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Start Free TrialThe Tamil Nadu Indebted Agriculturists and Indebted Persons (Special Provisions) Act, 1976 Complete Act
State: Tamil Nadu
Year: 1976
.....with the 15th day of January, 1977. (2) Interest shall accrue in respect of a loan obtained from any pawnbroker after the 22nd day of July, 1975". 5. Act to override other laws, contracts, etc. " The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Indian contract Act, 1872, or in any other law for the time being in force, or any custom, usage or contract, or decree or order of a court or other authority. 6. Repeal and saving " (1) The Tamil Nadu Indebted Agriculturists and Indebted Persons (special provisions) No. 2 Ordinance; 1976, is hereby repealed. (2) Notwithstanding such [repeal, anything done or any action taken under the said Ordinance or under the Tamil Nadu Pawnbrokers Act, 1943, as amended by the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act or, as the case may be, of the Tamil Nadu Pawn brokers Act, 1943, as amended by this Act. Tamil Nadu State Acts
List Judgments citing this sectionThe Tamil Nadu Indebted Persons (Tempoary Relief) Act, 1976 Complete Act
State: Tamil Nadu
Year: 1976
.....being also prayed for in such suit. 5. Stay of proceedings " (1) All further proceedings in suits and applications of the nature mentioned in section in section 4 in which relief is claimed against an indebted person, not being proceedings for the amendment of pleadings or to the addition, substitution, or the striking off of parties, but otherwise, inclusive of proceedings consequent on orders or decrees made in appeals, revision petitions, or applications for review, shall, subject to the next succeeding sub-section, stand stayed until the expiry of two years from the date of commencement of this Act; Provided that in regard to property under attachment the court may pass such orders as it deems necessary to the custody or preservation of the property or for the sale of such property if it is subject to speedy or natural decay, or in respect of it, the expenses of custody or preservation are considered excessive. (2) On application made by the defendant or the respondent or by all the defendants or all the respondents , as the case may be, the stay effected by sub-section (1) in a suit or application shall be dissolved and the suit or application shall be proceeded.....
List Judgments citing this sectionThe Tamil Nadu Indebted Agriculturists(Temporary Relief) Act, 1976 Complete Act
State: Tamil Nadu
Year: 1976
.....the respondent, or one of the defendants or respondents, with respect to whom the question is raised, would have been an agriculturist but for the fact that in the year 1971-72, 1972-73, 1973-74, or 1974-75 he had been assessed to income-tax under the Income-tax Act, 1961, or to agricultural income-tax under the Tamil Nadu Agricultural Income-Tax Act, 1955, or sales tax under the Tamil Nadu General Sales Tax Act, 1959, or under the Central Sales Tax Act 1956, it shall be conclusively presumed that, in refraining from instituting the suit or making the application, the creditor believed in good faith that such defendant or respondent was an agriculturist. NOTES S.5(2): Protection under the Act " Claim of " Certificate of Income Tax Officer Mere production " Officer not examined " Effect of " 1988) 2 M.L.J. 117; 6. EFFECT OF TRANSFER OF IMMOVABLE PROPERTY BY THE DEBTOR. " Every transfer of immovable property by a debtor entitled to the benefit of section 3 or section 4, made on or after the date of commencement of this Act and before the expiry of one year from the said date shall, in any suit or other proceeding, with respect to such transfer, presumed, until the.....
List Judgments citing this sectionTamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975 Complete Act
State: Tamil Nadu
Year: 1975
.....or the respondent, or one of the defendants or respondents with respect to whom the question is raised, would have been an agriculturist but for the fact that in the year ending 1971-72, 1972-73, or 1973-74 he had been assessed to income-tax under the Income-tax Act, 1961, (Central Act 43 of 1961) or to agricultural income-tax under the Tamil Nadu Agricultural Income-Tax Act, 1955 (Tamil Nadu Act V of 1955) or sales tax under the Tamil Nadu General Sales Tax Act, 1959 (Tamil Nadu Act 1 of 1959) or under the Central Sales Tax Act, 1956 (Central Act 74 of 1956) it should be conclusively presumed that in refraining from instituting the suit or making the application, the creditor believed in good faith that such defended or respondent was an agriculturist. 6. EFFECT OF TRANSFER OF IMMOVABLE PROPERTY BY THE DEBTOR " Every transfer of immovable property by a debtor entitled to the benefit of section 3 or section 4, made after the date of the commencement of this Act and before the expiry of a year from the date of this Act, shall, in any suit or other proceedings, with respect to such transfer, be presumed, until the contrary is proved, to have been made with intent to defeat or.....
List Judgments citing this sectionThe Tamil Nadu Indebted Agriculturists(Temporaryrelief) Act, 1954 Complete Act
State: Tamil Nadu
Year: 1954
.....the respondent, or one of the defendants or respondents, with respect to whom the question is raised, would have been an agriculturists but for the fact that in the year ending 1951-52, 1952-53, or 1953-54 he had been assessed to income-tax (Central Act XI of 1922) 1 Substituted by Sec. (4) of the Tamil Nadu Amendment Act XXXVII of 1954 of the words before the expiry of a year from the commencement of this Act. , it shall be conclusively presumed that, in refraining from instituting the suit or making the application, the credit believed in good faith that such defendant or respondent was an agriculturist. NOTES S.5 " Scope of " Limitation " 1962 Ker. LJ 165; S.5: Limitation " When saved (1962) 2 M.L.J. 352; 77 L.W. 727; AIR 1959 Mad. 278; 6. EFFECT OF TRANSFER OF IMMOVABLE PROPERTY BY THE DEBTOR. Every transfer of immovable property by a debtor entitled to the benefit of section 3 or section 4 made after the commencement of the Ordinance and 1 Substituted by Sec. (4) of the Tamil Nadu Amendment Act XXXVII of 1954 for the words before the expiry of a year from the commencement of this Act. [before the 1st March 1955] shall, in any suit or other preceding, with.....
