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State of Kerala and ors. Vs. Ms. Mar Appraem Kuri Co.Ltd. and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Article 254(1); Kerala Chitties Act 23 of 1975 - Section 15; Central Chit Funds Act 40 of 1982 - Article 254(1), Section 1(3), 85(a), 90(2); The U.P. Civil Laws (Reforms and Amendment) Act 57 of 1976 ; Code of Civil Procedure (Amendment) Act 104 of 1976 ; Central Act - Section 20; General Clauses Act, 1897 - Section 6 ; Orissa Mining Areas Development Fund Act, 1952

challenged the vires of Section 4(1a) of the 1975 Act as repugnant under Article 254(1) to the Central Chit Funds Act, 1982. Questions to be answered7. Whether making of the law or its commencement brings about repugnancy or inconsistency as … which may extend to six months, or with fine which may extend to three hundred rupees, or with both.Section 15 - Security to be given by foreman (1) Every foreman shall, before the first drawing of the chitty,-

Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Subject : Civil

Acts : Kerala Chitties Act, 1975 - Sections 2(4), 3, 3(1), 3(2), 4, 4(1), 5, 6, 6(3), 11, 12, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26, 29, 34, 35, 39, 40, 42, 43, 55, 56, 59, 60, 67, 72, 89 and 220; Kerala Finance Act, 2002; Chit Funds Act, 1982 - Sections 1(3), 2, 4(1), 7(3), 8, 9(1), 20 and 90; Constitution of India - Articles 14, 19(1), 226, 245 to 255; Companies Act; Finance Act, 2002 - Sections 3(5) and 4; Kerala Chittis (Amendment) Act, 2002

Reported in : AIR2005Ker253; [2005]126CompCas586(Ker); 2005(3)KLT332

view, cannot be read in isolation. The same has to be read along with Section 1(3) of the Chit Funds Act, 1982. Section 1(3) of the Act states that the Chit Funds Act, 1982 shall come into force on such date … in that State he will record the same and shall not call for further security being furnished under Section 15 of the Kerala Act from the same Foreman for the same chitty. Learned Single Judge also found if

Soudambika Finance Pvt. Ltd. Coimbatore and Etc. Etc. Vs. Union of Ind ...

Court : Chennai

Subject : Civil

Acts : Chit Funds Act, 1982 - Sections 4(3), 5, 6(1, 2 and 3), 7(2), 8, 12, 13, 14, 15, 16(2 and 3), 17(2), 18(4 and 5), 19, 20(1), 21, 22(2), 24, 28, 29, 30, 31, 39(2), 48(1), 50, 64, 75, 76, 77 and 79; Constitution of India - Articles 14, 19(1), 245 and 246; Chit Funds (Pondicherry) Rules, 1986; Pondicherry Chit Funds Act, 1966; Chitties Act, 1964; Cochin Kuris Regulations, 1932; Indian Penal Code (IPC), 1860; Reserve Bank of India Act, 1934 - Sections 45-N and 451; Tamil Nadu Chit Fund Rules, 1984 - Rules 4A, 13, 18(4 and 5), 28, 31 and 63; Companies Act, 1956 - Sections 39(2) and 48; Indian Registration Act, 1908

Reported in : AIR1993Mad190; [1995]82CompCas302(Mad)

considered and dealt with in common.2. The above writ petitions involve challenge to the constitutional validity of the Chit Funds Act, 1982 (Central Act 40 of 1982), hereinafter referred to as 'the Act' and the Tamil Nadu Chit Funds Rules, … personal loans; 27 per cent were meant for the commerce sector and 15 per cent were professional loans. 'Industry' and 'agriculture' got a negligible proportion, … provided for. Accordingly, a new Cl. 77 was added. These clauses in the Bill correspond to the respective sections in the Act. The other amendments proposed by the Committee are of a clarificatory nature and are only

The Mayavaram Financial Chit Corporation Ltd. Vs. R. Narayanan and Two ...

