Judgment Search Results Home > Cases Phrase: agriculturists loans maharashtra amendment act 1965 maharashtra section 2 amendment of section 4 of act xii of 1884 Page 1 of about 3 results (0.096 seconds)

Jai Ganesh SRA CHS (Prop.) and Another Vs. State of Maharashtra and Ot ...

Court : Mumbai

..... to him by the state government under the land improvement loan act, 1883, the agriculturists loans act, 1884, or the bombay non-agriculturists loans act, 1928 or in favour of a co-operative society or the state bank of india constituted under section 3 of the state bank of india act, 1955, or a corresponding new bank within the meaning of clause (d) of section 2 of the banking companies (acquisition and transfer of undertakings) act, 1970, or the maharashtra state financial corporation established under the relevant law in consideration of a loan advanced to him by such co-operative society, state bank ..... in force, the collector shall dispose of such application in accordance with the procedure which may be prescribed: provided that, there a tribal in contravention of sub-section (2) or any law for the time being in force has, at any time, before the commencement of the maharashtra land revenue code and tenancy laws (amendment) act, 1974 transferred possession of his occupancy to a non-triable and such occupancy is in the possession of such non-tribal or his successor-in-interest, and has ..... (2) this code extends to the whole of the state of maharashtra; but the provisions of chapter iii (except the provisions relating to encroachment on land), iv, v, vi, vii, viii, ix, x, xi, xii (except section 242) and xvi (except sections 327, 329, 330, 330a, 335, 336 and 333, shall not apply to the city of bombay. .....

Commissioner of Sales Tax Vs. Shetkari Sahakari Sangh Limited

Court : Mumbai

Reported in : [1975]35STC554(Bom)

..... it is, however, pertinent to note that when the maharashtra amending act 21 of 1962 came to be passed, the amendment made by the government notification was deleted by the legislature and it, therefore, appears that the legislature did not accept that all oil-engines fell in a separate category or sales thereof should be subject to a higher tax. ..... thereafter, by the maharashtra amendment act 16 of 1963, with effect from 1st april, 1963, the said entry no. ..... considerable documentary evidence was produced before the tribunal to show that all the oil-engines sold by the respondents during the assessment period were oil-engines which were commonly used by agriculturists for agricultural purposes and were recognised not only by co-operative land mortgage banks but even by the government of maharashtra to be oil-engines of the type used by agriculturists for drawing out water. ..... the vouchers and the delivery notes produced by the respondents and their account books proved before the tribunal that the oil-engines sold by the respondents were sold to agriculturists, very often against tagai loans given in pursuance of the said resolutions or against loans made by the co-operative land mortgage bank. ..... this is a reference under section 61 (1) of the bombay sales tax act, 1959, made at the instance of the commissioner of sales tax, in which, the short question which arises for our determination is whether oil-engines used for working pumping sets for drawing out water are .....

Agricultural Produce Market Committee, Yavatmal and ors. Vs. Divisiona ...

Court : Mumbai

Reported in : AIR1984Bom269; (1984)86BOMLR130; 1984MhLJ885

..... the market committee like the petitioner market committee is constituted under section 13 (1) of the act by the process of election and consists of representatives of agriculturists, traders and commission agents, co-operative societies doing business of processing or marketing in the market area, chairman of the panchayat samiti or its representative, president or sarpanch of local authority or its representative,k extension officer and assistant cotton extension officer, it is, therefore, clear that besides agriculturists and traders the market committee consists of others also ..... be taking very narrow view if it is held that the market committee has no locus standi to maintain the present petition, if we find that the first respondent has acted without power and jurisdiction in setting aside all the decisions of the board thus financially causing great loss to the agriculturists who had tendered their cotton and would stand to gain better price if the decisions of the board had not been so illegally set aside. ..... this is how the section stands after its amendment by maharashtra act no. ..... 1438 of 1982 is concerned, it is further contended by the petitioners therein that at any rate the first respondents could not have exercised the revisional power under section 43 of the act and reversed all the decisions of the board without giving an opportunity to the tenderers of cotton or the agriculturists who were affected by exercise of this power, since in exercising it respondent no. .....

Janabai and Etc. Vs. Laxman Gunaji Wanole and anr., Etc.

