Judgment Search Results Home > Cases Phrase: agriculturists loans act 1884 section 2 local extent Court: kolkata Page 1 of about 285 results (0.119 seconds)

Khem Chand Dhingra and anr Vs. Prabir Roy Chowdhury and ors

Court : Kolkata

..... proceeding; or (vii) any grant of immovable property by government; or (viii) any instrument of partition made by a revenue officer; or 20 (ix) any order granting a loan or instrument of collateral security granted under the land improvement act, 1871, or the land improvement loans act, 1883; or (x) any order granting a loan under the agriculturists, loans act, 1884, or instrument for securing the repayment of a loan made under that act; or (xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other ..... interest therein to trustees upon trust for the benefit of the holders of such debentures; or(iv) any endorsement upon or transfer of any debenture issued by any such company, or(v) any document other than the documents specified in sub-section (1a) not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which ..... up between the said joint executors and the natural heirs and ultimately a compromise was effected by which the said prabir roy chowdhury and rina dutta gupta became the owner to the extent of half share each in respect of the said tea estate. ..... contended that the judgment-debtor with the help of his manager and other associates forcibly driven them out of the said tea garden and the said incident is diarised in the local police station. .....

Lachmi NaraIn Singh Vs. Nand Kishore Lal Das

Court : Kolkata

Reported in : (1902)ILR29Cal537

..... 1 (raghunandan sahi) a certain sum of money as tuccavi under the agriculturists' loans act (xii of 1884), and the defendant executed a bond in favour of the government, hypothecating his nagdi malikana right to eight annas of taluk banapur, bearing towji no. ..... affect the statutory right of the government under the public demands recovery act; and that, although a sale under a certificate filed under the latter act ordinarily operates as a conveyance of the right, title, and interest of the judgment-debtor, the proceedings leading to the sale in the present case having been for money recoverable under section 5 of act xii of 1884 as arrears of land revenue, and the property having been expressly hypothecated lie, as the ..... it has also been contended that, having regard to the provisions of section 99 of the transfer of property act (iv of 1882), the government as a mortgagee could not sell the hypothecated property except under a decree passed under that act, and that therefore the sale to defendant no. ..... all that we decide is that nothing but the judgment-debtor's right, title, and interest in the property at the date of the service of the notice under section 10 of the public demands recovery act could and did pass to the purchaser (defendant no. 3). ..... there is nothing, however, in these acts which debars the government from instituting a suit under section 67 of the transfer of property act (iv of 1882) on a mortgage executed in its favour, such as we have in the present case .....

Binjraj Maheswria and ors. Vs. Ramniwasdas Jalan and ors.

Court : Kolkata

Reported in : AIR1943Cal89

..... in the plaint it is alleged that defendant 1 in this suit is an agriculturist and is entitled to the benefits of the agriculturists' belief act as prevailing in the united provinces, and the plaint goes on to allege that between the parties there were money-lending dealings over a period of a number of years, and that if proper accounts were taken between the parties and the provisions of the agriculturists' relief act were applied, then the defendants in this suit in this court would be either not ..... the plaint states that for many years the plaintiffs carried on business in calcutta as commission agents, and as such acted for and on behalf of the defendants, principally in the sale of various commodities such as wheat and linseed and to some extent goods such as jute and other bags were purchased by the plaintiffs for and on behalf of the defendants. ..... are within the city and it would be most inconvenient and harassing for them to have to take all their documents and all their evidence to the gorakhpore court, and further, that the proceeding in the local court is not one of a bona fide nature. ..... the applicants before me can apply, if they are so minded, to the gorakhpore court under the provisions of section 10, civil p.c. ..... learned counsel who appeared for the respondents in this motion, conceded that the subject-matter in both suits is identical although in the gorakhpore suit it is said that the transactions between the parties were by way of loans and money-lending.4. .....

Chatra-serampore Co-operative Credit Society Ltd. Vs. Gopal Chandra Mi ...

