Court : Andhra Pradesh
Reported in : 2009(6)ALT181
..... (3) every officer granting a loan under the agriculturists' loans act, 1884, shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order of granting the loan, a copy also of that order, to the registering officer within the local limits of whose jurisdiction the whole or any such registering officer shall file the copy or copies, as the case ..... copies of certain orders, certificates and instruments to be sent to registering officers and filed:(1) every officer granting a loan under the land improvement loans act, 1883, shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy ..... get scanned.sub-section (2) of section 20 of the 1054 act reads as under:every managing officer or managing corporation selling any immovable property by public auction under sub-section (91) shall be deemed to be a revenue officer within the meaning of sub-section (4) of section 89 of the indian registration act, 1908 (xvi ..... claim whose net compensation is to be adjusted in whole or in part against the purchase price, the sale certificate shall be made out jointly in the name of all such persons and shall specify the extent of interest of each in the property.9. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989]65CompCas451(AP)
..... a perusal of the last two cases which had exclusively dealt with the question of the applicability of the usurious loans act of the loans advanced by banks to agriculturists after the commencement of act 1 of 1984 leaves me with the impression that these decisions did not bear in mind the clear distinction between the rajaji act and the usurious loans act and the usurious loans act and the necessity and need to consider the overriding effect of act 1 of 1984, if any, relation to the rajaji act. ..... : air1985ap77 , that, notwithstanding section 21a, agriculturists are entitled to the usurious loans act (i.e. ..... i am summaries my findings as follows : (a) section 4(e) of the rajaji act, to the extent it exempts loans advanced by the banks to agriculturist from the operation of the rajaji act, is discriminatory and violative of article 14 of the constitution. ..... the fact that the debts are owed to a government or local authority or other bodies mentioned in the impugned part of section 2(e) has no rational relationship with the object sought to be achieved by the act.' 18. ..... in the rajasthan case, the supreme court was confronted with the question of validity of a portion of section 2(e) of the rajasthan jagirdars' debt reduction act which excluded certain debts due from the jagirdars to the central government, state government, scheduled banks, local authorities, co-operative societies, etc. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom183; (1939)41BOMLR257
..... section 4 of the agriculturists' loans act and rule 3 of the rules framed under that act provide that loans may be made under that 'act to owners and occupiers of arable land for the relief of distress, the purchase of seed or cattle, or any other purpose not specified in the land improvement loans act ..... case the terms of the bond were undoubtedly such as gave some support to the plaintiff's contention that the loan was under the agriculturists' loans act and not under the land improvement loans act, and the question was a very important one from the point of view of the plaintiff. ..... which arises for consideration in the appeal is whether the plaintiff is entitled to contend, as he did in the trial court and the lower appellate court, that the suit bond was under the agriculturists' loans act (xii of 1884) and not under the land improvement loans act (xix of 1883). ..... is whether the bond (exhibit 58) was, as a matter of fact, under the agriculturists' loans act as contended by the plaintiff or under the land improvement loans act as contended by the defendant. ..... the act of 1884 was the agriculturists' loans act, the land improvement loans act being ..... section 89 of the indian registration act requires that every officer granting a loan under the land improvement loans act, 1883, shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved, or of the land to be granted as collateral security, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All271
..... it was suggested that there was a distinction between sections in the act which would apply to a suit and sections which would not so apply, that the provisions of section 27 came into force immediately in order to repeal certain sections of the agriculturists' relief act and that they had nothing to do with any suit instituted for the recovery of a loan. ..... if a suit under section 33, agriculturists' relief act, and one by the creditor for recovery of the loan were proceeding together i think the court could stay the suit under section 33 till decision of the creditor's suit as the latter would decide what interest would be permissible under the law applicable to the agriculturist debtor and the decree would put an end to any claim on the basis of the loan.7. ..... i agree and would only add a few words in connexion with the argument that there might be an inconsistency if the debtor brought a suit under section 33, agriculturists' relief act, and the creditor brought a suit for recovery of the loan and made a declaration under section 4, debt redemption act. ..... under section 27 of the act and the schedule appended thereto certain provisions of the agriculturists' relief act are repealed except in their application to advances made before the first day of june 1940 not being loans as defined in the debt redemption act. ..... a declaration under section 33, agriculturists' relief act, does not finally dispose of the matter as the loan is still due and it would only be useful to the debtor as res .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC383; (1972)4SCC604; [1972]1SCR977; 1972(4)LC77(SC)
..... section 5, revenue recovery act, that for the recovery of a loan advanced under the agriculturists loans act it is open to the collector to sell any part of the immovable property belonging to the defaulter and the remedy is not confined to that particular property in respect of which or for whose improvement the loan ..... section 5 of the agriculturists' loans act ..... was made or by his surety.in interpreting this section, the madras high court, in the above-mentioned case clearly held that it was open to the collector to sell any part of the immovable ..... of land revenue due by him;(b) from his surety (if any as if they were arrears of land revenue due by him;(c) except as regards the loans referred to in section 4, out of the land for the benefit of which the loan has been granted as if they were arrears of land revenue due in respect of that land;(d) out of the property comprised in the collateral security according ..... 1884, provides:every loan made in accordance with such rules, all interest (if any) chargeable thereon and costs (if any) incurred in making or recovering the same, shall, when they become due, be recoverable from the person to whom the loan was made, or from any person who has become surety for the repayment thereof, as if they were arrears of land-revenue or costs incurred in recovering the same due by the persons to whom the loan .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All117
