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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 … K.S. Radhakrishnan, J.1. Writ Petitioners challenge the constitutional validity of Sub-section 1(a) to Section 4 of the Kerala Chitties Act, 1975 introduced by the Kerala Finance Act, 2002 (Act 7 of 2002) with

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 raised

Margadarsi Chit Funt Pvt. Ltd., Hyderabad Vs. Government of Andhra Pra ...

Court : Andhra Pradesh

Subject : Commercial

Acts : Andhra Pradesh Chit Funds Act, 1971 - Sections 2(2 and 10), 3, 4, 5, 6, 8, 10, 12, 13(1), 14(1, 2 and 4), 21(1), 22(1), 27 to 29, 30, 51, 63, 66 and 90; Andhra Pradesh Chit Fund Rules, 1971 - Rules 3(3, 4 and 16) and 20; The Industries (Development and Regulation) Act, 1951; Taxtile Committee Act, 1963 - Sections 2; Chit Fund Act, 1982; Contracts of Employment Act, 1963; Kerala Agriculturists' Debt Relief Act, 1970 - Sections 4(1, 2 and 5)

Reported in : 1999(5)ALD718; 1999(5)ALT548

the State of Andhra Pradesh. The reports and recommendations of those committees were the basis for enactment of Chit Funds Act, 1982 (Central Act 40 of 1982). The Central Act is a comprehensive piece of Legislation, and the dominant purpose … and such certificate shall be conclusive evidence that the Bye-laws of the chit therein mentioned are duly registered. Section 4 of the Act completely prohibits the invitation for subscription to chit without registration of Bye-laws. Section 5 of

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, … of India.16. (a) Mr. K. Chandramouli, learned senior counsel for some of the writ petitioners, contended that under Section 4, the foreman has to apply for registration every time, that an embargo is plaved from a chit being

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

Court : Chennai

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, … not find a place in the suit promissory note, it can be considered as a promissory note. Under Section 4 of the Negotiable Instruments Act, a 'promissory note' is an instrument in writing (not being a bank-note or

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

Court : Supreme Court of India

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 … enact the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (Act 43 of 1978) came up for consideration before this Court in Srinivasa Enterprises

Mayavaram Financial Chit Corporation Ltd. Vs. Deputy Registrar of Chit ...

Court : Chennai

Subject : Commercial

Acts : Chit Funds Act, 1982 - Sections 2, 6, 16(3), 19 and 19(4)

Reported in : [2000]100CompCas366(Mad)

are residing or carry on business, the agreement already entered into as contemplated under Section 6 of the Chit Funds Act, 1982, was altered with the consent in writing of the foreman and the subscribers to the chit with respect … has filed the above writ petition.2. The petitioner has commenced the chit after complying with the requirements under Section 4 of the said Act. The chit agreement also has been entered into between the petitioner and the subscribers

Sanjiv Kumar Vs. Ramwa Chit Funds (P) Ltd.

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 114, 115 and 141 - Order 27, Rule 4 - Order 37 - Order 47, Rule 1; Madras Chit Funds Act, 1961 - Sections 1(3), 3 and 64(1); Chit Funds Act, 1982 - Sections 1; General Clauses Act, 1987 - Sections 3(58) and 5; Union Territories (Laws) Act,1950; Constitution of India - Article 239

Reported in : AIR2006Delhi274; 130(2006)DLT170

for the petitioner submitted that chit funds were earlier governed by Madras Chit Funds Act, 1961 and thereafter Chit Funds Act, 1982 (hereinafter referred to as the Act, for short) was passed by the Parliament and notified by publication in … Sanjiv Khanna, J.1. The present revision petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short) is directed … 16th August, 2005 dismissing application for review under Section 114 and Order 47 Rule 1 of the aforesaid Code. 2. The respondent herein had filed

J. Revathi and Another Vs. S. Murugesan

Court : Chennai

Subject : Land Acquisition

the claim of the defendants that the suit is not maintainable in view of Section 64(3) of the Chit Funds Act, 1982 had not been accepted by the trial court. In such circumstances, the trial court had decreed the suit, … of the trial court. d) Being aggrieved by and dissatisfied with the same, this revision has been focussed. 4. The learned counsel for the revision petitioners placing reliance on the grounds of revision would put forth and

Sri Visalarn Chit Fund Ltd. and anr. Vs. Union of India, New Delhi and ...

Court : Karnataka

Subject : Constitution

Acts : Chit Funds Act, 1982 - Sections 1, 2, 3, 4, 4(1), 4(3), 8, 12, 13, 19, 20, 20(1), 20(3) and 21 to 26; Constitution of India - Articles 14 and 19(I); Banking Regulation Act - Sections 23

Reported in : AIR1989Kant125; ILR1988KAR1518

Bopanna, J.1. Constitutional validity of the Chit Funds Act, 1982 (Act No. 40 of 1982) (in short the Act) is challenged in this batch of writ petitions.2. In … existence earlier have become void to the extent that they are contrary to the provisions of the Act; (b)Section 4(l) of the Act prohibits the conduct of the chit fund business without the previous sanction of the State