Court : Mumbai
Reported in : 1984(2)BomCR819; 1985MhLJ430
Sharad Manohar, J.1. The short question that arises in this revision application is whether a post dated cheque is a negotiable instrument within the meaning of the Bombay Money Lenders Act.2. The relevant facts are as follows :---On 19-5-1973, a sum of Rs. 1,500/- was purported to be advanced by the petitioner (hereinafter 'the plaintiff') to respondent No. 1 acting on behalf of the respondents (hereinafter 'the defendants'). Admittedly the amount was paid against three post dated cheques of Rs. 5000/- each but the total amount actually paid was not Rs. 1,500/- but Rs. 1,410/- only. A sum of Rs. 90/- was purported to be deducted as commission payable by the defendants to the plaintiffs. However, it is fairly conceded by Mr. Soni, the learned Advocate appearing before me for the petitioner that this was in fact a deduction of interest in advance. But his explanation is meaningless because if the interest was deducted even before the advance was made it only means that the sum advanced ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1990Bom140; 1989(2)BomCR526
ORDERDharmadhikari, J.1. This reference under S. 113 of the Code of Civil Procedure, has been made by Shri Mani, Judge, City Civil Court, Bombay for seeking opinion of this Court as to whether the provisions of S. 2(9)(f) and S. 2(9)(f1) of the Bombay. Money Lenders Act, 1946 are ultra vires the provisions of the Constitution of India.2. The plaintiff Bhanushankar Jatashankar Bhatt filed a suit against the defendantsKamal Tara Builders Pvt. Ltd. and Madan Tarachand Samant. The claim in the suit is based on a bill of exchange dt. 1st Dec., 1983 for a sum of Rs. 20,000 drawn by the defendant 1 and alleged to have been accepted by the defendant 2. Defendant 1 did not appear in the suit. Defendant 2 filed his affidvit in reply dt. 20th April, 1987 to the summons for judgment in which he prayed for grant of unconditional leave to defend the suit. Since the defendant 1 did not contest the suit an ex parte decree came to be passed against him and unconditional leave is granted to the defendan...
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom322; 1978MhLJ528
ORDER1. These two revision applications raise a common question of fact and law, and are, therefore, being decided by this common judgment.2. The plaintiff, petitioner before me is a money-lender having a valid licence issued to him under the Bombay Money Lenders Act, 1946. It was his case that he advanced a loan in the form of foodgrains namely, paddy to the defendant. That he complied with the provisions of the Money Lenders Act, namely, sending statements, maintaining accounts and such other formalities. The grain was to be returned with interest which was agreed. Since, however, the defendant did not repay the loan of grain, either in the form of grain or in cash, the plaintiff brought this suit.3. The defendant apart from denying the claim of the plaintiff, raised a contention that the claim was not enforceable by reason of the Maharashtra Scheduled Foodgrains (Stocks Declaration and Procurement and Disposal, Acquisition, Transport and Price Control) Order, 1966. The trial Judge a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC635; 2005(5)ALLMR(SC)277; 2005(3)BomCR227; (2005)2SCC345
Ashok Bhan, J.1. This appeal by grant of leave is directed against the judgment and order of the High Court of Bombay, Bench at Nagpur, in Writ Petition No. 314 of 1993. The High Court in the impugned judgment has upheld the validity of provisions of Section 9-A of the Bombay Money Lenders Act, 1946 (hereinafter referred to as 'the Act') as amended by Maharashtra Act No. 7 of 1992 which, according to the appellants, who are licensed money lenders, is ultra vires the provisions of the Constitution of India insofar as it seeks to levy inspection fee for the renewal of money lender's licence. Appellants therefore seek striking down of Section 9-A of the Act and consequent thereto the quashing of the demand notice for payment of inspection fee.2. Under Section 3 of the Act, the State Government has the power to appoint Registrar General, Registrars and Assistant Registrars for the purpose of exercising powers and performing duties under the Act Under Section 6 every money lender has to sub...
Tag this Judgment!Court : Mumbai
Reported in : 1983(1)BomCR345
S.J. Deshpande, J.1. This revision arise out an order passed by the learned Judge of the Small Causes Court at Bombay in Summary Suit No. 2115/2510 of 1978 pending in his Court on September 14, 1981 by which he dismissed the application of the original defendant to refer the issue to the officer under the Maharashtra Debt Relief Act. The facts giving rise to this revisions, are, the plaintiff respondent filed a summary suit on the basis of a Hundi executed by the defendant. This suit was filed under Order 37 of the Civil Procedure Code. The defendant filed his written statement to which I will refer later. The suit procedure for trial and it appears that a conditional leave was granted to the defendant to defend the suit and an amount of Rs. 2,000/- was also deposited accordingly. During the pendency of the suit on July 14, 1981 the suit was proceeded ex parte and the plaintiff's evidence was recorded. It appears that on July 15, 1981 the defendant filed an application in this suit pra...