Court : Chennai

Subject : Civil

Acts : Chit Funds Act, 1982 - Sections 64 and 85; Code of Civil Procedure (CPC) , 1908 - Sections 9; General Clauses Act, 1897 - Sections 6; Pondicherry Chits Funds Act, 1966

Reported in : 1996(2)CTC170

not maintainable?2. Whether the Court has no jurisdiction to try this suit in view of Section 64 of Chit Funds Act, 1982 and only an arbitration would lie before the Registrar of Arbitration?3. Whether the defendants made number of payments … the Pondicherry Chit Funds Act, as it was prevalent then as evidenced from Exs.A-14 to 17 Exs.A-14 and 15 reveal that though the certificate given by the Registrar of Chits, Karaikkal is dated 15.12.1986, the operative portion

Moodalagiriyappa K L Vs. M/s Sree Gokulam Chit And Finance Co (p) Ltd

Court : Karnataka

Subject : Land Acquisition

-8- iv) The alleged chit transactions were contrary to Sections 6, 7, 10, 32 and 33 of the Chit Funds Act, 1982 and Section 25 of the Madras Chit Funds Act, 1961, Rules 64 and 65 of the Chit Funds … requires the court to be more cautious. It casts an onerous and more diligent duty on the court. xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it

Smt. Leela M Vs. M/s Sree Gokulam Chit & Finance Co P Ltd

Court : Karnataka

Subject : Land Acquisition

-8- iv) The alleged chit transactions were contrary to Sections 6, 7, 10, 32 and 33 of the Chit Funds Act, 1982 and Section 25 of the Madras Chit Funds Act, 1961, Rules 64 and 65 of the Chit Funds … requires the court to be more cautious. It casts an onerous and more diligent duty on the court. xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it

Smt. Jayamma G Vs. M/s Sree Gokulam Chit And Finance Co (p) Ltd

Court : Karnataka

Subject : Land Acquisition

-8- iv) The alleged chit transactions were contrary to Sections 6, 7, 10, 32 and 33 of the Chit Funds Act, 1982 and Section 25 of the Madras Chit Funds Act, 1961, Rules 64 and 65 of the Chit Funds … requires the court to be more cautious. It casts an onerous and more diligent duty on the court. xv) When a prayer for quashing the FIR is made by the alleged accused and the court when it

Mar Appraem Kuri Company Ltd. Vs. Tomy and anr.

Court : Kerala

Subject : Company

Acts : Chit Funds Act, 1982 - Sections 4

Reported in : [1999]96CompCas718(Ker)

was raised by the defendants/respondents that the plaint chitty was started in Bangalore and, therefore, only the Central Chit Funds Act, 1982, is applicable (which came into force on January 2, 1984). But, to conduct the above-said two chitties no … to conduct the above-said two chitties no sanction was accorded nor had they been registered in accordance with Section 4 of the Central Chit Funds Act and, therefore, the plaintiff kuri transaction is illegal. Yet another contention … in their branch office at Bangalore on April 5, 1988, and September 15, 1987, in which the first respondent/first defendant joined as a subscriber and

Mr Sahaji P B Vs. State of Karnataka

Court : Karnataka

Subject : Service Tax

C.C. 3503/2014 declining to discharge the petitioners in relation to offences punishable under Sections 4 and 76 of Chit Funds Act, 1982 (hereinafter for short referred to as ‘the Act’) and Section 420 of the Indian Penal Code. 3 2.

Angel's Consultants Pvt. Ltd. and Anr. Vs. Anand Mehta and Co. and Anr ...

Court : Kolkata

Subject : BankingContract

Acts : Bengal Money-Lenders Act, 1940 - Sections 2(13), 8, 13 and 13(3); ;Reserve Bank of India Act, 1934 - Section 45

Reported in : 2005(1)CHN357

Court at pages 251, 252 of the judgment that it will bo noticed from Section 3 of the Chit Funds Act, 1982 that the said section which overrides other laws, memorandum or articles of association or bye-laws or any agreement … Sil, J.1. Both the suits have been taken up together for hearing in terms of the order dated 15th July, 2002 passed by Mr. Justice Sengupta in C.S. No. 32 of 2002. Accordingly common issues in both