Securitisation and Reconstruction of Monetary Property and Enforcement Safety Curiosity Act, 2002 ; Part 14 – The District Justice of the Peace, Chief Metropolitan Justice of the Peace will not be a persona designata for the needs of Part 14 of the SARFAESI Act – Further District Justice of the Peace and Further Chief Metropolitan Justice of the Peace can train powers underneath Part 14.
Securitisation and Reconstruction of Monetary Property and Enforcement Safety Curiosity Act, 2002 ; Part 14 – Step to be taken by the CMM/DM underneath Part 14 is a ministerial step. Whereas disposing of the appliance underneath Part 14 of the SARFAESI Act, no factor of quasi judicial perform or software of thoughts would require -The Justice of the Peace has to adjudicate and resolve the correctness of the knowledge given within the software and nothing extra. Due to this fact, Part 14 doesn’t contain an adjudicatory course of qua factors raised by the borrower towards the secured creditor taking possession of secured property. (Para 8)
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Code of Prison Process, 1973 ; Sections 11, 12, 15, 16, 17, 19 and 35- The Further Chief Metropolitan Justice of the Peace will be stated to be at par with the Chief Metropolitan Justice of the Peace in as far as the powers to be exercised underneath the Cr.PC are involved – The Chief Metropolitan Justice of the Peace as well as, might have administrative powers. (Para 10-10.1)
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