Court : Karnataka
Reported in : ILR1989KAR2506
..... provisions of the state bank of india (subsidiary banks) act 1959. the preamble to the act reads:'an act to provide for the formation of certain government or government associated banks as subsidiaries of the state bank of india and for the constitution, management and control of the subsidiary banks so formed, and for matters connected therewith, or incidental thereto.'section 3 empowers the central government to establish the state bank of mysore and a few other state banks. that section ..... to the contrary is untenable.7. regarding the second question, the contention raised is that a notice of termination had been issued in terms of section 106 of the transfer of property act, terminating the tenancy of the petitioner with effect from 30-6-1985 and not with the end of 1-7-1985 and therefore the notice of ..... 9. next contention of the petitioner is that the bank is an authority under article 12 and hence it cannot evict the petitioner unreasonably or arbitrarily.the state bank of mysore is a state as defined under article 12 is not at all in dispute. the question is whether the action of state bank of mysore in taking eviction proceedings against the petitioner is ..... only supplement the law but do not supplant it.12. the sixth ground is that the petitioner is deprived of his right to carry on business and therefore the eviction is violative of article 19(1)(g) of the constitution. there is no substance in this contention. the state bank of mysore, by asking the petitioner to vacate the .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2007KAR2439; 2007(4)KarLJ700; 2007(3)KCCR1709; 2007(3)AIRKarR495.
..... act, the state bank of mysore is also established, apart from certain other state banks. thus, it is clear that the state bank of mysore is the subsidiary bank of state bank of india section 4(2) of the said act makes it further clear that the state banks established under the provisions of state bank of india (subsidiary banks) act, 1959, are the body corporates with perpetual succession. the body corporate constituting each of the new state banks established, including state bank of mysore, shall consist of state bank ..... members of the delhi police establishment. in this matter, notifications are issued both under section 5 as well as under section 6 of the delhi special police establishment act, 1946. it is the contention of the petitioner that the notifications so issued under sections 5 and 6 of the delhi special police establishment act, 1946, are not in accordance with articles 77 and 166 of the constitution ..... shares of the state bank of mysore are held by state bank of india, which is a government company as defined under section 617 of the companies act.it is not in dispute that under the provisions of prevention of corruption act, 1947, a public servant means as a person as mentioned defined under section 21 of indian penal code. section 21 of indian penal code has got 12 clauses. the relevant .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1979Bom250; (1980)82BOMLR318
..... the state bank of india. they have branches all over india and all the former indian states' banks have been taken over by them as subsidiary banks. the state bank has been created under the state bank of india act of 1955 (no. 23 of 1955) and all the former states' banks and government associated banks were taken over by the state bank of india (subsidiary banks) act, 1959. various kinds of banking business are being carried out by the state bank of india, which ..... functions and partly commercial function, be deemed to be 'other authority' within the meaning of that expression used under article 12.18. after having carefully analysed the provisions of the electricity (supply) act 1948, their lordships drew the conclusion as stated above. while construing this conclusion, the division bench of this court in ramesh krishna rao's case 1975 labic 175 ..... important conditions, which a transport operator had to agree to, waa to issue tha lorry receipts in a certain special form. if that waa done, tha transport operator had to bear full responsibility of loss caused to the bank by the goods not reaching the destination for any reason whatsoever. in other words, they had to agree to the ..... client is discounted and the bill is accompanied by a lorry receipt of the transport operator on the list of the bank and that top in a special form, the contract between the transport operator and the bank does not take place at all. every time a bill is encashed and it is accompanied by a lorry receipt of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : [1998(79)FLR576]; JT1997(8)SC422; 1997(6)SCALE394; (1998)1SCC428; Supp4SCR475; 1998(1)LC107(SC); (1997)3UPLBEC2145
..... between the state bank of india and each of the subsidiary banks, can the employees of the subsidiary banks be considered as employees of the state bank of india? in view of the clear provisions of section 50, it is not possible to come to a conclusion that the employees of the subsidiary banks are, for all practical purposes, employees of the state bank of india. even dehors section 50, looking to the scheme of the state bank of india (subsidiary banks) act, 1959, it ..... the employees holding equivalent or similar ranks in the state bank of india,5. the state bank of india was constituted under the state bank of india act, 1955. under the act the undertaking of the imperial bank was transferred to the state bank of india which was the new bank constituted under the said act to carry on banking business. the preamble to the act states that for the extension of banking facilities on a large scale, more particularly in the ..... or employee.'12. despite this section, it is contended by the petitioner-association that since the subsidiary bank shares a common chairman of its board of directors with the state bank of india, and since the state bank of india has the power to nominate five directors on the board of the subsidiary bank and has power to give directions to the subsidiary bank, the subsidiary bank in fact, is a part of the state bank of india. in .....Tag this Judgment!