..... it was contended on his behalf that as he was an agriculturist at the date of the suit he had a right to sue under section 33, agriculturists' relief act as admittedly ram piari the principal debtor was an agriculturist on the date of the loan.7. ..... 102 arises out of a similar suit for accounts under section 33, agriculturists' relief act in respect of two mortgage deeds one dated 9-7-1923 and the other dated 20-1-1928, executed by the same mortgagors, namely, ram piari, onkar nath, brij kishore, shyam kishore and rup kishore in favour of shrimati ..... 101 of 1946 arises out of a suit under section 33, agriculturists' relief act for accounting under a mortgage deed dated 9-7-1928, executed by shrimati rani piari defendant-respondent 4 and her four sons, onkar nath, brij kishore, shiam kishore, defendants-respondents 1 to 3 and the plaintiff-appellant, rup ..... we, therefore, agree with the court below that the plaintiff was not an agriculturist on the date of the loan by virtue of the tenancy which stood in the name of onkar nath.10. ..... for the purposes of determining whether they were agriculturists on the date of the loan, the relinquishment deeds cannot be taken into consideration.8. ..... 2 of the act as a person who pays land revenue, local rate or rent. ..... it could not be said that her sons who hold a vested remainder and would have come into possession of the property on her death also paid any land revenue, local rate or rent. ..... she was alone liable to pay revenue, local rate or rent. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1948Mad130; (1947)2MLJ157
..... d-2 the agreement under which the loan was granted to the first defendant by the government for agricultural purposes under the agriculturists' loans act under which the survey number was offered as collateral security for the due repayment of the loan is an agreement under which a power of sale has been conferred upon the secretary of state for india in council within the meaning of section 69 of the transfer of property act and that consequently the title of the purchaser under ..... d-2 cannot be read as a contract under which a private power of sale is legally conferred on the charge-holder it is open to doubt whether the procedure-contemplated by the agriculturists' loans act authorising the government to bring the property to sale straightaway without the intervention of a suit will not amount to a clog on the equity of redemption and will not therefore be ..... for the plaintiff-appellant two points have been raised : firstly, that as the agriculturists' loans act differs from the/revenue recovery act and, the land improvements loans act in that it does not confer by virtue of its own provisions any charge in favour of the government, a sale held under the act has not the effect of extinguishing prior interests: created in respect of the property and that consequently the plaintiff who purchased the property earlier than ..... every contract made by or on behalf of a local government or the government of india cannot be deemed to be such a ..... to re-imbursement to the extent of rs. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1954Mad488
..... the plaintiff will therefore be entitled to simple interest at 9 per cent per annum throughout.the fact, that the defendants are held to be agriculturists for the purpose of relief under the usurious loans act, 1918 does not entitle them to be treated as agriculturists under the madras agriculturists relief act (act iv of 1938), since to come within the scope of act iv of 1938, a person claiming relief must show himself to bean agriculturist as denned under section 3 of act iv of 1938. ..... i am in complete agreement with my learned brother that the definition of an agriculturist in the proviso to explanation (1) to section 3 of the usurious loans act, 1918, is quite different from that of an agriculturist as defined in section 3(2) of, act iv of 1938. ..... we see no reason to disagree with the finding of the learned district judge that they are agriculturists, and they being agriculturists we consider that the rate of interest is excessive, and they are entitled to relief under the usurious loans act, 1918, and compound interest cannot be claimed from them, as we also consider that the compound interest in this transaction is in any event excessive. ..... proviso to clause (b) of sub-section (2) has been amended by madras act viii of 1937 which says that 'provided that in the case of loans to agriculturists, if compound interest is charged the court shall presume that the interest is excessive'. .....
Tag this Judgment!Court : Karnataka
Reported in : [1985]57CompCas668(Kar)
..... in addition, it must be remembered that the provisions of the usurious loans act were enacted at a time when ordinary money-lenders exploited the needy agriculturists and imposed upon them onerous terms by way of compound interest while making loans available to them ..... . krishnamurthy relying upon the above observations urged that the general scheme of the usury enactments in our country too, was primarily intended to protect agriculturists and other borrowers belonging to the weaker sections of the community, but the reserve bank itself has taken care of such borrowers by prescribing concessional rates of interest for their benefits and courts cannot farther scale down such rates under the ..... in the result, a large corporation borrowing a substantial sum of money is entitled to plead the money-lenders acts to the same extent as a private borrower receiving a small loan; and every technicality open to the latter is equally available to the former ..... western area, eastern area, southern area and northern area, there is a local board with head-quarters in bombay, calcutta, madras and new delhi, respectively. ..... the local boards advice the central board on such matters as may be generally on specially referred to them and perform such duties as the central board may delegated to them. 21 ..... the local boards consist of five members appointed by the central government to represent, as gar as possible, territorial and economic interests and the interests of co-operative and indigenous banks .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad44; (1951)IIMLJ560
..... the learned counsel for the appellant raised before me the following two points : (1) the lower court erred in applying the provisions of the usurious loans act in an application filed under section 19-a of the madras agriculturists relief act and (2) the learned district judge should have credited the amounts paid towards the earlier promissory notes towards the principal amounts under the respective promissory notes. ..... i, therefore, hold that the lower appellate court was wrong in invoking its powers under the usurious loans act to give relief to the respondents under the madras agriculturists relief act. ..... this civil miscellaneous second appeal arises out of an application filed by the respondents under section 19-a of the madras agriculturists relief act as amended by act xv of 1943 for determination of the amount payable by the respondents to the appellant under a simple mortgage dated 14-11-1932 executed in favour of the appellant. ex. p ..... it was argued before the learned judges that by reason of explanation 1 added to section 8 of the madras agriculturists' relief act amounts paid by a debtor towards principal should be credited towards the sums originally advanced by the ..... is clear from the provisions of this section that the relief to a creditor or a debtor as the case may be is confined only to the provisions of the madras agriculturists relief act, for the basis of that application is that the debtor should be an agriculturists on the crucial dates mentioned therein. .....
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