AI Overview...
- Power of Additional District Judge under Section 14 of SARFAESI
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Main Points and Insights:
- Section 14 of the SARFAESI Act explicitly includes the Additional District Magistrate and Additional Chief Metropolitan Magistrate within the scope of District Magistrate for enforcement actions such as taking possession of secured assets Joy Kali Oil Industries Pvt. Ltd. VS Union of India - Current Civil Cases, Capital First Ltd. VS State of Maharashtra - Dishonour Of Cheque, Capital First Ltd. VS State of Maharashtra through the Government Pleader - Crimes, Capital First Ltd. VS State of Maharashtra - Current Civil Cases.
- Courts have held that these additional magistrates possess equivalent powers to District Magistrates under Section 14, enabling them to exercise functions related to enforcing security interests R. D. Jain and Co. VS Capital First Ltd. - Supreme Court, Prafulla Kumar Maheshwari VS Authorized Officer & Chief Manager - Madhya Pradesh, Chellaperumal VS Authorised Officer - Calcutta, Joy Kali Oil Industries Pvt. Ltd. VS Union of India - Current Civil Cases.
- The constitutionality and scope of their powers are supported by judicial interpretations, emphasizing that the legislative intent was to empower these additional magistrates for effective enforcement Joy Kali Oil Industries Pvt. Ltd. VS Union of India - Current Civil Cases, Capital First Ltd. VS State of Maharashtra - Current Civil Cases.
- Some references clarify that powers conferred are akin to those of District Magistrates, including taking possession and executing orders under the SARFAESI Act Chellaperumal VS Authorised Officer - Calcutta, Capital First Ltd. VS State of Maharashtra - Dishonour Of Cheque.
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Analysis and Conclusion:
- The Additional District Judge (or Magistrate), when designated as Additional District Magistrate or Additional Chief Metropolitan Magistrate, possesses the same powers as a District Magistrate under Section 14 of the SARFAESI Act.
- This statutory inclusion aims to facilitate decentralized and efficient enforcement of security interests, especially in the absence or unavailability of a District Magistrate.
- Judicial pronouncements affirm that these magistrates can exercise enforcement powers such as taking possession of secured assets, thereby strengthening the enforcement mechanism under SARFAESI.
References:
- Joy Kali Oil Industries Pvt. Ltd. VS Union of India - Current Civil Cases, Capital First Ltd. VS State of Maharashtra - Dishonour Of Cheque, Capital First Ltd. VS State of Maharashtra through the Government Pleader - Crimes, Capital First Ltd. VS State of Maharashtra - Current Civil Cases, R. D. Jain and Co. VS Capital First Ltd. - Supreme Court, Prafulla Kumar Maheshwari VS Authorized Officer & Chief Manager - Madhya Pradesh, Chellaperumal VS Authorised Officer - Calcutta
Search Results for "Power of Additional District Judge under Sectio 14 of Sarfaesi"
• India - Current Civil Cases
RAJARSHI BHARADWAJ, PRAKASH SHRIVASTAVA
in Section 14 of SARFAESI Act shall deem to mean and include Additional District Magistrate and Additional Chief Metropolitan Magistrate ... for the purposes of Section 14 of SARFAESI Act – Expression “District Magistrate” and “Chief Metropolitan Magistrate” as appearing ... for the purposes of Section 14 of SARFAESI. ... The expression “District#HL_EN....
2010 0 Supreme(Bom) 909 • India - Bombay
D.D.SINHA, MRIDULA BHATKAR
of Security Interest Act (2002), S.14 - Power of District Magistrate under S.14 – The power vested on the District Magistrate or ... A) Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (2002), Ss.13(2), 14:- District ... ... B) Securitization and Reconstruction of Financial Assets and Enforcement ... The District Magistrate had no power#HL_E....
2014 0 Supreme(Cal) 358 • India - Calcutta
TANDON, SUBRATA TALUKDAR
SARFAESI ACT - JURISDICTION OF ADDITIONAL DISTRICT MAGISTRATE - SECTION 20, 3A OF CRPC - SECTION 14 OF SARFAESI ACT - SUMMARYThe respondents say that an application under section 14 of the SARFAESI Act was taken before the District Magistrate and in view of the conferment of the power upon the Additional District Magistrate, such application ha....
2022 0 Supreme(SC) 679 • India - Supreme Court
M. R. SHAH, B. V. NAGARATHNA
Metropolitan Magistrates and Additional District Magistrates can exercise the powers under Section 14 of the SARFAESI Act. ... District Magistrates can exercise the powers under Section 14 of the SARFAESI Act. ... SARFAESI Act - Interpretation of Section 14 - The court discussed the powers and duties of the District Magistrate (DM) and Chief ... in Sec....
2022 0 Supreme(Cal) 335 • India - Calcutta
PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Visalakshi to establish that additional magistrates can exercise powers under section 14 of the SARFAESI Act, and that this provision ... for taking possession of its assets under section 14 of the SARFAESI Act, 2002. ... 14 of the SARFAESI Act. ... The expression 'District Magistrate' and the 'Chief Metropolitan Magistrate' as appearing in Section 14 of the SARFAESI#HL....
• India - Dishonour Of Cheque
B.R.GAVAI, SANDEEP K.SHINDE
in Section 14 of SARFAESI Act shall deem to mean and include Additional Chief Metropolitan Magistrate and Additional District Magistrate ... for the purposes of Section 14 of SARFAESI Act. ... Cr.P.C., Additional District Magistrate shall have such powers of District Magistrate—Since neither Chief Metropolitan Magistrate ... District Magistrate for the purposes ....
• India - Crimes
B.R.GAVAI, SANDEEP K.SHINDE
in Section 14 of the SARFAESI Act shall deem to mean and include Additional Chief Metropolitan Magistrate and Additional District ... Magistrate’ as appearing in Section 14 of the SARFAESI Act shall deem to mean and include Additional District Magistrate and Additional ... Section 14 of the SARFAESI’ Act.
2017 0 Supreme(MP) 917 • India - Madhya Pradesh
VANDANA KASREKAR
Ratio Decidendi: The Additional District Magistrate was authorized to exercise powers under Section 14 of the SARFAESI Act ... Section 14 of the SARFAESI Act. ... Finding of the Court: The court found that the Additional District Magistrate was authorized to exercise powers under ... State of M.P., 2013 (1) MPLJ 117, has held that the Additional District Judge#HL_END....
2013 0 Supreme(AP) 1145 • India - Andhra Pradesh
R.KANTHA RAO
& FI Act, 1993 - SARFAESI Act - Section 14 - Constitution of India,1950 - Article 227 - Section 482 - Criminal Procedure Code - ... Act by Chief Metropolitan Magistrate presently presided by Additional Assistant Sessions Judge would like to confine myself to maintainability ... Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - RDDB ... This criminal petition is filed under Section 482 Cr.P.C to qua....
• India - Current Civil Cases
B.R.GAVAI, SANDEEP K.SHINDE
in Section 14 of SARFAESI Act shall deem to mean and include Additional Chief Metropolitan Magistrate and Additional District Magistrate ... for the purposes of Section 14 of SARFAESI Act. ... Cr.P.C., Additional District Magistrate shall have such powers of District Magistrate—Since neither Chief Metropolitan Magistrate ... District Magistrate for the purposes ....
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