Judgment Search Results Home > Cases Phrase: bombay money lenders act 1946 maharashtra section 5 money Court: karnataka Page 1 of about 376 results (0.144 seconds)

D B Jatti Vs. Naraindas Bodaram

Court : Karnataka

..... here, i may refer to the provisions of the bombay money-lenders act, 1946. ..... since the appellant had no money lending business licence, it cannot be said that there was a legally enforceable liability of the respondent in view of section 9(2) read with section 2(4) of the andhra pradesh (telangana area) money lenders act, 1349 fasli. ..... section 10 of the act lays down that no court shall pass a decree in favour of a money-lender in any suit to which said 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 licence, and if the court is satisfied that the money-lender did not hold a valid licence, it shall dismiss the suit. ..... so, a loan advanced by a money lender who is doing business of money lending without licence is not a debt or other liability and provisions of section 138 of the act will not apply to such transaction. ..... including the alleged alteration in the date column of ex.p.1 and disbelieved the defence taken by the accused and raised the presumption available to the complainant under section 139 of the negotiable instruments act and convicted the accused for the offence punishable under section 138 of the negotiable instruments act and sentenced the accused by imposing fine of rs.18,10,000/- of which sum of rs.18,00,000/- was ordered to be paid as compensation to the complainant and balance sum of rs.10,000/- to the .....

A. Ram Mohan Vs. Labour Court, Bangalore and anr.

Court : Karnataka

Reported in : [1989(59)FLR1]; (1989)IILLJ179Kant

..... retrenchment has led to that dispute, but does not include any such person - (i) who is subject to the air force act, 1950, or the army act, 1950, or the navy act, 1957; or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) ..... any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or ..... bombay industrial relations act, 1946 ..... prabhakar, learned counsel for the company, however, maintained that the order of termination was retrenchment as defined under section 2(oo) of the act and as the company had complied with the provisions of section 25f of the act, in that one month's salary in lieu of notice and 15 days' wages for every completed year of service had been ..... the company was situate at bombay and there was no regional office in bangalore, that is, in that state of karnataka, and, therefore, appropriate government which had the competence to make the reference was the government of maharashtra and not the karnataka government .....

Life Insurance Corporation of India Vs. Gurappa Sangappa Katageri and ...

Court : Karnataka

Reported in : [1990]69CompCas436(Kar)

..... the learned appellate judge raised the following point for consideration : '(i) whether the money lenders licence was necessary to be obtained by ukic (united karnataka insurance company) under the bombay money lenders act, 1946 (ii) whether there was any controlled business of ukic that could vest in the plaintiff (lic) ..... patil that section 5 of the act requires that every money-lender should obtain a licence to carry on the business of money lending. ..... cannot, therefore, agree with the learned government pleader that a company can be deemed to be carrying on business within the meaning of that expression in section 2(9) of the act even after there has been a cancellation of registration.' 12. ..... as he then was, observed thus (at page 338) : 'when the definition of `insurer' in section 2(9)(b) refers to any body corporate carrying on the business of insurance, the implication is that the body corporate is effecting contracts of ..... clause (9) of this section defines the word 'loan'as : 'loan' means an advance at interest whether of money or in kind, but does not include ..... section 3(5b) of the act reads thus : '3(5b) when a registration is canceled, the insurer shall not, after the cancellation has taken effect, enter into any new contracts of insurance but all rights and liabilities in respect of contracts of insurance entered into by him before such cancellation takes effect shall, subject to the provisions of sub-section (5d), continue as if the cancellation had not taken place.' .....