List Judgments citing this sectionThe Tamil Nadu Indebted Agriculturists Repayment of Debts) Act, 1955) Complete Act
State: Tamil Nadu
Year: 1955
.....entertain a suit for recovery of the debt or into the Court which passed the decree, as the case may be, and apply to the Court to record part-satisfaction of the debt. (2) Where any such application is made, the Court shall pass an order recording part-satisfaction of the debt if the amount deposited is the correct amount. (3) The Court shall dismiss the application " (a) if the applicant is not an agriculturist, or (b) if the liability is not a debt, or (c) if the amount deposited is insufficient and the applicant on being required by the Court to deposit the deficit amount within a time fixed by the Court, fails to do so. (4) Any agriculturist entitled to make such deposit may, before the date on which any installment is due, apply to the Court having jurisdiction under sub-section (I) for an extension of time for making the deposit of the whole or any portion of such installment and the Court may, after notice to the creditor, extend the time for payment of such installment or part thereof for such period as it thinks fit. (5) The procedure laid down in the Code of Civil Procedure, 1908 (Central Act V of 1908), for the trial of suits shall, as far as may.....
List Judgments citing this sectionPresidency Towns Insolvency Act, 1909 Complete Act
State: Central
Year: 1909
.....and non-traders has been abolished. Under the Act there is power to appoint special assignees, but it is believed that this power has never in fact beep exercised in recent years. The object of it is to secure for the creditors some control over the proceedings in insolvency, but the fact that it is not made use of appears' to show that it is ineffective for that purpose. It is proposed therefore, for consideration, that the power to appoint special assignees should not be retained, but that there should be power to appoint a committee of creditors to supervise proceedings in cases in which it may be desirable to do so. This procedure is new to Indian law and for that reason it seems inexpedient, in the first instance, to define with any exactness the extent of the control which should be given to such committees. It is thought better to Lave the matter to roles, in order that advantage may be taken of experience. Under the English system the supervising authority for bankruptcy proceedings is the Board of Trade, but ] India we have nothing corresponding to that body; powers of supervision must therefore be left to the Courts.......surrenuering any practical advantage by.....
List Judgments citing this sectionThe Tamil Nadu Cooperative Societies Act, 1983 Complete Act
State: Tamil Nadu
Year: 1983
.....under Omitted by Ibid [ ..] this clause, the Government shall have regard to such volume of transactions and such number of members and such other factors as may be prescribed. (10) "consumer society" means a registered society which has as its principal object the supply of the requirements of its members for the consumption of such members; (11) "co-operative union" means a registered society which has as its principal objects the undertaking of co-operative education, propaganda, training and mobilization of savings; (12) " co-operative year" means the period commencing on the first day of July of any year and ending with the 30th day of June of the succeeding year, or in the case of any registered society or class or category of registered societies, the accounts of which are made up to any other date with the previous sanction of the Registrar, the year ending with such date; (13) "credit society" means a registered society which has as its principal object the raising of funds to be lent to its members for the purposes of agriculture, animal husbandry, pisciculture (including fish catching), apiculture, sericulture, petty trade, cottage and small scale industries.....
List Judgments citing this sectionCompanies Act, 1913 Complete Act
State: Central
Year: 1913
.....either his consent to the alteration has been obtained or bis debt or claim has been discharged or has determined, or has been secured to the satisfaction of the Court: Provided that the Court may, in the case of any person or class, for special reasons, dispense with the notice required by this section. SECTION 13: Power of Court when confirming alteration: The Court may make an order confirming the alteration either wholly or in part, and on such terms and conditions as it thinks fit, and may make such order as to costs as it thinks proper. SECTION 14: Exercise of discretion by Court: The Court shall, in exercising its discretion under sections 12 and 13, have regard to the rights and interests of the members of the company or of any class of them, as well as to the rights and interests of the creditors, and may, if it thinks fit, adjourn the proceedings in order that an arrangement may be made to the satisfaction of the Court for the purchase of the interests of dissentient members ; and may give such directions and make such orders as it may think expedient for facilitating or carrying into effect any such arrangement; Provided that no part of the capital of the.....
List Judgments citing this sectionThe Delhi Cooperative Societies Act, 2003 Complete Act
State: Delhi
Year: 2003
.....to receive, on the issue of the order of amalgamation, division or reorganisation, his share or interest, if he be a member and the amount in satisfaction of his dues, if he be a creditor. (5) On the issue of an order under sub-section (1), the provisions of sub-sections (2), (3) and (4) of section 20 shall apply to the co-operative societies so amalgamated, divided or reorganised as if the amalgamation, division or reorganisation had been made under section 16. Registrar to prepare scheme of amalgamation of co-operative bank in certain cases. 18. (1) When an order of moratorium has been made by the Central Government under sub-section (2) of section 45 of the Banking Regulations Act, 1949 (10 of 1949) in respect of a co-operative bank, the Registrar, with the previous approval of the Reserve Bank in writing, may, during the period of moratorium, prepare a scheme - (a) for the reorganisation of the co-operative bank; or (b) for the amalgamation of the co-operative bank with any other co-operative bank. Liability of a co-operative bank to the Deposit Insurance Corporation. 19. Notwithstanding anything contained in sections 16 and 17 or any other provision of this.....
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