Judgment Search Results Home > Cases Phrase: agriculturists loans act 1884 section 2 local extent Sorted by: recent Court: kolkata Page 1 of about 285 results (0.063 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. .....

Akshat Commercial Pvt. Ltd. and anr. Vs. Kalpana Chakraborty and ors.

Court : Kolkata

..... (3) if, the debts recovery tribunal, after examining the facts and circumstances of the case and evidence produced by the parties, comes to the conclusion that any of the measures referred to in sub-section (4) of section 13, taken by the secured creditor is not in accordance with the provisions of this act and the rules made thereunder, and require restoration of the management of the secured assets to the borrower or restoration of possession of the secured assets to the borrower, it may by order, declare ..... any suit, appeal or application a period of limitation different from the period prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special ..... agriculturists relief act, 1934 was a suit and that the decision whether the proceedings under the 1934 act were a suit or not would not depend merely on the fact that the proceeding were initiated by an application.conversely in considering whether an application for execution was barred under article 182 of the limitation act, 1908, the supreme court said that 'it may be plausibly argued that the plaint, which makes a request to the court, is an application'.40. .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... there are a number of appellants before us, the contentions raised before the high court and us were principally as under; first, that no notice was served on the landowners under section 28(1) of kiad act; secondly, that the notice of acquisition was vague and consequently prejudiced any effective objection being raised by the landowners whose lands were sought to be acquired and finally, that the ..... less, 72.03 acres, as specified below within the aforesaid mouza(s).this notification is made under the provisions of section 4 of act of 1894, inviting all owners of land and persons having interest in the said land to submit their written objection if any, to the acquisition of the land or of any land in the locality, as the case may be, within 30 days from the date of publication of this notification.it is hereby further ..... public purpose does not cease to be so merely because the acquisition facilitates the setting up of industry by a private enterprise and benefits it to that extent; nor the existence or otherwise of public purpose be judged by the lead and initiative taken by the entrepreneurs desirous of setting up the industry and ..... statutory corporation arbitrarily refused to grant the sanction of loans to entrepreneurs who had already acted on the basis of the sanction, and had ..... december, 2006 in the guise of public interest litigation and the writ petitioner while describing himself as a social activist and representing poor farmers is not in fact an agriculturist at all. ..... 1884 .....

The Board of Trustees for the Port of Kolkata and anr. Vs. Sri M.S. Kh ...

Court : Kolkata

Reported in : (2008)2CALLT231(HC),2008(3)CHN1005

..... in the second place we cannot ignore the object of the legislature in enacting this law which was to grant relief to the agriculturists and that any beneficial measure of this kind should, as far as permissible, be interpreted in such a way as to carry out the main object which the ..... banerji cannot be said to have any application whatsoever in the instant case as therein this court while considering the provisions of section 47 of the persons with disabilities (equal opportunities) protection of rights and full participation) act, 1995 held that the language thereof is plain and certain statutory obligation on the employer was case to protect an employee acquiling disability during service and only in that situation, it was observed; ( ..... been held as follows:the answer to this question must be in the negative for two reasons; first, having regard to the obvious policy and object of the act, if section 79(1) is capable of two constructions that construction should be preferred which furthers the policy of the act and is more beneficial to the employees in whose interest the act has been passed. ..... rejection was that the relevant circulars were duly communicated to the existing employees through display, on the notice boards of the sections/departments by the concerned h.o.ds and the option had been exercised by thousand of employees. ..... but, on the other hand, if the words used in the section are reasonably capable of only one construction and are clearly contractable (sic) in regard to .....

Sisir Kumar Mondal Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(1)CHN838

..... in the second place we cannot ignore the object of the legislature in enacting this law which was to grant relief to the agriculturists and that any beneficial measure of this kind should, as far as permissible, be interpreted in such a way as to carry out the main object which the legislature had in view....13. ..... banerji cannot be said to have any application whatsoever in the instant case as therein this court while considering the provisions of section 47 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 held that the language thereof is plain and certain statutory obligation on the employer was case to protect an employee acquiring disability during service and only in that situation, it was observed; (scc p. ..... in this case it has been held as follows:the answer to this question must be in the negative for two reasons; first, having regard to the obvious policy and object of the act, if section 79(1) of 1978 act is capable of two constructions that construction should be preferred which furthers the policy of the act and is more beneficial to the employees in whose interest the act has been passed. ..... but, on the other hand, if the words used in the section are reasonably capable of only one construction and are clearly contractable (sic) in regard to the construction for which mr. ..... pension provisions are to some extent the legislative response to the constitutional expectation. .....

