Judgment Search Results Home > Cases Phrase: bombay money lenders act 1946 maharashtra section 5 money Page 1 of about 3,267 results (0.330 seconds)

Bhaskarrao Jageshwarrao Buty and ors. Vs. Saru Jadhaorao Tumble and or ...

Court : Mumbai

Reported in : AIR1978Bom322; 1978MhLJ528

..... the plaintiff, petitioner before me is a money-lender having a valid licence issued to him under the bombay money lenders act, 1946. ..... but that does not mean that the bombay money-lenders act is not subject to other laws or any person dealing in money-lending or carrying on business of money-lending would not be governed by other laws dealing with money lending or dealing with other commodities which can become the subject-matter of loan. ..... however, i am quite clear that it does not mean, therefore, that if dealing in a certain kind of commodity is otherwise prohibited by any other law, order or rule having a force of law, then the circumstance that the bombay money-lenders act permits loan in kind cannot be put up as an argument against any such transaction. ..... it is true that the definition of the word 'loan' in the money-lenders act to be found in sub-section (9) of section 2, does include an advance at interest whether of money or in kind. ..... 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. ..... that neither of the parties knew at the time when it was entered into that this transaction was infringement for the maharashtra scheduled foodgrains order, 1966. .....

The Solapur Promoters and Builders Association Society and anr. Vs. th ...

Court : Mumbai

Reported in : 2005(4)ALLMR484; 2005(5)BomCR626; (2005)107BOMLR287; 2005(4)MhLj445

..... of maharashtra : air2005sc635 , the supreme court repelled a challenge to the levy of an inspection fee under section 9-a of the bombay money-lenders act, 1946. ..... amendment enacted by the state legislature in the form of maharashtra act 10 of 1994 received the assent of the governor, in so far as is material, a proviso was introduced into the provisions of section 124a to stipulate that no development charge shall be leviable where a development permission had already been granted or is deemed to have been granted by a planning authority or development authority before 10th august, 1992, being the date of commencement of the amending act of 1992 by which the provisions of chapter vi-a were ..... are (i) areas under the jurisdiction of the municipal corporation of greater mumbai; (ii) areas under the jurisdiction of municipal corporations constituted under the bombay provincial corporations act, 1949 and the municipal corporation of nagpur; (iii) 'a' class municipal councils; (iv) 'b' class municipal councils; (v) 'c' class municipal councils governed by the maharashtra municipalities act, 1965; and (vi) areas under the jurisdiction of special planning authorities and new town development authorities constituted under the act. ..... authority is defined in section 2(19) to mean a local authority and to include a special planning authority under section 40 or a slum rehabilitation authority for the purposes of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971. .....

Pukhraj Nagraj Ranka and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1982(2)BomCR235

..... according to them none of the petitioners were prosecuted for not complying with the provisions of the bombay money lenders act, nor any complaint was filed against them to any of the authorities. ..... it is also contended by the petitioners that the provisions of sections 58 and 60 which grants exemption in favour of the various categories of institutions who also carry on business of money lending are also arbitrary because though the petitioners who are individual money lenders and the categories of money lenders referred to in sections 58 and 60 belong to the same class of money lenders a preferential treatment is meted out to the by granting exemption, which is violative of the petitioner's fundamental right guaranteed under article 14 of the constitution of india. ..... in this context a reference could usefully be made to the 'report on an inquiry into indebtedness among the textile workers in greater bombay in the context of the maharashtra debt relief, act, 1975'. ..... 700 of 1977, the petitioners have challenged the provisions of the maharashtra debt reliefs act, 1975 as enacted in the year 1975 as well as amended by maharashtra act xl of 1977 and maharashtra act xviii of 1979. ..... it further appears from the said report that in february 1977 maharashtra government took a decision to introduce fresh legislation with a view to modify certain provisions of the maharashtra debt reliefs act, 1975 in pursuance of the suggestions made by union government while approving the said act. .....

