Judgment Search Results Home > Cases Phrase: bombay agricultural debtors relief act 1947 maharashtra section 29 value of property of debtor to be determined by court in prescribed manner Page 1 of about 275 results (0.246 seconds)

Punamchand Sobaji Oswal Vs. Dattatraya Bharat Dandekar and ors.

Court : Mumbai

Reported in : AIR1978Bom103; 1978MhLJ158

..... deccan agriculturists relief act 1902 as well as the bombay agricultural debtors relief act. ..... the petitioner appeared before the tahsildar and came to know that this purports to be an application under the debtors relief act by the sons of bharat who in fact had sold the house to him. ..... the provisions of the maharashtra debt relief act 1975 do not include any section which permits the authorised officer to go beyond the transaction and find out the real nature thereof.8. ..... however, when commissioner ofpolice or the district magistrate or the superintendent of police is so enforcing the provisions of the act for the purpose of restoring back the pledged or mortgaged property, the creditor can raise a question that the person who is claiming to be a debtor was not a marginal farmer, a rural artisan, a rural labourer or as the case may be a worker and that there is no eligibility in the so-called debtor to ask for relief under the act or any other ground. ..... this is a matter which can at best lie within the powers of civil or criminal courts but the tahsildar, as authorised officer, does not seem to have been vested with the right to inquire into such allegation.17. ..... though it is rather odd, we do not find it unlawful to define debtor in the manner in which it is done by the maharashtra legislature. .....

Namdeo Asruba Mali Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1985Bom211; 1985(1)BomCR392; (1985)87BOMLR42; 1985MhLJ671

..... section 35 of the act is very similar to corresponding section 24 of the bombay agricultural debtors' relief act, which permits allegations to be made about real transaction.....absence ..... authorised officer under section 7(6) of the maharashtra debt relief act, 1975 (for short 'the act') to go behind the apparent nature of the transaction and determine the real nature of the transaction and grant relief to the debtor.in punamchand's case : air1978bom103 , the division bench held:--'if the transaction is expressed in the form of a sale-deed we do not understand how the tahsildar acting under the provisions of the debt relief act can go beyond ..... day shall be recovered from him or from or against any moveable or immoveable property belonging to them, nor shall any such property be liable to be attached and sold or proceeded against in any manner in the ex4ctuon of any decree or order relating to such debt against him; (b) no civil court shall entertain any suit or proceeding against such debtor for the recovery of any amount of such debt, including interest, if any ..... force by virtue of any such law, and save as otherwise expressly provided in this act, every debt of a worker whose immovable property, if any, does not exceed twenty thousand rupees in marker value and every debt of any other debtor, outstanding on the appointed day, including the amount of interest, if any, payable by a debtor shall be deemed to be wholly discharged; and the consequences as hereinafter set forth shall, .....

Shobhechi Daru Utpadan Kharedi Vikri Sangh Vs. the State of Maharashtr ...

Court : Mumbai

Reported in : 1997(4)ALLMR321; 1998(1)BomCR258; 1997(3)MhLj215

..... (3) nothing in this section shall apply or be deemed to have applied to a mortgage of any land or interest therein effected in favour of a co-operative society as security for the loan advanced by such society (or any transfer declared to be a mortgage by a court under section 24 of the bombay agricultural debtors' relief act, 1947. ..... shall be valid in favour of a person who is not an agriculturist (or who being an agriculturist (will after such sale, gift exchange, lease or mortgage, hold land exceeding two-thirds of the ceiling area determined under the maharashtra agricultural lands (ceiling on holding) act, 1961 or who is not an agricultural labourer); provided that the collector or an officer authorised by the (state) government in this behalf may grant permission for such sale, gift, exchange, lease or mortgage on such conditions as may be prescribed. ..... it is, clear, on going through theprovisions of bombay co-operative societies act, 1925 and corresponding enactment-maharashtra co-operative societies act, 1960, that various landed properties aremortgaged in favour of co-operative society and on failure to pay the dues or forrecovery thereof, those properties are sold. .....

