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Home Bare Acts Phrase: section 20 of the kerala agriculturists debt relief act was taken into consideration by a larger bench of seven judgesTHE KERALA AGRICULTURISTS' DEBT RELIEF(AMENDMENT) ACT, 1973[1] Complete Act
State : Kerala
Year : 1973
THE KERALA AGRICULTURISTS' DEBT RELIEF(AMENDMENT) ACT, 1973[1] Act 13 of 1973 THE KERALA AGRICULTURISTS' DEBT RELIEF(AMENDMENT) ACT, 1973[1] An Act to amend the Kerala Agriculturists' Debt Relief Act, 1970. Preamble."WHEREAS it is expedient to amend the Kerala Agriculturists' Debt Relief Act, 1970, for the purpose hereinafter appearing; Be it enacted in the Twenty-fourth Year of the Republic of India as follows: " 1. Short title and commencement."(1) This Act may be called the Kerala Agriculturists' Debt Relief (Amendment) Act, 1973. (2) It shall be deemed to have come into force on the 14th day of July, 1970. 2. Amendment of section 2."In clause (4) of section 2 of the Kerala Agriculturists' Debt Relief Act, 1970 (11 of 1970) (hereinafter referred to as the principal Act), for the proviso to paragraph (ii) of sub-clause (a), the following proviso shall be substituted, namely :" "Provided that the right of the bank to recover the sum did not arise by reason of" (A) any assignment made; or (B) any transfer effected by operation of law, subse quent to the 1st day of July, 1957; or". 3. Repeal and saving."(1) The Kerala Agriculturists' Debt Relief.....
List Judgments citing this sectionDebt Relief Act, 1976 Complete Act
Title : Debt Relief Act, 1976
State : Karnataka
Year : 1976
Preamble 1 - KARNATAKA DEBT RELIEF ACT, 1976 Section 1 - Short title, extent and commencement Section 2 - Declaration Section 3 - Definitions Section 4 - Relief from indebtedness Section 5 - Creditors to file statement, etc. Section 6 - Penalty Section 7 - Burden of proof Section 8 - Certain debts and liabilities not to be affected Section 9 - Power to make rules Section 10 - Repeal of Karnataka Ordinance Nos. 15 of 1975 , 19 of 1975 and 21 of 1975
List Judgments citing this sectionTHE KERALA AGRICULTURISTS' DEBTRELIF ACT, 1970 [1] Complete Act
State : Kerala
Year : 1970
.....Act to such decree and shall, notwithstanding anything contained in the Code of Civil Procedure, 1908, amend the decree accordingly or enter satisfaction, as the case may be. (2) The provisions of section (1) shall also apply to cases where, after the commencement of this Act, a court has passed a decree for the repayment of any debt. 9. Right to prove real nature of transaction.-(1) Notwithstanding anything in The Indian Evidence Act, 1872, or in any other law for the time-being in force, any agriculturist may plead, adduce evidence and prove that any transaction, whether reduced to writing or not, and to which he is a party, is really a transaction in respect of a debt or that the amount mentioned therein is not the actual amount of the debt. (2) Where under sub-section (1) the court holds that such transaction is in respect of a debt or fixes the actual amount, the court may pass an order in conformity with the other provisions of this Act. (3) Notwithstanding anything in The Indian Evidence Act, 1872, or in any other law for the time being in force, in the case of any transaction entered into on or after the 14th day of July, 1958, and purporting to be a sale of immovable.....
List Judgments citing this sectionThe Kerala Agricultural Debtors (Temporary Relief)act, 2001 [1] Complete Act
State : Kerala
Year : 2001
.....Act came into force; AND WHEREAS even after this date the agricultural indebtedness in the State continued to be on the increase due to various factors; AND WHEREAS the fall in prices of most of the agricultural commodities and the wide spread debilitating diseases of major crops like coconut, pepper and cashew for the last five years have created panic among the agriculturists in the State; AND WHEREAS the recent flood and earth tremors in various parts of the State have dealt a double blow to those agriculturists; AND WHEREAS several suits and other proceedings have been filed in Courts, Tribunals and other authorities for the recovery of debts accrued from indebted agriculturists; AND WHEREAS it is expedient to provide temporary relief to those agriculturists whose total principal amount of debts do not exceed fifty thousand rupees; BE it enacted in the Fifty Second Year of the Republic of India as follows:- 1. Short title and commencement.--(1) This Act may be called the Kerala Agricultural Debtors (Temporary Relief ) Act, 2001. (2) It shall come into force at once. 2. Definitions.--In this Act, unless the context otherwise requires,-- (i).....
List Judgments citing this sectionTHE KERALA FARMERS' DEBT RELIEF COMMISSION (AMENDMENT) ACT, 2008 Complete Act
State : Kerala
Year : 2008
THE KERALA FARMERS' DEBT RELIEF COMMISSION (AMENDMENT) ACT, 2008 ACT 30 OF 2008 THE KERALA FARMERS' DEBT RELIEF COMMISSION (AMENDMENT) ACT, 2008 AN ACT to amend the Kerala Farmers' Debt Relief Commission Act, 2006. Preamble.- WHEREAS, the Government of Kerala consider it necessary to enhance the representation of farmers in the Kerala Farmers' Debt Relief Commission so as to make its functioning more efficient and to complete within specified period; BE it enacted in the Fifty-ninth Year of the Republic of India as follows:- 1. Short title and commencement. - (1) This Act may be called the Kerala Farmers' Debt Relief Commission (Amendment) Act, 2008. (2) It shall be deemed to have come into force on the 22nd day of May, 2007. 2. Amendment of section 3.- In sub-section (2) of section 3 of the Kerala Farmers' Debt Relief Commission Act, 2006(1 of 2007)(hereinafter referred to as the principal Act),- (1) for the words "five members", the words "seven members" shall be substituted; (2) in item (iii), for the words "two representatives of farmers", the words "four representatives of farmers" shall be substituted. 3. Repeal and Saving.- (1) The Kerala Farmers' Debt Relief.....