Sona Chandi Oal Committee and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR2005SC635; 2005(5)ALLMR(SC)277; 2005(3)BomCR227; (2005)2SCC345

..... 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. ..... 'inspection fee' has been defined in section 2(5-a) of the bombay money-lenders act, 1946 to mean the fee leviable under section 9a in respect of inspection of books of account of a money-lender. ..... the bombay money-lenders act, 1946 was enacted during pre-independence period by the elected government to control and regulate money lending. ..... to arrest this exploitation, the money-lenders act was enacted to improve the economic conditions of the bulk of the rural population and the poorer sections of the population in towns and cities. ..... it is stated that there are about 5600 money lenders in the state of maharashtra out of which about 2200 money lenders are from bombay and greater bombay. ..... 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 submit an application in the prescribed form to the assistant registrar of the area, within the limits of which he carries on or intends to carry on his business, for the grant of licence to carry on business of money lending every year on or before such date as may be prescribed by the state government. .....

Bhurmal Ramkaran Sharma Vs. Gulabchand Shankarlal JaIn and ors.

Court : Mumbai

Reported in : 2005(1)ALLMR838; (2005)107BOMLR48

..... the word 'loan' is not defined under the provisions of the maharashtra debt relief act but, the word 'norm' is defined under the bombay money lenders act, 1946. ..... therefore, the word 'loan' excludes any transaction in course of the trade or business by virtue of the definition of the word 'loan' under section 2(a) of the bombay money lenders act. ..... the said definition in section has exclusion to the clause and it provided under sub-clause (g) and that except for the purposes of sections 23 and 25, (i) a loan to a trader (ii) a loan to a money-lender would not be included under the word definition and the word 'loan' as defined under section 2(g) of the said act reads as under:' 'loan' means an advance at interest whether of money or in kind but, does not include -(a) ....(b) ....(c) ....(d) ....(e) ....(f) ..... the non-institutional sources of credit, namely unscrupulous money lenders were charging usurious rates of interest, indulging in malpractices and taking undue advantage of the weak position of the economically weaker sections of the people, both in rural and urban ..... six thousand rupees during the year immediately before the said date, and if living elsewhere four thousand and eight hundred rupees during that year;the word 'worker' is also defined under section 2(o) of the said act and which reads as under:'worker' means a person who earns his livelihood through any profession, calling or trade and also a person who is working in any factory (including a badli worker therein .....

Kasabai Wd/O Kashinathappa Lingayatwani and ors. Vs. Metilal Ramratan ...

Court : Mumbai

Reported in : 1982(2)BomCR195

..... 76 of 1975) of the bombay money-lenders act, 1946 ('the act of 1946' for short) has been raised on behalf of the appellants by their learned counsel shri golwalkar.2. ..... 3 (rule 9) of the bombay money lenders rules, 1959, formed under section 39 of the act of 1946 was filed at ex. 83-a. ..... and berar money-lenders act, 1934 ('the act of 1934' for short) which held the field in this area before application of the act of 1946. ..... (5) nothing in this section shall affect---(a) suits in respect of loans advanced by a money-lender before the date on which this act comes into force;(b) the powers of a court of wards, or an official assignee, a receiver, an administrator of a court under the provisions of the presidency-towns insolvency act, 1909, or the provincial insolvency act, 1920 or any other law in force corresponding to that act, or of a liquidator under the companies act, 1956, to realise the property of a money-lender. ..... section 10 reads as under :---'10(1) after the expiry of six months from the date on which this act comes into force, no court shall pass a decree in favour of a money-lender in any suit filed by a money-lender to which this act applies unless the court is satisfied that at the time when the loan or any part thereof to which the suit relates was advanced, the money-lender held a valid license. ..... by maharashtra act no. ..... 8000/- has been passed, an interesting question as to the construction of section 10(2) (as it stood before maharashtra act no. .....

Bhanushankar Jatashankar Bhatt, Adv. Vs. Kamal Tara Builders Pvt Ltd. ...

Court : Mumbai

Reported in : AIR1990Bom140; 1989(2)BomCR526

..... statement of objects and reasons reads as under:--'the bombay money lenders act, 1946 was amended by maharashtra act 76 of 1975 with a view to checking the evils of unauthorised money-lending and increasing indebtedness of the weaker sections of the community and to streamline the implementation of the act. ..... of objects and reasons to bombay money lenders act, 1946 reads as under :--'if a concerted attempt is to be made to improve the economic condition of the bulk of the rural population and the poorer sections of the population in towns and cities, it is necessary that adequate measures should be taken to protect these persons from exploitation by other sections of the community. ..... however, it cannot be forgotten that the bombay money lenders act, 1946 is enacted by the state legislature by virtue of the powers conferred upon it by the state list, entry 30 of the ..... therefore we hold that the impugnedprovisions of the bombay money lenders act are not ultra vires either for want of competence on the part of the state legislature, or ..... 2(9)(f) and (f1) of the bombay money lenders act read as under :'2(9)(f) -- an advance of any sum exceeding rupees three thousand made on the basis of a negotiable instrument as defined in the negotiable instruments act, 1881 other than a promissory ..... the impugned provisions of the bombay money lenders act deal with the bills of ..... the contentions raised by the defendant 2 related to the validity of the aforesaid provisions of the bombay money lenders act. .....