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALLMR670; 2003(3)BomCR450; 2003(1)MhLj401
R.K. Batta, J. 1. The issue involved in these petitions, is same and as such it is proposed to dispose of both the writ petitions by a common Judgment.2. In both the writ petitions, there is a challenge to the validity of provisions of Section 9A of the Bombay Money Lenders Act, 1946 (hereinafter called as 'the said Act') as amended by Maharashtra Act No. 7 of 1992 which, according to the petitioners, is ultra vires with the provisions of the Constitution insofar as it seeks to levy inspection fee on the money lenders. Petitioners, therefore, seek striking down of Section 9A of the said Act. Consequently, the petitioners also sought quashing of the Demand Notice for payment of inspection fee.3. We may refer to some facts in Writ Petition No. 3469/93 which are more comprehensive. Petitioners therein are carrying money lending business and hold money lending licence issued under the provisions of the said Act. This petition gives history of incorporation of Section 9A and states that, fo...
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)ALLMR484; 2005(5)BomCR626; (2005)107BOMLR287; 2005(4)MhLj445
D.Y. Chandrachud, J.1. The constitutional validity of the Maharashtra Regional and Town Planning (Amendment) Act 1992 -Maharashtra Act 16 of 1992 - has been challenged in these proceedings. By this amendment, the State legislature inserted Chapter VI-A into the provisions of the parent Act in order to provide for the levy, assessment and recovery of a Development Charge. Sub-section (1) of Section 124A enacts the levy of a Development Charge in the following terms :'124A. (1) Subject to the provisions of this Act, the Planning Authority or the Development Authority (hereinafter in this Chapter collectively referred to as 'the Authority'), shall levy within the area of its jurisdiction development charge on the institution of use or change of use of any land or building, or development of any land or building, for which permission is required under this Act, at the rates specified by or under the provisions of this Chapter:Provided that, where land appurtenant to a building is used for ...
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)ALLMR838; (2005)107BOMLR48
S.U. Kamdar, J.1. Inspite of the fact that the present petition is pending for admission since 1997, learned Counsel for the petitioner once again sought for an adjournment. A perusal of the record indicates that a large number of adjournments were sought in the past for the purpose of carrying out amendments to the petition and/or for some other irrelevant reasons. In view of this position, we are constrained to reject a further application for adjournment in the matter.2. The present petition is challenging an order dated 4th September, 1996 passed by the Tahsildar under the provisions of the Maharashtra Debt Relief Act, 1975.A few but, glaring facts of the present case which indicates the ingenuity of the lawyers utilising the provisions which are made for protection of under-privileged class of the citizens are set hereinafter.3. The provisions of the Maharashtra Debt Relief Act, 1975 (hereinafter referred to as 'the said Act') was enacted with a view to grant immediate urgent debt...
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR765
Bhatia J.H., J.1. This Appeal is preferred by the original defendant against the judgment and Decree passed by the learned Judge, City Civil Court, Mumbai, in Summary Suit No. 944 of 1992 in favour of the plaintiff/respondent.2. To state in brief, it is case of the plaintiff that on 25.1.1988, he had advanced an amount of Rs. 37,000/- to the defendant, had agreed to repay the amount with interest at the rate of 21% per annum. Accordingly, the defendant had executed a promissory note in favour of the plaintiff. However, the defendant failed to make repayment of the amount, but he paid an amount of Rs. 5,000/- on 15.5.1989 and thereafter he issued two cheques of Rs. 3,000/- and Rs. 6,000/- on 3.3.1990 and 21.5.1990 respectively. Both these cheques were dishonoured and in respect of the same the plaintiff has taken action against him under Section 138 of the Negotiable Instruments Act. After adjustment of the said amount of Rs. 14,000/ -, the defendant was liable to pay balance amount of ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1825; (1977)79BOMLR553; 1977MHLJ205(SC); (1977)2SCC670; [1977]2SCR828
V.R. Krishna Iyer, J.1. The distance between societal realities and constitutional dilettantism often makes for the dilemma of statutory validity and the arguments addressed in the present batch of certificated appeals and writ petitions evidence this forensic quandary. Likewise, the proximity between rural-cum-slum economics and social relief legislation makes for veering away from verbal obsessions in legal construction. A Constitution is the documentation of the founding faiths of a nation and the fundamental directions for their fulfilment. So much so, an organic, not pedantic, approach to interpretation, must guide the judicial process. The healing art of harmonious construction, not the tempting game of hair-splitting, promotes the rhythm of the rule of law. These prologic observations made, we proceed to deal with the common subject-matter of the appeals and the writ petitions. 2. A bunch of counsel, led by Shri Nariman and seconded by Shri B Sen, have lashed out against the vir...
Tag this Judgment!