Court : Mumbai
Reported in : (1974)76BOMLR552; (1974)IILLJ441Bom; 1974MhLJ845
..... 19. with a view to canvass the aforesaid elaboration mr. dhanuka took us through the several provisions of the state bank of india act, 1955 as also some of the provisions of the state bank of india (subsidiary banks) act, 1959 and he obviously did so to bring out the fact that the state bank was a statutory corporation incorporated for undertaking functions meant to serve public purposes and which were in ..... , and for divers other public purposes it is expedient to constitute a state bank for india, and to transfer to it the undertaking of the imperial bank of india and to provide for other matters connected therewith or incidental thereto'. he referred to s. 3 of the act under which the state bank of india has come to be incorporated or established, which, according to him, ..... features that have been pressed into service by mr. dhanuka. in the first place, the act of 1955 was enacted principally for the purpose of constituting a state bank for india with a view to transfer to it the commercial banking undertaking of the imperial bank of india and to provide for other matters connected therewith or incidental thereto. this becomes very clear from ..... 19(1)(g). in part iv, the state has been given the same meaning as in art. 12 and one of directive principles laid down in art. 46 is that the state shall promote with special care the educational and economic interests of the weaker sections of the people. the state, as defined in art. 12, is thus comprehended to include bodies created for .....Tag this Judgment!
Court : Mumbai
Reported in : (2003)181CTR(Bom)59; 261ITR82(Bom)
..... on the state bank ofindia by the said act of 1959. lastly, by giving subsidy to the state bank of patiala, the state bank of saurashtra, etc., for opening branches, assets were created, but these assets belonged to the subsidiaries. the assets did not belong to the state bank of india. similarly, profits were earned by the subsidiaries and not the state bank of india. at the highest, by giving subsidy under section 48(1) of the act, the state bank of india got ..... question in the affirmative, i.e., in favour of the assessee-bank and against the department.question no. 2 :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the assessee's claim for deduction under section 35b of the act in respect of its foreign branches is allowable ?'arguments :6. mr. r. v. desai, learned ..... senior counsel appearing on behalf of the department, contended that in this case, two points arise for determination. he submitted that the state bank of india was not eligible to claim weighted deduction under section 35b as the state bank of india was not an exporter .....Tag this Judgment!
Court : Karnataka
Reported in : 2009(1)AIRKarR90
..... is governed by the state bank of india [subsidiary banks] act, 1959 [for short 'subsidiary act']. in writ petition no. 37366 of 2003, m/s. vijaya bank, a nationalized bank under the provisions of the banking companies [acquisition and transfer of undertakings] act, 1980 [for short 'acquisition act, 1980'] and is identified under the provisions of the acquisition act, 1980 as a 'corresponding new bank' as defined in terms of section 2[b] of the acquisition act, 1980.2. writ petitioners ..... ; and includes a foreign company within the meaning of section 591 of that act;(da) 'corresponding new bank' means a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970), or under section 3 of the companies (acquisition and transfer of undertakings) act, 1980 (40 of 1980);(nd) 'subsidiary bank' has the meaning assigned to it in the state bank of india (subsidiary banks) act, 1959;11. when these two ..... them under the act, as the charging section -section 3 of the act - read with the scheduled to the act does not fasten the liability on either of the petitioner.12. while the following prayera) issue an appropriate writ of certiorari or a direction in the nature of writ of certiorari quashing the explanation to section 2(h) of the act inserted by the amendment act of 2003, with .....Tag this Judgment!