Mandubai Vitthoba Pawar Vs. The State of Maharashtra and Others

Court : Mumbai Aurangabad

..... to him, relevant section was 32 b under the earlier bombay money-lenders' act, 1946. ..... 2047, the hon ble supreme court while dealing with similar matter has observed thus: both the appellate court and the high court have found that the plaintiff was not a money-lender within the meaning of assam money lenders' act, 1934. ..... osmanabad under section 39 of the maharashtra money-lending (regulation) act, 2014. ..... section 39 of the maharashtra money-lending (regulation) act, 2014 relied on by the state reads as under: ..... him, considering the punishment as was earlier provided under the old act the punishment being of one year, even if a transaction of 1982 was to be said to be of money lending, the same would be time barred under section 468 of the code of criminal procedure, 1973. ..... operative officer gradei kallamb respondent no.3, original complainant, has filed the offence alleging that the petitioner committed offence under the maharashtra money-lending (regulation) ordinance, 2014. ..... additional public prosecutor submitted that although the offence is of 1982, after the new act has come into force, the respondent no.3 could register offence and looking to the provisions of section 468 of the code of criminal procedure, 1973 there is provision to condone delay. ..... has been argued by the learned counsel for the petitioner that now the maharashtra money-lending (regulation) act, 2014 has come into force which makes business in money lending without licence an offence under section 39 of the act. .....

Damodhar (d) Thr. Lrs. Vs. Tejrao Bajirao Mhaske And Ors.

Court : Supreme Court of India

..... to contend that the plaintiff is disentitled to any relief as sought for, he would also raise two other contentions; firstly, based on the provisions of maharashtra prevention of fragmentation and consolidation of holdings act, 1947 (hereinafter referred to as fragmentation act ) and secondly, in the light of the provisions under section 10 of the bombay money lenders act, 1946, which get attracted owing to the facts that he is an original farmer owning only less than 2 hectares of land and that his annual income is ..... page 20 of 40 civil appeal no.930 of 2023 first proviso to section 9(3) of the fragmentation act would reveal that the automatic voidness would not be attracted to a transfer of land contrary to the provisions of the fragmentation act, if it was made on or after 15th day of november, 1965 and before the date of commencement of maharashtra prevention of fragmentation and consolidation of holdings (amendment) act, 2017 and that apart, section 31, referred therein, which puts bar for sale, makes it clear ..... under clause (iii) sub-section (3) thereof, that the said bar would not apply to any land which is to .....

Sona Chandi Oal Committee and ors. Vs. State of Maharashtra

Court : Mumbai

Reported in : 2003(2)ALLMR670; 2003(3)BomCR450; 2003(1)MhLj401

..... 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. ..... ' rule 11 of the bombay money lenders rules, 1959 (hereinafter called as 'the said rules') deals with the levy of inspection fees and it reads as under ..... in order to ensure that money lender complies with the provisions of the act and the rules on which the renewal of the licence can be refused under clause (b) and (c) of section 8; inspection of the record maintained by the money lenders are absolutely necessary and must. ..... it is further pointed out that the money lenders are required to maintain books of account under section 18 of the act read with rules 16 and 17 of the rules ..... section 2(5a) of the act defines inspection fee as under :'inspection fee' means the fee leviable under section 9a in respect of inspection of books of accounts of a money lender. ..... --(1) an inspection fee shall, in addition to the licence fee leviable under section 6, be levied from a money lender applying for a renewal of a licence at the rate of one per cent of the maximum capital utilised by him during the period of the licence sought to be renewed or rupees five thousand, whichever is ..... section 18 of the act deals with duty of money lender to keep accounts and maintain cash book and a ledger in such form and in the manner as may be prescribed as also to furnish copies to debtors as well as assistant .....