Court : Gujarat
Reported in : (1997)1GLR294
..... wordings of section 39 of the act and those of section 35-b of the bombay money-lenders act, 1946 are quite different ..... that case, the accused were prosecuted for the offence punishable under section 19(1) read with section 34 of the bombay money-lenders act, 1946. ..... the learned trial magistrate convicted the respondent herein of the offence punishable under section 25(1-b)(a) of the arms act, 1959 (the act for brief) and sentenced him to rigorous imprisonment for one year and fine of ..... after recording the prosecution evidence and after recording the further statement of the respondent herein as the accused under section 313 of the code and after hearing the parties, by his judgment and order passed on 30th december 1994 in criminal case ..... it has, therefore, invoked the appellate jurisdiction of this court after obtaining its leave under section 378 of the code for questioning the correctness of the aforesaid judgment and order passed by the learned sessions ..... becomes clear that it is enjoined upon the court not to take cognizance of any offence punishable under section 34 thereof for contravening the provisions of section 18 or section 19 thereof except with the previous sanction of the registrar. ..... pointed out hereinabove, the sanction to prosecute the respondent herein under section 25(1-b)(a) of the act for contravention of section 3 thereof was obtained on 7th january 1993. ..... learned sessions judge has relied on the ruling of the bombay high court in the case of state of maharashtra v. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2006Guj157
..... state of maharashtra reported in : air2005sc635 , wherein hon'ble supreme court was pleased to uphold the revision of licence fees to be charged from money-lenders.12. ..... if we apply the test as laid down by this court in the abovesaid judgment to the facts of the case in hand, it can be seen that the statute under section 11 of the act requires the board to undertake various activities to regulate the business of the securities market which requires constant and continuing supervision including investigation and instituting legal proceedings against the offending traders, whereever necessary. ..... merely bearing lables showing the names of the article or of its manufacturer or of both, and;(ii) is made by lighting which is not, in the opinion of the commissioner, more than is necessary to make the goods and labels visible at night].21.3 section 386 of the act provides for general provisions regarding grant, suspension or revocation of licences and written permissions and levy of fee etc. ..... that on account of passage of time, on account of increase in infrastructure cost and on account of increase in commercial activities, it was necessary to revise the rates for licence fees.6.2 it is pointed out that under sections 244 and 245 of the bombay provisional municipal corporations act (hereinafter referred as sb.p.m.c. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)1GLR392
..... nature is expressly excluded from the purview of the bombay money-lenders act 1946 as it clearly provides in clause (f) of sub-section 9 of section 2 of the bombay money lenders act 1946 that an advance made on the basis of the negotiable instrument, as defined in the negotiable instruments act 1881 other than promisory note is not a loan' within the meaning of term sloan defined in the bombay money lenders act 1946 so as to attract the applicability of the bombay money lenders act 1946. ..... has invited this court's attention to the provision of section 10 of the bombay money lenders act 1946 and submitted that the suit or proceedings initiated by the money lenders without the license are not maintainable and therefore the complaint which is filed without the license for money lending by a complainant, who has time and again stated in his complaint and in his oral evidence that he himself or his firm were engaged in money lending business, was liable to be rejected in ..... of sundaram finance limited (sfl) (supra) considered the provisions of section 2(9)(g) of the bombay money lenders act 1946 in a proceedings under section 482 of the code of criminal procedure while examining the prayer for quashing the complaint, which had been filed by the borrowers, complainant alleging that the petitioner finance company had vilotated provisions of the bombay money lenders act 1946. ..... submitted that the apex court in case of maharashtra state board of secondary and higher secondary education .....