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Kolkata

Reported in : 2008(1)CHN807

..... trust exists and we also have to accept the contention of learned counsel appearing on behalf of the respondent in the instant case that the instant case is squarely covered under the illustration (b) of section 56 of the trusts act and the trustees are bound to fulfill the purpose of the trust and to obey the directions of the author of the trust, except if any modification is made by consent of all the beneficiaries ..... he further contended that the decision reported in air 1935 oudh 72 (supra) considered a question as to whether an order on an petition under section 34 of the said act was a decree or not and whether any appeal lay to the hon'ble high court the consideration of an appeal under clause 15 of the letters ..... (supra), we can only express ourselves that the order so passed by the hon'ble first court under section 34 of the trusts act in the instant case, in our opinion cannot be said that it decided the rights of the parties finally and thereby we have to come to the conclusion that the said order is ..... civil suit respecting the appointment, and it would be impossible to bring an order made by the district judge pursuant to section 10, pagoda act, within the definition of a decree as contained in the code, and no other general law has been suggested.27. ..... the defendants are not agriculturists within the meaning of ..... a party in whose favour the decree stands in its entirely is neither entitled nor obliged to prefer any cross-objection to the extent to which decree in his favour. .....

Hindustan Motors Limited Vs. State of West Bengal

Court : Kolkata

Reported in : 2005(1)CHN41

..... . of course, a question has been raised on behalf of the appellant company that the provisions of proviso (iv) to section 69(l)(d) of the 1932 act contemplates that three-fourths of the adult male population of the local area to be included must be chiefly engaged in pursuits other than agriculture and that the learned single judge had imported the concept of 'working' ..... submissions made on behalf of the respective parties it is clear that the appeal preferred by m/s hindustan motors limited will depend mainly on the question as to whether the provisions of section 6(l)(d) and proviso (iv) thereto of the bengal municipal act, 1932, have been satisfied or not when the two notifications dated 12th december, 1969 and 24th december, 1971 were published by the state government.46 ..... that the questions which arise for consideration in the appeal preferred by the company are whether the power exercised by the state government under section 6 of the bengal municipal act, 1932 was valid and even if the exercise of such power was valid, whether the order passed by the minister, local self-government and municipal affairs, on 9th december, 1980, is capable of being sustained.29. mr ..... the area is purely agricultural, backward and under-developed as the population is comprised of daily labourers and agriculturists ..... director of panchayats that the area proposed to be included was purely agricultural, backward and under-developed and the population was comprised mainly of poor labourers and agriculturists. .....

State of West Bengal Vs. M/S. Shrey Marcentile Pvt. Ltd. and ors.

Court : Kolkata

Reported in : (2001)1CALLT58(HC)

..... fees for recording of transfer or devolution of title of any land or building under sub-section (5) of section 183 of the act shall be as per schedule below :-- schedule (1) in the case of transfer/agreement for sale or cost of acquisition or in the case where there is certificate or in the case of testamentary succession--amount of fee in rupees(a) if the price ..... amount of market fees for the purpose of augmenting the agricultural produce, its facility of transport in villages and to provide other facilities meant mainly or exclusively for the benefit of the agriculturists is not permissible on the ground that such services in the long run go to increase the volume oftransactions in the market ultimately benefitting the traders also. ..... on drawing of the correct estimates and budgets the authorities as also the state government will be able to know the correct position and to decide reasonably as to what extent the raising of the market fee can be justified taking an overall picture of the matter and keeping in view the reason behind the restrictions of sales tax law concerning the transactions ..... . 38-39 of air) : 'if licences are granted, it appears to be no objection that fees should be charged in order either to defray the costs of administering the local regulation or to increase the general funds of the province or for both purposes ...............it cannot, as their lordships think, be an objectionto a licence plus a fee that it is directed both to the regulation of trade and .....

Serish Maji Vs. Nishit Kumar Dolui

Court : Kolkata

Reported in : (2000)2CALLT125(HC)

..... in the holding may within three months of the date of such transfer, or any co-sharer raiyat of the holding may, within three months of the service of the notice given under subsection (5) of section 5, or any raiyat possessing land adjoining such holding, may, within four months from the date of such transfer, apply to the munsif having territorial jurisdiction, for transfer of the said portion or share ..... is clear that the provisions of the limitation act are necessarily excluded, then the benefits conferred therein cannot be called in aid to supplement the provisions of the act in our view, even in a case where the special law does not exclude the provisions of sections 4 to 24 of the limitation act by an express reference, it would nonetheless be open to the court to examine whether and to what extent the nature of those provisions orthe nature of the ..... agriculturists relief act, 1934 was a suit and that the decision whether the proceedings under the 1934 act were a suit or not would not depend merely on the fact that ..... of limitation different from the period prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in section 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special .....

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 .....