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THE 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.....

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Tamil Nadu Debt Relief Act, 1972 Complete Act

State: Tamil Nadu

Year: 1972

..... 21. Power of Court to reject certain claims. 22. Alienations by debtor. 23. Appeals. 24. District Collector to furnish information as to facts. 25. Executive authorities of local bodies to furnish information as to certain facts. 26. Saving of operation of other laws. 27. Power to make rules. 28. Rules and notification to be placed before the Legislature. [Received the assent of the President on the 8th December 1972, first published in the Tamil Nadu Government Gazette Extra-ordinary on the 15th December 1972.] An Act to provide for the relief of certain indebted persons in the State of Tamil Nadu. Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-third Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. SHORT TITLE " This Act may be called the Tamil Nadu Debt Relief Act, 1972. 2. DEFINITIONS " In this Act, unless the context otherwise requires,- (1) "creditor" includes his heirs, legal representatives and assigns; (2) "debt" means any liability in cash or kind, whether secured or unsecured, due from a debtor whether payable under a decree or order of a civil or revenue Court or otherwise.....

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The Tamil Nadu Agriculturists Relief Act, 1938 Complete Act

State: Tamil Nadu

Year: 1938

.....of Court to reject certain claim. 25. Alienation by debtors. 25-A. Appeals. 26. District Collector to furnish information as to certain facts. 27. Executive Authorities of Local Bodies to furnish information as to certain facts. 28. Power to make rules. An act to provide for the relief of indebted agriculturists in the (Extended to the merged State of Pudukkottai by Section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act 1949 (Tamil Nadu Act XXXV of 1949). "This Act as was in force immediately before the date of the publication of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1932 (Tamil Nadu Act 8 of the 1973) in the State of Tamil Nadu except in the transferred territory and as amended by the latter Act was extended to the transferred territory by Section 25 of that Act). [State of Tamil Nadu]. WHEREAS it is expedient to provide for the relief of indebted agriculturists in the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969). [State of Tamil Nadu]; It is hereby enacted as follows:- CHAPTER I Preliminary 1. SHORT TITLE -" This Act.....

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The Tamil Nadu Debt Relief Act, 1979 Complete Act

State: Tamil Nadu

Year: 1979

.....and shall notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act V of 1908) amend the decree accordingly or enter satisfaction, as the case may be; Provided that all payments made or amounts recovered, whether before or after the date of such publication in respect of any such decree shall first be applied in payment of all costs as originally decreed to the creditor. Notes S.16: Applicability of " (1990) T.l.N.J. 392; - S.16 & 18 Decree by Bombay City Civil Court - not executable before T.N. Court 95 L.W.46 " Benefit under the Act " when debtor is entitled to " (1997) 3 CTC 123; 17. Application for the determination of the amount of debt due " (1) Where any debt incurred before the 14th day of July 1978, other than a decree debt, is due by any person who claims that he was a debtor on that date, the debtor or the creditor may apply to the court having jurisdiction for a declaration of the amount if the debt is due by any debtor on the date of the application. Provided that no such application shall be presented or be maintainable if a suit for the recovery of the debt is pending. Explanation " The court having jurisdiction.....

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Delhi Land Reforms Act, 1954 Complete Act

State: Delhi

Year: 1954

.....the period allowed the Asami pays to the applicant or deposits in the Court the' amount mentioned in the notice, the Court shall enter full satisfaction and dismiss the application and the amount deposited shall be paid to the applicant. Section97 Order for payment on failure to comply with the notice under Section 96 (1) If the Asami, who has been duly served under Section 96, fails to pay or deposit the said amount in the Court and also does not file any objection, the Tahsildar shall make any order for the payment of the amount and in default for the ejectment of the Asami from the holding. (2) If the Asami appears and contests the claim the application shall be treated as a suit and, if necessary, the Court shall order the applicant to pay any additional court-fee payable according to the law relating to suit for arrears of rent or ejectment. (3) If the applicant fails to pay the court-fee within the time so allowed, the application shall be rejected. (4) If the court-fee has been duly paid, the Court shall, where the Asami pleads that the applicant is not the land-holder or that he himself is the Bhumidhar of the holding or any part thereof, transfer the.....