Court : Kolkata

Reported in : AIR1940Cal198

..... sub-rules (2), (5) and (6) of rule 22 as framed by the local government are not ultra vires, and even though they may not come within the specific clauses enumerated in section 43(2), co-operative societies act, they are within the scope of sub-section (1) of section 43, which constitutes the primary source of the rule-making power. ..... has challenged the propriety of the lower appellate court's decision primarily on the, ground that sub-rule (6) of rule 22 framed under section 43, co-operative societies act, is intra vires of the local government and consequently the legality of the award could not be questioned in any civil court. ..... the subordinate judge reversed the judgment of the trial judge and decreed the plaintiff's suit, holding inter alia that rule 22(6) was ultra vires of the local government, and that the award was a bad and invalid award under law, there being misconduct on the part of the arbitrator, and violation of the rules of procedure, ..... a set of rules framed on these lines would automatically oust the jurisdiction of civil courts, at least to the extent of questioning the propriety of the decision of the arbitrator on its merits, as obviously there is no sense in making provision for settlement of disputes by arbitration, if the same matter could ..... if the object of the act is to encourage thrift, self-help and co-operation among agriculturists, artisans and persons of limited means, the local government might well consider it proper to lay down a much simpler .....

Bethuadahari Regulated Market Committee Vs. Tapan Kumar Saha and Other ...

Court : Kolkata

Reported in : AIR1991Cal371,95CWN550

..... declaring several villages as 'market area' in accordance with the provisions of section 3 of the act but no infrastructural arrangements have been made by the market committee for providing any service to the agriculturists cr traders who sell or purchase the agricultural produce within the said market ..... that first market committees should raise independent funds from the banks or the state government, develop the market area fully, by providing all facilities to the traders, agriculturists, buyers and sellers within the market area and only thereafter such market committee should start collecting the market fee, may be a more legalistic view in respect ..... filed on behalf of the market committee that although the market committee is not in possession of sufficient fund to provide all facilities conceived by the framers of the act but the market committee has already provided facilities like well built principal market yard, god owns and sheds, internal roads, arrangements for drinking water and weighing facilities ..... does not have sufficient funds to provide the special amenities it should borrow loans from the state government under sub-section (1) of section 18 of the act or the state government should provide grant-in-aid to such market committee under sub-section (2) (iii) of section 16 of the act. ..... extent that the total ban imposed against the market committee from realising the market fees over the transactions within the market area in accordance with the provisions of the act .....

Promode Kumar Roy and anr. Vs. Benoy Krishna Chakravarty

Court : Kolkata

Reported in : AIR1941Cal425

..... referred to in clause (c), order the lender to repay any sum which the court considers to be repayable in respect of such payment or allowance in account as aforesaid:provided that in the case of a loan to which the provisions of sub-section (2) of section 29 apply the lender or money-lender and each of his assignees shall be liable to repay the sum which the court considers to be repayable in respect of and in proportion to the sum received by ..... from him in respect of any such instalment, the payment of such instalment shall not be deemed to be in default and the court shall not pass a final decree; (b) in suits in respect of loans advanced before the commencement of this act other than those referred to in clause (a)-(i) on the application of a defendant and after hearing the plaintiff, order at the time of passing of the decree, or (ii) on the application of a ..... such assignee;(e) set aside either wholly or in part or revise or alter any security given or agreement made in respect of any loan, and if the lender has parted with the security, order him to indemnify the borrower in such manner and to such extent as it may deem just:provided that in the exercise of these powers the court shall not -(i) reopen any adjustment or agreement, ..... by section 19 of the same act, the court may apply the provisions of the act to a decree for the re-payment of a debt obtained against an agriculturist before the commencement of the act, and not with standing anything contained in the code of .....

Sailendra Nath Bhattacherjee Vs. Amarendra Nath Mukherjee and ors.

Court : Kolkata

Reported in : AIR1941Cal484

..... that case it was held that a puisne mortgagee who by the decree had been directed to redeem the first mortgage was not in debt within the meaning of section 3 (iii), madras agriculturists' belief act, 4 of 1939, as he was under no liability under the decree which had only conferred a privilege upon him, the privilege of freeing his security from the claims of the first mortgagee, and so could not maintain an application under section 20 of the said act. ..... the said section provides for stay of execution by the executing court pending the result of an application made or to be made under section 19 of the said act by an agriculturist judgment-debtor for the revision of a decree for the payment of a debt, by the court which passed the ..... the case before us is a suit to which act 10 of 1940 applies by reason of s.2 (22) read with section 2 (21) the plaintiff as the puisne mortgagee is entitled to the benefit of section 30 of the act in respect of the claims on nirupama debi's mortgage and of the mortgage of the sens which have passed to defendants 10 and 11, as those loans had been incurred before the act (section 29, sub-section 2). ..... the successors-in-interest of the original borrower in the fullest sense of the term, for they succeed both to his property and to his liabilities, though those liabilities can be enforced against them only to the extent; of the assets that have devolved on them from the original borrower. ..... to the extent indicated above the decree of the lower court is .....