Fatehchand Himmatlal and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1977SC1825; (1977)79BOMLR553; 1977MHLJ205(SC); (1977)2SCC670; [1977]2SCR828

..... maharashtra and its predecessor the state of bombay there have been several legislations on this subject including the deccan agricultural debt relief act, 1879, bombay agricultural debtors' relief acts, 1939, 1946 and in the vidarbha areas of the state, the madhya pradesh postponement of execution of decree act ..... some economic activities and at some state of social development it might be maintained that prohibition with a view to state monopoly was the only practical and reasonable manner or regulation, and that inter-state trade, commerce and intercourse thus prohibited and thus monopolized remained absolutely free.43. ..... observed:it is important in this context to bear in mind that the test of reasonableness wherever 'prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern ..... the certificate but also because under section 8(6) the authorized officer has the power and duty to determine all questions in dispute. ..... administer to our selves the caveat that the same words used in constitutional enactments of various nations may bear different connotations and when courts are called upon to interpret them, they must acclimatize the expressions to the particular conditions prevailing in the country concerned. ..... only on the creditor depositing the pledged property or its value. ..... after india attained political freedom in 1947 and before the constitution was adopted the historical process of the merger and the integration of the several .....

Sau. Vasundhara Ashokrao Patil Vs. Rajaram Bapu Sahakari Bank Ltd. and ...

Court : Mumbai

Reported in : 2003(3)ALLMR393; 2003(5)BomCR27; 2003(4)MhLj315

..... notwithstanding anything contained in sections 91, 93 and 98 on an application made by a resource society undertaking the financial of crop and seasonal finance as defined under the bombay agricultural debtors relief act, 1947 (or advancing loans for other agricultural purposes repayable during a period of not less than eighteen months and not more than five years) for the recovery of arrears of any sum advanced by it to any of its members on account of the financing of crop or seasonal finance (or for other agricultural purposes as aforesaid) or by a crop-protection ..... section 101 is a speedy remedy to recover the amount and when statute gives finality to the action or order it can be challenged only in a manner prescribed by ..... of 1994 decided on 5th september, 1994 has laid down that where the amount is sought to be recovered as arrears of land revenue pursuant to the certificate issued by the registrar under section 101, a dispute would lie before the cooperative court under section 91 of the act.3. ..... sole question that falls for consideration in this petition under article 226 and 227 is whether a dispute would lie under section 91 of the maharashtra cooperative societies act, 1960, hereinafter referred to as 'the act', challenging a recovery certificate granted under section 101 of the said act. ..... 289 and 290 before the cooperative court challenging certificates under section 101 on various grounds. ..... against the order of the cooperative court three appeals were filed being appeal .....

Preethisingh Mukandsingh Shikh and Others Vs. State of Gujarat and Oth ...

Court : Gujarat

..... to the definition of agricultural debtor, cultivating agricultural land personally under the provisions of the bombay agricultural debtors relief act, 1947, the honble bombay high court inter-alia observed as ..... determine for all or any class of land in each local area the area of a family holding on the following basis in the prescribed manner:- (a) the extent of land which a family of five persons including the agriculturist himself would normally cultivate under the existing conditions of agricultural technique and practice with the aid of a pair of bullocks shall first be determined for ..... any member of such family holding any land in any other part of india outside the state, the ceiling area in relation to the family is reduced as provided in sub-section (3a), one-fifth of the ceiling area as aforesaid shall be calculated with reference to the ceiling area as would have been applicable had no such land been held by such member in ..... state of maharashtra reported in air 1971 sc 1992, all that was decided by the supreme court was that the saving of land provided for acquisition by a state and the protection is available not only to acts which come within its terms but also to acts amending such actsinclude new items of property or which change some detail of the scheme of the act provided firstly that the change is not ..... according to the supreme court, the title and preamble, whatever their value might be as aids to the construction of a statute, undoubtedly throw light on the .....

Lilabai Vs. Maruti Raoji Choudhari and Others

Court : Mumbai Aurangabad

..... rural development bank in respect of its dues, in either case whether prior in time or subsequent, and to the charge (if any) created under an award made under the bombay agricultural debtors relief act, 1947 or any corresponding law for the time being in force in any part of the state, there shall be a first charge in favour of the society on the land or interest specified in the declaration made under clause (a) or (b),for and to ..... 18) the only ground, on which the lower appellate court has refused the relief in respect of those properties mentioned in para 11 of its judgment, is that section 118(5) of the maharashtra cooperative societies act, is applicable in the case as hand and, therefore, the bank, which was appearing as kabjedar in the revenue record, was in charge of the properties and, therefore, the bank was necessary party to the suit and the suit was not tenable in the absence of the bank. ..... every such member shall dispose of his produce through the society, and (b) that any member, who is found guilty of a breach of the bylaws or of any such contract, shall reimburse the society for any loss, determined in such manner as may be specified in the bylaws." "48. ..... - notwithstanding anything contained in this act or in any other law for the time being in force, (a) any person who makes an application to a society of which he is a member, for a loan shall, if he owns any land or has interest in any land as a tenant, make a declaration in the form prescribed. .....