Tag this Judgment!Court : Gujarat
Reported in : (1981)22GLR596
..... such debtor as a security for such debt shall stand released in favour of such debtor and the creditor shall forthwith return such property to the debtor.so far as sub-section (1) of section 14 is concerned, we do not think it is open to any challenge for the simple reason that a money-lender who holds security from his debtor in the shape of movable or immovable property must be prevented from damaging, destroying or tampering with it because upon the discharge of the debt ..... (i) of the clause (g), but who does not earn his livelihood principally by cultivating such land.the expression 'rural area' used in section 2(1) has been defined by section 2(k) in the following terms:'rural area' means an area which, for the time being, is not within the limits of-(i) a city constituted under section 3 of the bombay provincial municipal corporations act, 1949, as in force in the state of gujarat,(ii) & municipal borough, or a notified area constituted, or deemed to be constituted, under the ..... then one hectare of unirrigated land but not more then two hectares of such land.these four definitions given clearly show that whereas a 'marginal farmer' and a 'small farmer' as defined by the maharashtra act fall within the category of agriculturists, a 'rural artisan' and a 'rural labourer' will not fall under that category. ..... since the supreme court has in fatehchcmd's case (supra) held the maharashtra debt relief act, 1976 reasonable, we not only hold that it is reasonable but also hold that it .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj276; (1967)0GLR307
..... full payment of the decretal amount would take about seven to eight years and if the plaintiff were to be kept out of their moneys for such a long period, it is not at all unreasonable that they should be awarded interest at the rate of nine per cent per annum which is three per cent less than the maximum rate of interest permitted to be recovered even under the bombay money lenders act. ..... but the plaintiffs cannot have any grievance on that score for they are money lenders and they would be getting interest in the meantime at the rate of nine per cent per annum until the ..... that each of the two sub-rules of order 20 rules 11 enacts a self-contained provision conferring power on the court to postpone payment is concerned and the limitation as to rate of interest specified in section 34 cannot be invoked where the court is acting under order 20 rule 11 sub-rule (1) or (2). ..... has the security of the decree which he can execute forthwith if he so chosen and therefore, the legislature provided for a reduced interest from the date of the decree to the date of payment in section 34 by imposing the ceiling f six per cent per annum. ..... section 34 is a general provision dealing with the question f interest in a decree for the payment of money and it provides that where and in so far as the decree is for the payment of money, the court can in the decree, order interest at such rate as the court thinks reasonable, on the principle sum adjudged, from the date of the suit till the date of the ..... 1946 .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]46CompCas203(Guj); (1974)0GLR810
..... money-lending business for which it has got the necessary licence under the bombay money-lenders act ..... undertaking would need prior approval of the central government before the court can proceeds to accord its sanction to it under the provisions of the companies act, as envisaged by section 23 of the act, yet, in view of the provision contained in sub-section (3) of section 23, the proposed scheme of amalgamation being a scheme of amalgamation of two inter-connected undertakings which are not dominant undertakings and which do not produce ..... court cannot accord sanction to the scheme of arrangement for amalgamation of two or more companies unless each company involved in the scheme of amalgamation approaches the court under section 391(1) of the companies act and obtained suitable directions for convening meetings of the members and, if the creditors are affected by the amalgamation, of the creditors for considering and if though fit ..... for amalgamation or merger of any one company with the other company, it would be incumbent both upon the transferor-company and the transferee-company to approach the court under section 391(1) of the companies act and seek proper directions for convening mattings of those affected by the scheme of amalgamation and to obtain the approval of the scheme by those interested persons examining the scheme in ..... the maharashtra high court, as the registered office of the transferee-company is situate in maharashtra state, with an application under section 391 .....
Tag this Judgment!Court : Gujarat
Reported in : (1962)3GLR33
..... we, therefore, differ from the view taken by the learned magistrate that a loan advanced to a co-operative society is excluded from the definition of 'loan' and we hold that even in respect of such a loan section 18 of the bombay money-lenders act 1946, is applicable, and a person who contravenes section 18(2) of the said act in respect of a loan advanced to a co-operative society would be guilty under section 34 of the same act.9. ..... this is an appeal by the state of gujarat against the acquittal of the respondent who was charged with having committed an offence punishable under section 34 of the bombay money lenders act for having contravened section 18(2) of the same act in that he did not send copies of the accounts in respect of three money-lending transactions dated 24-12-57 27 and 30-12-57 relating to loans advanced by him to kisnad group co-operative multi-purpose society. ..... the relevant clauses of sub-section (9) of section 2 of the bombay money-lenders act which define loan are as follows:'loan' means an advance at interest whether of money or in kind but does not include-(a) a deposit of money or other property an a government post office bank or in other bank or in a company or with a co-operative society;(b) a loan to or by or a deposit with any society or association registered under the societies registration act 1860 or any other enactment relating to a public religious or charitable object;(c) a loan advanced by government or by any local authority authorised by .....
