taxing statute cannot be
borrowed unless and until specifically provided in such Act. The respondent
is attempting to borrow definition of 'manufacture' from ... absence of specific provision in 1963 Act, it was impermissible to
borrow definition from Central Excise Act which is an independent Act
levying a different
submitted that the Petitioner does not fall within the definition of 'borrower'
under Section 2(1)(f) of the SARFAESI ... submitted that accordingly the
Petitioner would come within the definition of borrower under Section 2(1)
(f) and the second proviso to Section
such finding, the High Court thereafter
proceeded to consider the definition of the expression “borrower”
as defined under Section 2(1)(f) of the SARFAESI ... principal borrower, yet he
would fall within the definition of the expression “borrower” as
3
defined under Section 2(1)(f) of the SARFAESI
land impugned was not a major port, as per the
definition borrowed under Finance Act, 1994 . Matter is remanded with above
directions.
3|Page
Prakash Parmar v.
Government of M.P., 2012 (4) MPLJ 539 wherein definition of Family
was considered in terms of M.P. Fundamental Rules ... Court though
was dwelling upon Clause 4.1 of the Policy;
however, borrowed the definition of 'family' from
M.P. Fundamental Rules
Section 13 against
the borrower.
16. The Borrower is defined in Section 2(f) as under :-
"Borrower" means any person who has been ... will be only in the hands of the borrower and the definition of
borrower implies that any person ; will mean the person claiming
through borrower
defined in the
Act. Therefore, we may justifiably borrow the
definition of the expression "agent" from Section
182 of the Contract
less. He submitted that the Mortgagor is covered under
the definition of Borrower under Section 2(1)(f) of the SARFAESI Act
and therefore
SARFAESI Act.
20. Importantly, the remedy of a borrower and/or any person aggrieved by
the actions of the Bank under Section ... Bank argues that the appellant, who comes within the
broad definition of "borrower", being a guarantor, could have made a
representation or raised
further, it may be relevant to refer to the
definition of the term 'borrower' as defined under clause (f) of
Section ... SARFAESI Act are not confined to the borrower alone. A
borrower of the loan or any person aggrieved by the measures
under Section