Gajanan Eknath Sonankar Vs. Shegaon Shri Agrasen CoOp. Credit Society ...

Court : Mumbai Nagpur

..... bank) in respect of its dues, in either case, whether prior in time or subsequent) and to the charge (if any) created under an award made under the bombay agricultural debtors relief act, 1947 or any corresponding law for the time being in force in any part of the state, there shall be first charge in favour of the society on the land or ..... questions of law arise for my determination:1) whether compliance of the provisions of section 48 of the mcs act, and rule 48 (5) of mcs rules,1961 is mandatory for lending cooperative society before claiming protection/charge on immovable property of members .yes. ..... society and, therefore, notice under section 164 of the maharashtra cooperative societies act was essential or a mandatory requirement ..... supreme court held that the expression business in section 91 does not mean affairs of the society and the said expression has been used in a narrower sense means the actual trading or commercial or other similar business activity of the society which the society is authorized to enter under the act and ..... the suit property and in a most casual and cursory manner obtained the mortgage of the suit property which was ..... property of members borrowing from certain societies: notwithstanding anything contained in this act or in any other law for the time being in force, (a) any person who makes an application to a society of which he is a member, for a loan shall, if he owns any land or has interest in any land as a tenant, make a declaration in the form prescribed .....

Smt. Muktabai W/O Kashinath Shitole and ors.Vs. Vaijinath S/O Gena Shi ...

Court : Mumbai Aurangabad

..... and rural multipurpose development bank] in respect of its dues, in either case whether prior in time or subsequent,] and to the charge (if any) created under an award made under the bombay agricultural debtors relief act, 1947 or any corresponding law for the time being in force in any part of the state, there shall be a first charge in favour of the society on the land or interest specified in the declaration ..... -section, shall be transferred in any manner without the previous permission of the society and the transfer shall be subject to such condition as the society may impose.hence, it is reasonable to infer and hold that the condition regarding non transferability of the property is subject to the previous permission of the society, and, therefore, it is apparently clear that the plaintiff could sell and transfer the suit land in favour of the defendant subject to such conditions as prescribed by the ..... make to the member in pursuance of the application, and for all future advances (if any) required by him which the society may make to him such member, subject to such maximum as may be determined by the society, together with interest on such amount of the loan and advances;(b) any person who has taken a loan from a society of which he is a member, before the date of the ..... the said judgment and decree of the trial court dated 30.9.1982, the defendant preferred regular civil appeal no.246 of 1982 before the district court, osmanabad, challenging the said judgment and decree .....

Maruti Bala Raut Vs. Dashrath Babu Wathare and ors.

Court : Supreme Court of India

Reported in : AIR1974SC2051; 1974MhLJ972(SC); (1974)2SCC615; [1975]1SCR899

..... on 15-9-1948 the bombay agricultural debtors relief act, 1947 became applicable to the areas of the former miraj state and on 28-12-1948 the bombay tenancy and agricultural lands act, 1948 came into force in the same ..... in deciding applications under this section the maharashtra revenue tribunal shall follow the procedure which may be prescribed by rules made under this act after consultation with the maharashtra revenue tribunal.there is no dispute that in these two cases the prant officer (deputy collector) as well as the special deputy collector is a collector as defined in clause (2e) of section 2 of the act. ..... but in dealing with the application filed by bhimarao and dashrath against the tribunal's order in so far as it upheld the order of the prant officer the high court merely relied upon its discussion in the earlier part of its judgment and has remarked that as it was now held that maruti bala (appellant), was not the tenant of the petitioner the petitioners would ..... (1) notwithstanding anything contained in the bombay revenue tribunal act, 1939, an application for revision may be made to the maharashtra revenue tribunal constituted under the said act against any order of the collector on the following grounds only :--(a) that the order of the collector was contrary to law; (b) that the collector failed to determine some material issue of law; or(c) that there was a substantial defect in following the procedure provided by this act, which has resulted in the miscarriage of .....