List Judgments citing this sectionDebt Relief Act, 1976 Preamble 1
Title : Karnataka Debt Relief Act, 1976
State : Karnataka
Year : 1976
THE KARNATAKA DEBT RELIEF ACT, 19761 [Act, No. 25 of 1976] [12th March, 1976] PREAMBLE An Act to provide relief from indebtedness to small farmers, landless agricultural labourers and weaker sections of the people in the State of Karnataka. W HEREAS it is expedient to provide relief from indebtedness to small farmers, landless agricultural labourers and weaker sections of the people in the State of Karnataka; B E it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the Republic of India as follows:-- ________________________ 1. First published in the Karnataka Gazette Extraordinary on the Thirteenth day of March 1976.
View Complete Act List Judgments citing this sectionThe Kerala Court Fees and Suits Valuation Act, 1959[1]act 10 of 1960 Complete Act
State : Kerala
Year : 1959
.....one thousand] whichever is higher; 26.Adoption Suits.-In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates:- [9][(i) In a Munsiff's Court Rupees fifty if the market value of the property involved in or affected by the relief is Rs.5000 or less Rupees one hundred and fifty if it exceedsRs.5000 but does not exceed Rs.15,000 (ii) In a Sub-Court or a District Court Rupees five hundred.] 27.Suits for injunction.-In a suit for injunction- (a)where the relief sought is with reference to any immovable property, and (i)where the plaintiff alleges that his title to the property is denied, or (ii)where an issue is framed regarding the plaintiff's title to the property. fee shall be computed on one-half of the market value of the property or on [10][rupees five hundred] which ever is higher; (b)where the prayer relates to the plaintiff's exclusive right to use, sell, print or exhibit any mark, name, book picture, design or other thing and is based on an infringement of such exclusive right, fee shall be computed on the amount at which the.....
List Judgments citing this sectionTHE KERALA FARMERS' DEBT RELIEF COMMISSION ACT, 2006 Complete Act
State : Kerala
Year : 2006
.....Act came into force; AND WHEREAS, even after the said date the farmer indebtedness in the State continued to be on the increase due to various factors; AND WHEREAS, certain districts in the State are afflicted by severe distress due to the agrarian crisis, and it ruined many farmers financially and in some cases led to suicide; AND WHEREAS, several suits and other proceedings have been filed in courts, tribunals and other authorities for the recovery of debts accrued from farmers; AND WHEREAS, it is expedient to provide relief to the farmers who are in distress due to indebtedness, by constituting a Commission with power to pass awards after adjudication and recommend appropriate measures for the redressal of the grievances of such farmers through conciliation and negotiation and for matters connected there with or incidental thereto; BE it enacted in the Fifty-seventh year of the Republic of India as follows:-- 1. Short title and commencement - (1) This Act may be called the Kerala Farmers' Debt Relief Commission Act, 2006. (2) It shall come into force at once. 2. Definitions . - In this Act, unless the context otherwise requires, - (i) "agriculture".....
List Judgments citing this sectionThe Kerala Fishermen Debt Relief Commissionact, 2008 Complete Act
State : Kerala
Year : 2008
.....annually and the audit report shall be laid before the Legislative Assembly. 15. Overriding effect of the Act.- The provisions of the Act or any rule or order made thereunder shall have effect, notwithstanding any thing inconsistent therewith contained in any law, other than this Act, or any instrument having effect by virtue of any law other than this Act. 16. Members of the Commission to be public servant.-Every member of the Commission nominated under sub-section (1) of section 3 and the Secretary and other employees appointed under sub-section (4) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code 1860 (Central Act 45 of 1860). 17. Protection of action taken in good faith.-No suit or legal proceeding shall lie against any member of the Commission or Secretary or other Officers for anything which is done or purported to be done in good faith under this Act. 18. Bar of jurisdiction of Civil Court.-No Civil Court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under the Act or the rule made thereunder are required to be settled, decided or dealt with or to be.....
List Judgments citing this sectionThe Kerala Debt Relief Act, 1977 (Act 17 of 1977) [1] Complete Act
State : Kerala
Year : 1977
THE KERALA DEBT RELIEF ACT, 1977 (ACT 17 OF 1977) [1] THE KERALA DEBT RELIEF ACT, 1977 (ACT 17 OF 1977) [1] An Act to provide relief from indebtedness to certain persons in the State of Kerala . Preamble. - WHEREAS it is expedient to provide relief from indebtedness to certain persons in the state of Kerala; BE it enacted in the Twenty-eighth Year of the Republic of India as follows: - 1. Short title, extent and commencement. - (1) This Act may be called the Kerala Debt Relief Act, 1977. (2) It extends to the whole of the State of Kerala . (3) It shall be deemed to have come into force on the 13 th day of January, 1977. 2. Definitions. - In this Act, unless the context otherwise requires, - (1) "appellate authority" means an appellate authority appointed under section 6; (2) "creditor" shall include the heirs, legal representatives and assigns of the creditor; (3) "debt" means any liability in cash or kind, whether secured or unsecured, due from or incurred by a debtor on or before the date of commencement of this Act, whether payable under a contract, or under a decree or order of any court, or otherwise, and subsisting on that date but does not include - any sum.....
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