Special provisions for assessing damages against delinquent directors, etc
Section 45H of the Banking Regulation Act, 1949 deals with special provisions for assessing damages against delinquent directors, etc. Where an application is made to the High Court under [section 543 of the Companies Act, 1956 (1 of 1956)] against any promoter, director, manager, liquidator or officer of a banking company for repayment or restoration of any money or property and the applicant makes out a prima facie case against s The Act came into force on 16 Mar 1949.
1[45H. Special provisions for assessing damages against delinquent directors, etc.--(1) Where an application is made to the High Court under 2[section 543 of the Companies Act, 1956 (1 of 1956)] against any promoter, director, manager, liquidator or officer of a banking company for repayment or restoration of any money or property and the applicant makes out a prima facie case against such person, the High Court shall make an order against such person to repay and restore the money or property unless he proves that he is not liable to make the repayment or restoration either wholly or in part:
Provided that where such an order is made jointly against two or more such persons, they shall be jointly and severally liable to make the repayment or restoration of the money or property.
(2) Where an application is made to the High Court under 2[section 543 of the Companies Act, 1956 (1 of 1956)] and the High Court has reason to believe that a property belongs to any promoter, director, manager, liquidator or officer of the banking company, whether the property stands in the name of such person or any other person as an ostensible owner, then the High Court may, at any time, whether before or after making an order under sub-section (1), direct the attachment of such property, or such portion thereof, as it thinks fit and the property so attached shall remain subject to attachment unless the ostensible owner can prove to the satisfaction of the High Court that he is the real owner and the provisions of the Code of Civil Procedure, 1908 (5 of 1908) relating to attachment of property shall, as far as may be, apply to such attachment.]
Section 45H, The Banking Regulation Act, 1949 (Act 10 of 1949).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 45H
What does Section 45H of the Banking Regulation Act deal with?
Section 45H of the Banking Regulation Act is headed "Special provisions for assessing damages against delinquent directors, etc". [45H. Special provisions for assessing damages against delinquent directors, etc.--(1) Where an application is made to the High Court under [section 543 of the Companies Act, 1956 (1 of 1956)] against any promoter, director, manager, liquidator or officer of a banking company for repayment or restor
How do I find court cases under Section 45H of the Banking Regulation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Banking Regulation Act 1949 45H, section 45H Banking Regulation Act 1949, section 45H of the Banking Regulation Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 45H of the Banking Regulation Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 45H of the Banking Regulation Act come into force?
Section 45H of the Banking Regulation Act, cited as Banking Regulation Act 1949 45H, came into force on 16 Mar 1949, having been enacted on 10 Mar 1949. It is in force as at the date shown on this page.
Other sections of this Act
- 56. Act to apply to co-operative societies subject to modifications5544 words
- 45. Power of Reserve Bank to apply to Central Government for suspension of business by a banking company and to prepare scheme of reconstitution or amalgamation2310 words
- 10B. Banking company to be managed by whole time chairman1171 words
- 5. Interpretation1164 words
- 43A. Preferential payments to depositors1031 words
- 11. Requirement as to minimum paid-up capital and reserves988 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 25 Oct 2026. This page is not a substitute for legal advice.