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Central Act · India · General Rules Of Construction

Section 13 Gender and number

General Clauses Act, 1897 · Edition: Archived India Code central text

In all 2[Central Acts] and Regulations, unless there is anything repugnant in the subject or context,—

(1) words importing the masculine gender shall be taken to include females; and

(2) words in the singular shall include the plural, and vice versa.

Source document ↗

Judgments on Section 13

LOK 2019 (4) SC 29 · Supreme Court of India

Dharani Sugars and Chemicals Ltd. v. Union of India

Equivalent citations: 2019 INSC 457 : 2019 (1) BankJ 1 : JT 2019 (4) SC 206 : 2019 KLT (Online) 3005 : 2019 (5) Scale 629 : (2019) 5 SCC 480 : 2019 KHC 6385

SubjectBanking Law, Constitutional Law, Insolvency and Bankruptcy
JudgesJustice R.F. Nariman, Justice Vineet Saran
ActsBanking Regulation Act, 1949 (Sections 21, 35A, 35AA and 35AB); Reserve Bank of India Act, 1934 (Section 45L); Insolvency and Bankruptcy Code, 2016 (Sections 3(12) and 7); General Clauses Act, 1897 (Section 13); Constitution of India (Article 14)

By a circular dated 12.02.2018, the RBI replaced its earlier restructuring schemes with a revised framework for stressed assets. For accounts with aggregate exposure of INR 2000 crore and above, if a resolution plan was not implemented within 180 days of default, lenders had to file insolvency applications within 15 days. The circular cited Sections 35A, 35AA and 35AB of the Banking Regulation Act and Section 45L of the RBI Act as its sources of power. Power generation companies and other sectors challenged Sections 35AA and 35AB as manifestly arbitrary and unguided, and the circular as ultra vires. They relied on Parliamentary Standing Committee reports on the power sector’s problems, many caused by government policy.