Court : Allahabad
Reported in : AIR1938All456
..... of the judgment-debtor and after notice to the decree-holder, direct that any decree for money or preliminary decree for sale or foreclosure passed by it or by any court whose business has been transferred to it against an agriculturist, whether before or after this act comes into force, shall be converted into a decree for payment by instalments drawn up in such terms as it thinks fit in accordance with the provisions ..... is contended that the provisions of clause (2) of section 5 are analogous to the provisions of section 167, tenancy act and accordingly this court is debarred from exercising revisional jurisdiction with respect to orders passed by the courts below under section 5, agriculturists' belief act. ..... this would lead to an anomalous state of affairs as in most cases the relief gained by the agriculturist under section 5(1) would not be commensurate with the amount of expense and trouble that he would have to incur with a view to get that ..... clause 1 of section 8 provides that:no person shall be deemed to be an agriculturist for the purposes of this chapter, unless he was an agriculturist both at the time of the advance of the loan as well as at the date of the ..... the other hand it is contended on behalf of the decree-holder that the words 'any decree for money' mean only decrees passed for recovery of loans and not decrees for damages for falsa and malicious prosecution.13. ..... encumbered estates act (act 25 of 1934) was passed by the local legislature in the same year in which the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1979AP48
..... explanation:- xx xx xx'emphasising on the head-note to the section, sri n.bapiraju, the learned counsel for the appellant contends that s.13 provides only for scaling down the rate of interest payable by an agriculturist on loans contracted after the commencement of the act and the provision does not in any way affect the right of the creditor under the ordinary law in regard to the appropriation of ..... case of an expropriatory measure like the act, one cannot rely upon the supposed policy of the legislature and extend the scope of the relief beyond what is provided in the section, even if it is a beneficial legislation for the agriculturists, the benefit must be confined to the extent the section provides and one cannot travel beyond that. ..... barred by time and that at any rate, the open payments made by them were not properly appropriated by the plaintiff.3 .the trial court found that the suit mortgage band was supported by consideration only to extent of rs, 15,525 that the suit is not barred by time and that as the part-payments made by the defendants were open, without any specification in regard to their appropriation towards interest or towards principal ..... , the parent act, to some extent, undermines the sanctity of decrees, but that is to implement the policy of the legislature to give relief to agriculturists overburdened with debts ..... preferred by the plaintiff against the judgment and decree dated 3-9-1973 of the sub ordinate judge's court, naraspur, to the extent aggrieved.17. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All113
..... the findings of the court which passed the decree except in so far as they are inconsistent with the provisions of section 14.here, again, a question arose whether the loan could be said to have been 'the subject of a decree,' within the meaning of this section, where all that had happened was that, in a suit under section 33, agriculturists' relief act, the court had declared the amount which was payable on the date of such declaration by the debtor to the creditor ..... the contentions of the landlord-applicant the present appellant-before the special judge were that the declaration made by the court of the subordinate judge on 19th august 1936, in the suit under section 33, agriculturists' relief act, was a decree, that it was binding on the special judge in the sense that he had to accept the amount so declared as the amount to which the creditor was entitled under the deed of mortgage up to 19th august 1936, ..... the special judge did not agree with the contention of the landlord-applicant, ruknuddin, and, holding that, in view of the provisions of section 15, encumbered estates act, he was bound not to accept the findings recorded in the suit under section 33, agriculturists' relief act, calculated interest in accordance with the terms laid down in the mortgage deed and found that the' total amount to which lachhmi narain was entitled was rs. ..... but, to any extent that he cannot do so, he must himself apply the provisions of section 14 in variation of it. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All330
..... equally well expect the section to read thus:in any proceedings relating to a loan due jointly from several persons ..... the question of the interpretation of the section the learned judge has observed as follows:it is argued for the appellant that if it was intended that the section should not apply to all cases where both or all the joint debtors are agriculturists the section would commence like this:in any proceedings relating to a loan due jointly from several persona any of whom but not all of whom are agriculturists or workmen' etc.but i think that on the other view we might ..... section 11 reads as follows:in any proceeding relating to a loan due jointly from several persons any of whom is an agriculturist or a workman the court shall apportion the loan between the joint debtors and the provisions of this act shall apply only to that part of the loan which is apportioned to the joint debtor who is an agriculturist or a workman.3. .....