Bank of Maharashtra Ltd. Vs. Official Liquidator, Mysore High Court

Court : Karnataka

Reported in : [1970]40CompCas674(Kar)

..... general meeting of the shareholders of the company was held at which the following resolution was passed: 'resolved that the consent be and is hereby accorded to the board of directors of the company under the provisions of section 293 of the companies act, 1956 that the directors may borrow and continue to borrow moneys (apart from temporary loans obtained from the company's bankers in the ordinary course of business) for and on behalf of the company up to rs. ..... selling the said land, hereditaments and premises or any part thereof either by public auction or private contract with liberty also to make such conditions or stipulations respecting title or evidence of title or other matters as the lenders may deem proper with power to buy inn the said land hereditaments and premises at any sale by auction or to rescind or vary any contract for sale and to resell the same without being answerable or responsible ..... premises the liquidator could not reduce to possession the immovable properties, machinery and other equipment of the company, of the reason that the possession there of had already been taken by the bank of maharashtra (hereinafter referred to as ' the bank') in apparent exercise of its powers as a mortgage and charge-holder of the immovable and movable properties of the company. 5. ..... mortgage was registered with the sub-registrar, bombay,as document no. ..... 's affidavit filed on 23rd november, 1967, this deed was described as 'pending registration with the sub-registrar of bombay. .....

Sree Yellamma Cotton, Woollen and Silk Mills Co. Ltd. and Vs. Official ...

Court : Karnataka

Reported in : AIR1969Kant280; AIR1969Mys280; [1970]40CompCas466b(Kar)

..... meeting of the shareholders of the company was held at which the following resolution was passed:--'resolved that the consent be and is hereby accorded to the board of directors of the company under the provisions of section 293 of the companies act, 1956, that the directors may borrow and continue to borrow moneys (apart from temporary loans obtained from the company's bankers in the ordinary course of business) for and on behalf of the company up to rs. ..... selling the said land, hereditaments and premises or any part thereof either by public auction or private contract with liberty also to make such conditions or stipulations respecting title or evidence of title or other matters as the lenders may deem proper with power to buy in the said land, hereditaments and premises at any sale by auction or to rescind or vary any contract for sale and to resell the same without being answerable or responsible for ..... , the liquidator could not reduce to possession the immovable properties, machinery and other equipment of the company, for the reason that the possession thereof had already been taken by the bank of maharashtra (hereinafter referred to as the bank) in apparent exercise of its powers as a mortgagee and charge holder of the immovable and movable properties of the company.6. ..... of mortgage was registered with the sub registrar, bombay, as document no. ..... bank's affidavit filled 23rd november 1967, this deed was described as 'pending registration with the sub registrar of bombay'. .....

G. Moorthy Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR367; 1993(1)KarLJ376

..... the legislative competence of parliament to deal with this question is, we think clear; and this covers not only section 3(1)(b), preventive detention act but also the foreigners act 1946 (act 31 of 1946) in so far as it deals with the powers of expulsion and the right of the central government to restrict the movements of foreigners in india and prescribe the place of their residence and the ambit of ..... case of lotteries authorised by the governments of other states it may be difficult and even impossible for the government of maharashtra to take adequate regulatory steps to prevent abuse of the authority given by governments of other states to non-governmental agencies ..... of finance for considering necessary amendments to the above notification for excluding bhutan from the purview of the same.the department of economic affairs is also being approached for permission to arrange money remittances between the indian states/union territories and bhutan to facilitate remittances of sale proceeds as well as prize amounts from either direction. ..... in the second decision in state of bombay's case, it is held that the gambling activities from their very nature and in essence are extra commercium although the external forms, formalities and instruments of trade may be ..... of rents in cantonment areas has the effect of making the legislative powers conferred by lists ii and ml subject to this power of parliament, in this view, we are unable to affirm the decision of the bombay high court in a.c. .....

Employees' State Insurance Corporation and Ors. Vs. the Workmen of ITi ...