Narsing Das Tansukdas Vs. Chogemull and anr.

Court : Kolkata

Reported in : AIR1939Cal435

..... next question is whether the powers of the indian legislature to affect the jurisdiction and powers of the high court can be exercised by the provincial legislature with the sanction of the governor-general under section 80(a)(3), government of india act, 1919, the material portion of which is as follows:the local legislature of any province may not without the previous sanction of the governor-general, make or take into consideration any law. ..... suggested in argument that under the government of india act itself, and the devolution rules framed under section 45-a, a local legislature was empowered to make a law affecting that act. ..... proceeds on the basis that labour of an agriculturist is an asset in itself and his creditors ought to have also the benefit of his future labour; or (2) the board may direct the sale of his properties under the machinery of the bengal public demands recovery act (except his dwelling house and such portion of his land as the board may set apart for his maintenance under sub-section 4 of section 22) and direct the distribution of the ..... matter which is included in the list of (provincial subjects set out in part ii of schedule 1 shall, to the extent of such inclusion, be excluded from any central subjects of which but for such inclusion it would form part.28. ..... get costs on his success and he can get interest not according to the contract rate but only simple interest at the rate of 6 per cent, on the principal amount of the loan as determined by the board. .....

Hindusthan Laminators Pvt. Ltd. and Others Vs. Central Bank of India

Court : Kolkata

Reported in : (1998)2CALLT281(HC),[2000]100CompCas472(Cal)

..... term 'debt' as per the provisions of the said local act has been defined in section 3(iii) of the said act as meaning 'any liability in cash or kind, whether secured or unsecured due from an agriculturist whether payable under a decree or order of civil or revenue court or otherwise but does not include rent' the said definition has been noted as to be of very wide import and would include any liability due from an agriculturist with the exceptions specified. ..... dated 23.6.97 by which an ad-lnterlm receiver was appointed which the debt recovery tribunal cannot pass in view of the order passed by this court accordingly, the order is modified to the extent as indicated but in view of the answer that the plea of mortgage can be entertained by the tribunal, it can proceed with the matter. ..... the term 'mortgage' has been defined in section 58 of the transfer of properly act and as per definition a mortgage is transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan and existing or future debt, or the performance of an engagement which may give rise to a ..... a special procedure has been laid down under the state act authorising the state financial corporation to recover loan advanced by the financial corporation by presenting the application under the mode envisaged by the statute by taking recourse to such provisions of the west bengal financial corporation has been authorised to sell the properties .....

Ram Chand Sur Vs. Iswar Chandra Giri and ors.

Court : Kolkata

Reported in : 61Ind.Cas.539

..... transaction of this character falls within the comprehensive definition of a mortgage contained in section 53(a) of the transfer of property act, namely, 'the transfer of an interest in specific immoveable property, for the purpose of souring the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give ..... doubt may arise upon the construction of other statutes, it is, we think, fairly clear that in article 132 of the limitation act the expression money charged eponym moveable property' includes money due for non-performance of an obligation when such money is secured by a ..... the word money 'is comprehensive enough to include, not merely money which has been advanced or will be advanced by way of loan, or money which is due on account of an existing debt or will become due on a future debt, but also money which has or will become due on account of non performance of an engagement that might ..... under mortgage as well as from other moveable and immoveable properties by attachment and sale the conclusion, as at the commencement, the document was described as a simple mortgage bond for a loan of paddy,' the borrowers neither repaid the paddy lent nor the interest due thereon in the bhape of paddy. ..... referred, it is necessary to analyze the nature of transactions of this class, which, as appears from the cases in the books, are by no means infrequent among agriculturists in the districts of kidnaper and banker. .....