Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

moon   21 December 2021

Deposit act

As per section 5 of depositors act what is procedure for trial


Learning

 7 Replies

Dr J C Vashista (Advocate)     22 December 2021

What did you find from the Act applicable on the subject ?

M V Gupta (Advocate)     22 December 2021

Depositors Act? Tell us the full title of the Act. And the facts of the case and the issue you are facing.

P. Venu (Advocate)     22 December 2021

The posting is a riddle than a query!

moon   22 December 2021

Section 5 of Andhra Pradesh protection of depositors act. What is difference in normall procedures for IPC section and this?

P. Venu (Advocate)     22 December 2021

What prevents you from posting the material facts and the real issue, if any?

Kawmini Liyanage   22 December 2021

Greetings!

In order to answer your query, Section 05 of The Depository Act [THE JAMMU AND KASHMIR PROTECTION OF INTERESTS OF DEPOSITORS (IN FINANCIAL ESTABLISHMENTS) ACT, 2018]

"The Competent Authority shall make an application to any court having jurisdiction to try similar cases or deal with the subject matter pertaining to money or property belonging to a Financial Establishment or any person specified in section 3 situated within the territorial jurisdiction of that court for appropriate orders."

Section 8 of the Act grants jurisdiction to the Court as follow;

"–(1) For the purpose of this Act, the Government may, with the concurrence of the Chief Justice of the Jammu and Kashmir High Court, by notification, designate one or more session courts for such area or areas or such case or cases as may be specified in the notification for trial of offences under the Act.

(2) Any pending case in any other court to which the provisions of this Act apply shall stand transferred to the Designated Court.

(3) When trying any case, the Designated Court may also try any offence, other than an offense specified in  section 6, with which the accused may, under the Code of Criminal Procedure, 1989 be charged at the same trial."

Therefore, the matter should be filed at a Session Court within the Jammu Kashmir jurisdiction. 

Regards,

Kawmini Liyanage.

M V Gupta (Advocate)     24 December 2021

@Kwamini Liyanage, the querist refers to AP Protection of Depositors Act. Not J&K Act. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register