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Home › Indian Laws › Banking Regulation Act, 1949 › Section 36B
Banking Regulation Act, 1949 · Section guide

Section 36B: High Court defined

Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026

Section 36B — High Court defined. Defines “High Court” for Part III by reference to the relevant banking company/location; jurisdiction is statutory and should. Be fixed before filing a winding-up application.

Official statute linkedProvision-specific anatomyPractical case + evidence file
Official text: DFS consolidated Act

Statutory structure and provision map

This map is a provision-specific explanation, not a substitute for the exact statutory text.

Core statutory rule

Defines “High Court” for Part III by reference to the relevant banking company/location.

Condition / limitation

jurisdiction is statutory and should be fixed before filing a winding-up application.

Source and effective-date control

Apply the wording of Section 36B that was in force on the event date; use the official Act and any applicable commencement/amending instrument linked on this page.

Professional application

State the definition’s territorial test and both relevant Parts; the present map mentions only Part III.

Evidence / working-paper checklist

  • Section 36B evidence: RBI/Central Government order or scheme.
  • Section 36B evidence: service/hearing record and reasons.
  • Section 36B evidence: board/management handover or acquisition documents.
  • Section 36B evidence: consequential appointment, compensation or tribunal records.

Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.

Common mistakes to avoid

  • For Section 36B, avoid treating an intervention power as an ordinary governance power.
  • For Section 36B, avoid missing the opportunity/hearing or service step specified by the Act.
  • For Section 36B, avoid failing to implement the consequential disqualification/vesting/management effects.

Current-law source control

Source control: Section 36B is anchored to the official DFS consolidated text; later changes require separate Gazette verification.

Dated matters: verify any later Gazette, RBI direction or binding judgment affecting Section 36B on the event date.

Professional reading note

Professional reading note — Section 36B should be applied as a sequence, not as an isolated heading. Start with the factual trigger

for high court defined, then test the operative proposition: Defines “High Court” for Part III by reference to the relevant banking company/location.

Next confirm the limiting or interaction point: jurisdiction is statutory and should be fixed before filing a winding-up application. The working file

should be capable of showing why the section applies to the relevant bank or person, which statutory version governs the event date,

and which documentary record proves the conclusion. Useful evidence on this page includes Section 36B evidence: RBI/Central Government order or scheme and

Section 36B evidence: service/hearing record and reasons. Read the provision in sequence with Section 36AI — Tribunal to have powers of a

civil court and Section 36AJ — Procedure of Tribunal. This method keeps the legal answer tied to the provision itself while allowing

RBI directions, rules and later instruments to be layered on only where their own scope actually applies.

Disclaimer

This Finin2min page is an educational and professional reference. Banking regulation is fact-, entity- and date-sensitive. Verify the current Act, Gazette amendments and commencement notifications, applicable RBI Rules/directions and the transaction record before acting or filing.