Court : Mumbai

Reported in : AIR1985Bom290; 1985MhLJ265

..... 36 of the code or any other law for the time being in force in any time before the commencement of the maharashtra land revenue code and tenancy laws (amendment) act, 1974 by which the said proviso was introduced in s. ..... xiv of 1975, by the maharashtra land revenue code, 1966 and the maharashtra restoration of lands to scheduled tribes (second amendment) act, 1976 (for short, 'the amending act no. ..... some of these agriculturists belong to the weaker sections of the community as they belong to the scheduled castes. ..... the second proviso therefore, provides that at least in the case of acquisition of lands of any person below the ceiling limit such agriculturists must be ensured the compensation not less than the market rate. ..... i may also state that in many of these cases, including these writ petitions, the non-tribal agriculturists alleged that they would be rendered landless if their lands are taken possession of from them which would show that they are poor agriculturists holding land below the ceiling limit. ..... it is, therefore, possible that many of the non-tribal agriculturists like the petitioners were holding land below the ceiling limit when the orders were passed under s. ..... 5a(1) are enforced against the non-tribal agriculturists in these petitions.28. ..... 31a(1), viz, the lands sought to be acquired being under personal cultivation and being within the ceiling limit, the provisions of section 5a(1) cannot be enforced against them.27. .....

Vinod Son of Subhashrao Shinde, Vs. the State of Maharashtra, Through ...

Court : Mumbai

Reported in : 2007(5)ALLMR540; 2008(1)BomCR485

..... now, in order to finance the agriculturists as well as societies, a provision under section 73g of the maharashtra co-operative societies act was made for statutory recognition of the district central co-operative banks in the state of maharashtra and such these class of societies were classified as 'specified societies'. ..... (2) circular dated 19.11.2003 has a statutory force since the same can be read as the one under section 79a of the maharashtra co-operative societies act, 1960 and even otherwise in its executive power the government can issue the said circular which has the binding effect on respondent no. 4. ..... 4 - bank being a co-operative society the circular dated 19.11.2003 issued by general administration department of government of maharashtra cannot be said to have been issued under section 79a of the maharashtra co-operative societies act, 1960 and, therefore, the same is not binding on the respondent no. 4. ..... xxxvi of 1975, registrar was empowered to issue circular/direction under section 79a of the maharashtra co-operative societies act, 1960, but after the said amendment the state government alone was empowered to exercise powers under section 79a of the act. ..... thus, the district central co-operative banks are the banking societies and the main object was disbursement of the loan to the farmers. .....

Kailaschand Khusalchand Bakliwal Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1977)79BOMLR449

..... maharashtra debt relief ordinance, 1975, all debts of a debtor which stood discharged on the appointed day under the provisions of that ordinance shall, on the commencement of this act, stand revived; and accordingly, the provisions of the said ordinance as amended by this act as herein provided shall operate in relation to all such revived debts as if those provisions were always amended and in operation on the appointed day.the obvious object of section 3 of the act was ..... the term 'agricultural indebtedness' has always been used to indicate the state of indebtedness of the rural agriculturist, whatever may be the purpose for which loans were borrowed by him from the money-lender who has for decades been the only source of credit for the helpless villager, who by force of social requirements ..... of the existing debt was contracted for unproductive purposes, and the same is more or less true of bengal and bombay.the learned author further pointed out what he meant by unproductive loans and these, according to him, were the borrowings not merely for marriages and other social ceremonies but also for family maintenance and payment of taxes and, according to him, expenditure on ..... was material was that the borrower was agriculturist who was given loan on the security of either movable ..... implied that the ascertainment of agricultural indebtedness was not be restricted to the loans taken for the purposes of agriculture but the total indebtedness of the agriculturists had to be ascertained. .....

Jayant Verma . Vs. Union of India

Court : Supreme Court of India

..... the state debt relief act does not apply to banks at all, or applies only to certain 101 specified banks, section 21a will, in the former situation, apply in such states, and, in the latter situation, apply only in respect of loans made to agriculturists where such loans are given by banks other than the banks specified or covered by the concerned state debt relief act, as the case ..... relation to banking companies subject to the following modifications, namely: (a) throughout this act, unless the context otherwise requires,- (i) references to a banking company or the company or such company shall be 35 construed as references to a co-operative bank; (ii) references to commencement of this act shall be construed as references to commencement of the banking laws (application to co-operative societies) act, 1965 (23 of 1965); there can be no doubt that the banking regulation act deals with the subject banking insofar as it licenses banking companies, as defined ..... the aforesaid section was introduced into the banking regulation act by the banking laws (amendment) act of 1983 ..... entry 30, list ii, which deals with money lending, has been rendered inoperative and, therefore, the maharashtra debt relief act, made under 72 entry 30, list ii, would remain intact ..... long discussion, beginning from paragraph 55 and ending with paragraph 67, which deals with an argument made that that part of the maharashtra debt relief act, which deals with gold loans, is void because parliament has occupied the field .....

