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Oct 19 2001

Vijayapuram Chit Fund Vs. M.M. Farook and anr.

Court : Chennai

Decided on : Oct-19-2001

Subject : CommercialCivil

Acts : Chit Funds Act, 1982 - Sections 33(1)

Reported in : AIR2002Mad273

the appellant on the ground that the suit is not maintainable in view of Section 4 of the Chit Funds Act, 1982. Further the appellant did not issue any notice demanding the money and hence the suit is liable to … decree dated 14-10-1988 dismissed the suit, finding that the appellant failed to comply with the statutory provision of Section 33(1) of the Chit Funds Act which requires previous notice to the subscriber demanding the arrears. As the appellant

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Jan 03 1997

Sree Visalam Chit Funds Ltd., Through Its Manager Vs. T.V. Kumar and 2 ...

Court : Chennai

Decided on : Jan-03-1997

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 4 and 19; Chit Funds Act, 1982 - Sections 33; Indian Stamp Act, 1899 - Schedule - Article 49

Reported in : 1997(1)CTC284; (1997)IMLJ438

in the suit pronote have been incorporated, as it is a mandatory requirement under Section 33 of the Chit Funds Act, 1982. The learned Subordinate Judge has also erred in thinking that the document must be one evidencing past transaction,

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Sep 09 1999

Dr. Vimala Vs. M/S. Shriman Chits and Investments Pvt. Ltd.

Court : Chennai

Decided on : Sep-09-1999

Subject : ArbitrationCommercialCivil

Acts : Code of Civil Procedure (CPC), 1908 -- Sections 47, 66, 71 -- Rule 50 -- Order 21, Rule 21, 43; Indian Contract Act, 1872 -- Sections 128; Chit Funds Act, 1982 -- Sections 33(1), 64(1), 67; The Arbitration Act, 1940

Reported in : 1999(3)CTC210

In the counter filed by the respondent, it would be urged that (i) under Section 64(1)(b) of the Chit Funds Act, 1982 (hereinafter referred to as the 'Act') a surety can be proceeded against for any dispute relating the chit … scope for initiating proceeding under the Arbitration Act.5. Secondly, there should be a mandatory notice served under Section 33(1) of the Act and this statutory provision has not been complied with at all. Thirdly, a fraud had

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May 31 2005

Dharmodayam Company Vs. Union of India (Uoi)

Court : Kerala

Decided on : May-31-2005

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 … 26 to 29 deal with the signing of minutes, providing security etc. by prized subscribers. Section 30 to 33 deal with transfer of rights by Foreman etc. Section 34 deals with meetings of the general body of

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Jul 13 1993

M/S. Shriram Chits and Investment (P.) Ltd. Vs. Union of India and Oth ...

Court : Supreme Court of India

Decided on : Jul-13-1993

Subject : Commercial

Acts : Chit Funds Act, 1982 - Sections 1(3), 2, 3, 4, 6(3), 9, 12, 13, 16, 17, 20, 21, 25, 48 and 81; Constitution of India - Article 19(1); Companies Act, 1956 - Sections 58A; Prize Chits and Money Circulation Schemes (Banning) Act, 1978; Pondicherry Chit Funds Act, 1966; All-India Chit Fund Act; Reserve Bank of India Act, 1934 - Sections 45I; Andhra Pradesh Chit Funds Act, 1971; Tamil Nadu Chit Funds Act, 1961; Kerala Chitties Act, 1975; Hyderabad Money Lenders Act - Sections 9(2); Banking Regulation Act, 1949; Companies (Acceptance of Deposits) Rules, 1975; Tamil Nadu Chit Funds Rules, 1984 - Rule 62

Reported in : AIR1993SC2063; [1994]79CompCas298(SC); (1994)2CompLJ430(SC); JT1993(4)SC399; 1993(3)SCALE125; 1993Supp(4)SCC226; [1993]Supp1SCR54

Writ Petition Nos.19321/86, 17110/84, etc.2. The above appeals and writ petitions involve challenge to constitutional validity of the Chit Funds Act, 1982 (Central Act No.40 of 1982) (hereinafter called as 'the Act' or 'the impugned Act').3. The various appellants/petitioners are … Limited Companies incorporated under the Companies Act, 1956 or proprietary or partnership concerns or individual organisers. According to Section 1(3) of the Act is will come into force on such date as the Central Government may by

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Jan 12 2023

S.Surendran, vs State of Kerala,

Court : Kerala

Decided on : Jan-12-2023

the court has the jurisdiction to entertain the suit in the light of Section 64 (3) of the Chit Funds Act, 1982 and Rule 47 of the Kerala Chit Funds Rules, 2012.11. After hearing both sides, the court below dismissed … proceeds under Order 14 Rule 2 of the Code, then a decree must be drawn as contemplated under Section 33 of the Code. Once a decree is passed, it is appealableunder Section 96 of the Code. He placed

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Apr 30 1992

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

Court : Chennai

Decided on : Apr-30-1992

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, … 31. W.P. No. 6614 of 1985; 32. W.P. No. 6667 of 1985; 33. W.P. No. 6791 of 1985; 34. W.P. No. 7020 of 1985; 35. … 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

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Nov 06 2019

M/S. Oriental Kuries Ltd. Rep. By Its Chairman P. D. Jose Vs. Lissa

Court : Supreme Court of India

Decided on : Nov-06-2019

Subject : Land Acquisition

v. Mar Appraem Kuri Company Ltd. and Ors.4 The Constitution Bench held that on the enactment of the Chit Funds Act, 1982 which covered the entire field of “chits” under Entry 7 of List III of the Constitution, the Kerala … 1982 prescribes the rights and duties of prized subscribers. Section 31 to 33 in Chapter V read as follows : “31. Prized subscriber to furnish … 3 since the same was started from Mangalore, Karnataka. The Appellant being a trading company, was exempted under Section 13(1)(e) of the Companies Act, 1956 from specifying the States to which the objects would extend in the

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May 08 2012

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

Court : Supreme Court of India

Decided on : May-08-2012

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

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Jun 24 1996

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

Court : Chennai

Decided on : Jun-24-1996

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 defendants. It was also contended that the plaintiff was not entitled to claim future subscriptions under Section 33(5) of the Act, since the defendants had already given property as security. With regard to the rate of

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