataeshwar Hatcheries ... Excise
Act it has been so adopted and in other cases the
definition of the term 'Manufacture' under the FTP
has been continued
have served the
notice to the guarantor and the borrower as the definition of
'borrower' provided under Section ... Rules, therefore, it is also required that the definition of
'borrower' be also referred to, which is reproduced as under
defendant no.-1 bank. Therefore, plaintiffs clearly fall
within the definition of "borrower" under Section 2(f) of SARFAESI ... SARFAESI Act. The
plaintiffs being guarantor fall within the definition of "borrower" as
noted above and their remedy against the action taken
Income-tax Act, 1961 . General rule of statutory interpretation permits borrowal of definition
from supplementary Acts/Rules/Regulation. Accordingly, the Safe Harbor Rule which ... under section 119 of the Income-tax Act, the
definition mentioned therein could be borrowed and adopted herein. According to Rule 10TA
behalf of Respondent No.1.
8] Mr. Andhyarujina submits that definition of "borrower", as
defined under clause (f) of sub-section ... would reveal that legal heirs of the borrower are not
included under the said definition. He submits that, a conjoint reading
of all sub-sections
borrower or by the person
other than the borrower:]
[PROVIDED FURTHER that no appeal shall be
entertained unless the borrower has deposited with
the Appellate ... order passed under Section 17 of the
Securitization Act. The definition of „borrower‟ in Section 2(1) (f)
of the Securitization Act includes a guarantor
Hakkimuddin Taherbhai Shakor ... vs State Of Gujarat & on 30 March, 2017
Author: J.B
Court
though was dwelling upon Clause 4.1 of the Policy;
however, borrowed the definition of 'family' from M.P.
Fundamental Rules