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West Bengal Land Reforms Act, 1955 Complete Act

State: West Bengal

Year: 1955

.....tank-fishery, fishery, homestead, or land used for the purpose of livestock breeding, poultry farming, dairy or land comprised in tea garden, mill, factory, workshop, orchard, hat, bazar, ferries, tolls or land having any other sairati interests and any other land together with all interests, and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth; (8) "Personal cultivation" means cultivation by a person of his own land on his own account (a) by his own labour, or (b) by the labour of any member of his family, or (c) by servants or labourers on wages payable in cash or in kind 1111. Words and brackets ins. by W.B. Act 12 of 1972. [(not being as a share of the produce)] or both: 1212. Proviso and Expln. ins. by W.B. Act 34 of 1977. Provided that such person or member of his family resides for the greater part of the year in the locality where the land is situated and the principal source of his income is 1313. Words subs. for the words "produced from" by W.B. Act 39 of 1978, w.e.f. 3.2.1978. [produce of] such land. 1212. Proviso and Expln. ins. by W.B. Act 34 of 1977. Explanation. The term "family" shall have the.....

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Usury Laws Repeal Act, 1855 Complete Act

State: Central

Year: 1855

.....to be calculated at the rate allowed in the judgment or decree upon the principal sum adjudged, or at such other rate as the Court shall think fit. SECTION 04: CONTRACTS FOR USUFRUCT OF PROPERTY IN LIEU OF INTEREST A mortgage or other contract for the loan of money, by which it is agreed that the use or usufruct of any property shall be allowed in lieu of interest, shall be binding upon the parties. SECTION 05: AMOUNT OF INTEREST TO BE DEPOSITED IN CERTAIN CASES OF CONDITIONAL SALES UNDER BENGAL REGULATIONS Whenever, under the Regulations of the Bengal Code, a deposit may be made of the principal sum and interest due upon any mortgage or conditional sale of land hereafter to be entered into, the amount of interest to be deposited shall be at the rate stipulated in the contract, or, if no rate has been stipulated and interest be payable under the terms of the contract, at the rate of twelve per centum per annum. Proviso Provided that, in the latter case, the amount deposited shall be subject to the decision of the Court as to the rate at which interest shall be calculated. SECTION 06: RATE OF INTEREST ON FUTURE ADJUSTMENTS OF ACCOUNTS In any case in which an adjustment of.....

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Displaced Persons (Debts Adjustment) Act, 1951 Chapter II

Title: Dest Adjustment Proceedings

State: Central

Year: 1951

..... (3) The amount realised from the insurance company under any decree passed under sub-section (2) shall first be applied towards the satisfaction of the debt due from the displaced person, and the balance, if any, shall be refunded to the displaced person. (4) An application under this section may be made either by a displaced person having a claim against the insurance company in the circumstances specified in sub-section (1) or by an assignee or any other person having an interest in the claim of any such displaced person, to the Tribunal within the local limits of whose jurisdiction the displaced person actually and voluntarily resides or carries on business or personally works for gain or, in the case of a displaced bank making an application under this section, within whose limits the bank carries on business, for the determination of the amount due in respect of the claim in accordance with the provisions of sub-section (2). (5) To every proceeding under sub-section (4) the insurance company and all persons interested in the claim shall be made parties: Provided that the Tribunal may at any stage of the proceedings direct that the name of any person whose.....

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Displaced Persons (Debts Adjustment) Act, 1951 Section 16

Title: Debts Secured on Immovable Property

State: Central

Year: 1951

.....creditor. (2) If the creditor elects to retain the security, he may apply to the Tribunal, having jurisdiction in this behalf as provided in section 10, for a declaration of the amount due under his debt. (3) Where in any case, the creditor elects to retain his security if the displaced debtor receives any compensation in respect of any such property as is referred to in sub-section (1), the creditor shall be entitled-- (a) where the compensation is paid in cash, to a first charge thereon: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the compensation paid in respect of the property bears to the value of the verified claim in respect thereof and to that extent the debt shall be deemed to have been reduced; (b) where the compensation is by way of exchange or property, to a first charge on the property situate in India so received by way of exchange: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the value of the property.....

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Displaced Persons Debts Adjustment Act, 1951 Chapter II

Title: Dest Adjustment Proceedings

State: Central

Year: 1951

..... (3) The amount realised from the insurance company under any decree passed under sub-section (2) shall first be applied towards the satisfaction of the debt due from the displaced person, and the balance, if any, shall be refunded to the displaced person. (4) An application under this section may be made either by a displaced person having a claim against the insurance company in the circumstances specified in sub-section (1) or by an assignee or any other person having an interest in the claim of any such displaced person, to the Tribunal within the local limits of whose jurisdiction the displaced person actually and voluntarily resides or carries on business or personally works for gain or, in the case of a displaced bank making an application under this section, within whose limits the bank carries on business, for the determination of the amount due in respect of the claim in accordance with the provisions of sub-section (2). (5) To every proceeding under sub-section (4) the insurance company and all persons interested in the claim shall be made parties: Provided that the Tribunal may at any stage of the proceedings direct that the name of any person whose.....

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