Court : Chennai
Reported in : (1982)ILLJ413Mad
..... respondent is a subsidiary of the first respondent. section 63(1) of the act empowers the state bank of india, with the approval of the reserve bank of india, to make in respect of a subsidiary bank the regulations not inconsistent with the act and the rules made thereunder, providing for all matters for which provision is necessary or ..... of the state bank of india (subsidiary banks) act, 1959 (no. 38 of 1959), the state bank of india, with the approval of the reserve bank of india and in consultation with the board of directors of the state bank of bikaner and jaipur hereby makes, in supersession of the bank of bikaner ltd, staff provident fund regulations and the bank of jaipur ..... service of the second respondent and since recovery at this stage is not possible it was proposed to the trustees to approve as a special case the a payment of such higher rate of interest. this, to a very great extent, indicates that there is no hard ..... by the learned counsel for the second respondent can be dealt with together. it is urged that the entries relating to transfer of the amount representing the alleged excess interest credited have been made even on 6-7-1976 and the debit has also ..... the said amount was paid by mistake in violation of regulation 12(2) of the state bank of bikaner & jaipur employees provident fund regulations, 1969, framed under s. 63 of the state bank of india (subsidiary banks) act 38 of 1939, hereinafter referred to as the act. the facts on the basis of which the above prayer .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1991(2)ALT600; (1992)ILLJ802AP
..... scrutiny should not result in the court substituting the views for those of the selection committee. 7. the state bank of hyderabad (officers') service regulations, 1979 made in exercise of the power conferred by section 63 of the state bank of india (subsidiary banks) act, 1959 came into force with effect from october 1, 1979. the promotions in question were effected prior to that date. the basis for the promotions ..... was struck down in the earlier w.p. no. 1434 of 1977 dated november 4, 1978. the other criteria concerning performance of appraisal, screening committees, selection committee, final selection and provision for review remained in tact. the circular dated march 19, 1979 while supplementing the previous circular no. per/18 of 1977 dated march 9, 1977 in respect of eligibility criteria ..... for making the selection was unreasonable or arbitrary. the process leading to the stage of interview as mentioned in the circular dated march 7, 1977, is as follows : on a specially designed format the performance of the eligible officers should be incorporated as a first stage. thereafter the screening committee comprising the managing director of the ..... do not propose to take over the functions of the interviewing committee and substitute our impressions about men and matters on the basis of the scanty material which we have. 12. for the above reasons the writ appeal is allowed and the judgment under appeal is set aside. there shall be a direction to respondents 1 and 2 to consider the .....Tag this Judgment!
Court : Kerala
Reported in : AIR1992Ker351
..... the third respondent. 7. questioning the said reply, the present writ petition was filed in this court.8. the learned single judge referred to the provisions of section 52 of the state bank of india (subsidiary banks) act, 1959 and held that the bank was under a duty to maintain confidentiality. the learned judge also held that the power of this court cannot be invoked for the purpose of collection ..... under orders of government or under sections 131 and 133 of the income-tax act, 1961, section 135 or 137 of the companies act, 1956, bankers books evidence act, 1891, section 45(b) of the reserve bank of india act, 1934, section 26 of the banking regulation act, 1949, section 36of the gift-tax act, 1958, section 91(3) of the criminal procedure code, 1973 and section 43 of the foreign exchange regulation act, 1983.12. section 5 of the bankers' books ..... evidence act, 1891 mentions the cases in which .....Tag this Judgment!