Vyapari Association Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1986Bom302; 1985(2)BomCR603; ILR1986Bom158

..... weighing it and for requiring the market committee to issue a receipt therefor and for the payment to the person tendering such produce after making deductions as provided in new section 30a proposed to be inserted in the principal act.provision has been made in the maharashtra co-operative societies act, 1960 authorizing market committees to make deductions from the sale price of notified agricultural produce, and payment of the same to societies which have advanced loans to agriculturists selling such produce. ..... these sections were inserted on the statute book by amending act no. ..... 'in our view, since both these amendments are made for linking of credit with marketing and to facilitate payment of dues of the agricultural credit primary co-operative societies qua the loans advanced to the agriculturists for growing agricultural produce, they can safely be termed to be in the interest of co-operative societies and the agriculturists. ..... the maharashtra co-operative societies act, 1960 came to be amended by act no. ..... with an intention to achieve the said object, by subsequent amendment section 30-a and section 48-a came to be amended. ..... it is proposed to amend section 48-a to take power to government to notify within the existing maximum limits a specific rate at which purchasers should make deductions on account of co-operative dues. ..... the statement of objects and reasons qua the subsequent amendment reads as under :--'2. .....

Pathumma and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR1978SC771; (1978)2SCC1; [1978]2SCR537

..... high court has pointed out in its judgment that though the act was preceded by act 31 of 1958 under which benefits were conferred on the debtors for debts incurred by the agriculturists before 14th july, 1958 but as this date was considered to be inadequate by an amendment in 1961 the date was exended to 14th july, 1959 ..... in other words, the idea of classification is implicit in the concept of equality because equality means equality to all and not merely to the advanced and educated sections ot the society-it follows, therefore, that in order to provide equality of opportunity to all citizens of our country, every class of citizens must have a sense of equal participation in building up an egalitarian society, where there is peace and ..... to the history of economic legislation in kerala, th< sad plight of the agriculturists debtors in the state and the fact that the agriculturist debtors are living from hand to mouth and below subsistance level, the observations made by this court as quoted above apply to the facts of the present case with full force because similar conditions had prevailed in maharashtra which led to the passing o the maharashtra debt relief act.36. ..... farmers even lose their land or live from generation to generation under heavy debt.the harmful consequences or indebtedness are economic and effect efficient farming, social in that the 'relations between the loan given and loan receivers take on the form of relations of hatred, poisoning the social life.33. dr. c.b. .....

Trijugi NaraIn Tewari and ors. Vs. Gorakhpur Kshetriya GramIn Bank and ...

Court : Allahabad

Reported in : AIR1986All115

..... if the object of the amending act bringing section 11a is kept into account, no doubt, would be left about the speedier recovery of loans, which purpose was not to be achieved by section 11 of the act. ..... to the object and purpose of the amending act by which section 11a was added. ..... gives us an idea about the purpose of the amending act 19 of 1975 by which amongst others, section 11a was inserted.9. ..... para 15 of the judgment of maganlal chhaganlal (supra), counsel argued that, in fact, the said case supports the petitioners, because in the present case the act provides for a more drastic proceeding in the shape of section 11a and at the same time a milder procedure in the shape of sections 10a, 10b, and 11, without there being any guidelines as to the class of cases in which any of the aforesaid fourfold procedures were to be resorted ..... what the local principal officer of the bank is required to do for resorting to section 11a is to forward to the collector a certificate of recovery in the manner prescribed, specifying the amount due from the agriculturist, and on receipt of the certificate the collector shall proceed to recover the amount specified therein together with expenses of recovery, as arrears ..... public moneys (recovery of dues) act, 1965 (act 25 of 1965) providing speedier remedy for recovery of government dues came up for consideration before ..... state of maharashtra, air 1977 sc 1825, this entry was widely interpreted in para 54of ..... are : state of maharashtra v. ..... maharashtra v .....