Tag this Judgment!Court : Gujarat
Reported in : (1979)GLR413; (1979)0GLR413; [1979]118ITR134(Guj)
..... s. 35 of the bengal money lenders act, 1940, which prescribed the contents of sale proclamation which, inter alia, should specify the property to be sold would vitiate the proceedings as nullity since ..... on which he intends to rely so as to give the person interested or affected an opportunity to state his case and to correct or controvert the material sought to be relied upon, and the competent authority should act in a just manner at all stages of such inquiry which would necessarily imply that the authority shall furnish any other additional material which it might have collected after the initiation of the proceedings in the ..... provides, so far as it is material for our purposes, as under : '269d(1) the competent authority shall initiate proceedings for the acquisition under this chapter, of any immovable property referred to in section 269c by notice to that effect published in the official gazette : provided that no such proceedings shall be initiated in respect of any immovable property after the expiration of a period of nine months ..... v. anwar ali : [1970]76itr696(sc) approved the decision of the bombay high court in gokuldas's case : [1958]34itr98(bom) and the view of ..... the state of maharashtra went ..... v. state of maharashtra : [1975]3scr753 , the supreme court ruled that imposition of penalty gives rise to substantive liability which can be viewed as a fine for the infringement of law also, and is comparable to ..... observed as under (p.143) : 'state of maharashtra v. b. ..... of .....
Tag this Judgment!Court : Gujarat
Reported in : 2005CriLJ2371; (2004)3GLR2226
..... bombay money lenders act, 1946. ..... crime, vadodara zone police station for the alleged commission of the offences punishable under sections 120b, 489, 348, 465, 466, 468, 471, 474, 409, 410, 109, 118, 167, 182, 114, 115, 219, 220, 506(2), 193, 195, 196, 199, 209, 200 ..... the high court did not quash the complaint on the ground that section 195 applied and that the procedure under chapter xxvi had not been followed ..... any cognizance of the offence qua the applicants are concerned, section 195 is not at all applicable and since section 195 is not applicable, the procedure prescribed in section 340 of the code is not required to be followed.37. ..... with the report of police officer on completion of investigation and sub-section (2) thereof says that as soon as investigation is completed, the officer in charge of the police station shall forward to a magistrate empowered to take cognizance of the offence on a police report which interalia includes ..... persons involved in the commission of aforesaid offences, the investigation in the above case is an ongoing process, which entailed visiting several places in various districts of gujarat, and maharashtra and examining numerous persons. ..... patel to the state of maharashtra to execute the said warrants all the way from ahmedabad to ulhasnagar which shows his involvement and complicity in the commission of the offences and the conspiracy thereof ..... to send the said warrants to ahmedabad city crime to execute the said warrants in the state of maharashtra. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)2GLR1528
..... 302 of 2008 is filed by the inspector of the money-lenders, ahmedabad in the court of learned metropolitan magistrate, ahmedabad against the petitioners-original accused for the offences under sections 5, 18, 19, 25 read with section 34 of the bombay money-lenders act, 1946 alleging inter alia that the petitioners, more particularly petitioner ..... the offence under sections 5, 18, 19, 25 read with section 34 of the bombay money-lenders act, 1946 ('the act' for short).3 ..... of the act which are relevant are as under:section 5 - money-lender not to carry on business of money-lending except for area under licence and except in accordance with terms of licence.no money-lender shall carry on the business of money-lending except in the area for which he has been granted a licence and except in accordance with the terms and conditions of such licence.section 18 - duty of money-lender to keep accounts, and furnish copies.every money-lender shall keep ..... fund in accordance with the rules of the fund;(d2) a loan to or by an insurance company as defined in the insurance act, 1938 (vi of 1938));(e) a loan to, or by bank;(f) an advance made on the basis of a negotiable instrument as defined in the negotiable instruments act, 1881 (xxvi of 1881), other than a promissory note;[(g) except for the purposes of sections 23 and 25:(i) a loan to a trader;(ii) a loan to a money-lender who holds, a valid licence; or(iii) a loan, by a landlord to his tenant for financing of crops or seasonal finance .....
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