Tag this Judgment!Court : Chennai
Reported in : [1996]86CompCas54(Mad)
..... referring to the circulars issued by the reserve bank of india in the matter of loans granted to agriculturists, the resultant position is summed up by the bench as follows (at page 491) : 'to sum up the above discussion : the circulars/directives of the reserve bank direct that agricultural advances should not be treated on par with commercial loans in the matter of application of the system of compounding interest. ..... no doubt that the defendants are agriculturists and the loan has been taken for agricultural purposes. ..... per the circulars issued by the reserve bank of india, the bank is not entitled to charge compound interest or interest with monthly, quarterly or half-yearly rests on overdue loans in the case of agriculturists. ..... , there is nothing to prevent the court from having the guidance from the provisions of section 34 of the civil procedure code, 1908, in the matter of granting interest in a suit on a mortgage also though section 34 will not control order 34, rule 11 of the civil procedure code, 1908. ..... seen from the report that the parties therein not agriculturists and there was no such plea. ..... also held that the interest charged by the bank was usurious and the defendants being agriculturists were entitled to claim 15 per cent. ..... for the appellant places reliance on section 21a of the banking regulation act. ..... consequently, the appeal is allowed to the extent of granting a personal decree as against defendants ..... 3 and modifying the decree of the trial court only on that extent. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All448
..... upon a consideration of the term of the section itself and of the general scheme and objects of the act, the earned single judge had held that section 33 does not apply to a person who was not an agriculturist at the time when he took the loan, in respect of which he sues for an accounting. ..... ' now 'loan' as defined in section 2 of the act isan advance to an agriculturist whether of money or in kind, and shall include any transaction which is in substance a loan.3. ..... the short question for consideration is as to whether a person who was not an agriculturist at the time when he contracted the loan is entitled to the benefits of section 33, agriculturists relief act. ..... this is a plaintiff's appeal against the order of a learned single judge of this court in proceedings which were instituted under section 33, agriculturists relief act of 1934. ..... section 33(1) of the act is as follows:an agriculturist debtor may sue for an account of money lent or advanced to or paid for him by any person, or due by him to any person as the price of goods or on a written or unwritten engagement for the payment of money, and of money paid by ..... 5 of the act, refers to debtors who were agriculturists at the date when the loan was contracted. ..... ' the word 'loan' is used in section 30 and section 31 and can mean only 'loan' as defined by section 2 of the act. ..... now the suits contemplated by section 33 of the act are suits against 'creditors,' that is against persons who have advanced 'loans' as defined in the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1949All606
..... own domestic purposes, in his own private accounts- accounts of which he would not dream of sending a copy to his debtor-can really be regarded as a 'written document' which 'evidence' the loan within the meaning of section 39(1) of the act.the learned judge went on to observe:i think that section 39 contemplates some document that is brought into existence for the purpose of constituting as between the debtor and the creditor the evidence of the transaction and of its terms, of which ..... the plaintiffs filed an appeal, and the learned district judge of farrukhabad held in defendant's favour that the provisions of section 39, agriculturists' belief act had not been complied with as there was no 'written document'. ..... be evidenced by a written document, of which a copy shall be given to the debtor.it is clear that the legislature intended that a loan advanced, after the act had come into force, to an agriculturist debtor should not be a oral debt but that a record should be made of it in writing and a copy of it given to the debtor and whenever the question arose whether the agriculturist-debtor was liable for the money claimed or not that writing might be used as evidence of the transaction. ..... the case came up below one of us and as there was some apparent difference of opinion between this court and the avadh chief court on the interpretation of section 39, agriculturists' relief act the case was referred to a bench for decision.2. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All469
..... legislature while enacting the zamindars' debt reduction act had adopted the definitions of 'loan' in the agriculturists' relief act and debt, redemption act as the definition of debt and not the definition of debt contained in the encumbered estates act. ..... intention of the legislature to restrict the act to a pecuniary liability arising out of a loan as understood in the agriculturists' relief actor the debt redemption act cannot be mistaken.the result is that every pecuniary liability cannot be equated with debt fox the purposes of the present act. ..... hasan : air1943all184 wherein it was held that a dower could not be called a 'loan' within the agriculturists' relief act as there was no advance. ..... agriculturists' relief act, the definition of loan incorporated therein was interpreted and the reasoning was ..... agriculturists' relief act which is as follows:--'loan means an advance in cash or kind made before the first day of june, 1940, ... ... ... ..... 'the price due for thearticles purchased by an agriculturist cannot be regarded as an 'advance' to him in kind' and consequently the suit for the recovery of the price was not one for recovery of 'loan' as defined in the u. p. ..... this is an execution second appeal arising out of an application made under section 47 of the code of civil procedure by the judgment debtors which was allowed by the lower appellate court and aggrieved by the same the decree-holders have preferred this ..... (ii) a local authority (iii) a schedule bank (iv) a co-operative .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All467
..... the creditor asked for any decree nor was any such decree passed in the case, a plain and reasonable construction of section 33, agriculturists' relief act and section 8, debt redemption act read together will show that section 8 was intended to apply only to cases where a decree had been passed in favour of the creditor against the agriculturist debtor and not to a case where a mere declaration had been made by the court determining the liability of the debtor to the ..... it will, therefore, follow that so long as the creditor does not secure a decree under sub-section (2) of section 33, agriculturists' relief act, and so long as the decree obtained by the debtor remains a declaratory decree under section 33, no application can be maintained for amendment of that decree under section 8, u. p. ..... agriculturists' relief act, was a suit relating to a loan and that the decree was passed in such a suit before the commencement of the act, although the decree was declaratory in character. ..... sub-section (17) of section 2 defines 'suit to which this act applies' as 'any suit or proceeding relating to a loan ..... ..... the other question was whether the definition of 'loan' given in section 2 (9), u. p. ..... debt redemption act, it is unnecessary to proceed to determine whether or not the advance to which the decree related was a loan within the meaning of section 2 (9) of the act.brij mohan lal, j.10. ..... it need not necessarily be a suit in respect of a 'loan. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1943All171
..... that question is as follows :whether in view of the mandatory provisions of section 39, agriculturists' relief act, it is necessary that in every document a specific date should be provided for the repayment of the loan and also the rate of interest which shall prevail, if repayment is made within that date, must be given in the document ?2. ..... as regards the first question as to the necessity of a specific date being provided for the repayment of the loan, our answer is that it is necessary to this extent that a separate entry for the repayment of the loan should be made in the document, but it is not necessary that there should be no bond payable on demand. ..... our answer to the questions formulated by the learned judge in his reference is as follows :(1) in view of the mandatory provisions of section 39, agriculturists' relief act, it is necessary that in every document an entry should be made for the repayment of the loan and there should also be an entry for the rate of interest which shall prevail if repayment is made within that date; but this is only for the purpose of earning the, benefit provided in section 29 of the act. .....
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