Court : Karnataka

Reported in : ILR1997KAR1433

..... on behalf of the petitioners - employees that the settlements in respect of each establishment having come into existence within the meaning of section 2(b) of the industrial disputes act, 1947 ('id act' for short) and the said settlements still being in force and binding on employees as well as employers under section 19 of the id act, and the said settlements having provided to the employees much more beneficial medical care provisions as compared to those provided for by ..... in this case, section 3 and 4 of the essential supplies (temporary powers) act, 1946, were attacked as ..... be wholly wrong far the court to substitute its own opinion for that of the legislature or its delegate as to what principle or policy would best serve the objects and purposes of the act and to sit in judgment over the wisdom and effectiveness or otherwise of the policy laid down by the regulation-making body and declare a regulation to be ultra vires merely on the ground that ..... , and in the connected writ petitions filed by others under article 226 of the constitution, constitutional validity of section 2(9)(b) of the employees' state insurance act, 1948 ('act' for short) as amended by act 29 of 1989, and the validity of rule 50 of the employees' state insurance (central) rules, 1950 ('rules' for short), together with rules 51 and 54 thereof, as amended by the employees ..... in maharashtra state board ..... newspapers (bombay) ..... the state of bombay : 1978crilj1281 , though at the same, striking note of caution as to .....

Pandurang Annaji Kokatnur Vs. Channabasappa and ors.

Court : Karnataka

Reported in : AIR1961Kant259; AIR1961Mys259

..... . in that case, the question that arose forconsideration before their lordships of the privycouncil was as to the validity of section 30 ot the bengal money-lenders act, 1940 ..... . thereiore, section 30 of the bengal money-lenders act was not ultra vires ..... held to be applicable to the proceeding, then the order passed by the courts below can be justified, but he urges that the provisions of section 52 of the bombay agricultural debtors relief act are not applicable to the proceeding, and in developing this argument, he has made three submissions to the court, the first is that section 52 of the bombay agricultural debtors relief act speaks about the computation of the period of limitation for the institution of any suit or proceeding, and he contends that ..... . it may happen that certain proceedings may be pending in a civil court by way ot suit, appeal or execution proceedings in which the agricultural debtor is involved and in order to give relief to such person, the act contains a provision whereby the board or the court under the bombay agricultural debtors relief act may withdraw the suit, execution application or other proceedings pending in a civil court and give relief to him if it finds the agricultural debtor is a debtor as defined under ..... . it appears that the earlier case reported in ilr (1946) 1 cal 373, was not brought to the notice of their lordships in the subsequent case ..... . i however, respectfully dissent from the view taken in ilr (1946) 1 cal 373.7 ..... ., ilr (1946) i cal 343 .....

Mangalore Ganesh Beedi and Allied Beedi Factories Workers Association ...

Court : Karnataka

Reported in : 2003(5)KarLJ26; (2003)IIILLJ861Kant

..... various components of costs so that the worker gets minimum remuneration which can provide for sustenance and maintenance of the worker and his family and preserve his efficiency.section 2(h) defines 'wages' as under:'2(h) 'wages' means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such ..... bombay, : air1962bom97 , a division bench of the bombay high court held that after receiving representations if the government intend to raise the proposed rates of minimum wages, they need not publish fresh proposals for the purpose and that there is nothing in section 5 or any other provision of the act which prevents the government from either reducing or increasing the rates of minimum wages which they might publish as their proposals under section ..... in the writ petitions it is alleged that the neighbouring states like madhya pradesh, maharashtra, andhra pradesh, tamil nadu, contribute about 60% of total production of beedi in the country and that the total of minimum wages, that is, basic wage and dearness allowance is not as high as what ..... with the appointment of the central pay commission the government of india introduced the minimum wages bill in the indian legislative assembly, on february 11, 1946, the bill was referred to the select committee in march 1947, which was reconstituted in november 1947. .....

Gadigeyya Veerayya Kalmath and ors. Vs. Sri Vishnu Dev and ors.

Court : Karnataka

Reported in : AIR1973Kant207; AIR1973Mys207

..... mentioned at this stage that no documentary evidence is produced by the defendants showing that mahabala setty in fact had borrowed money from the said rural bank end that defendant 1 had stood surety in respect of the said debt. ..... exhibit 85 was binding on the plaintiffs; (2) that defendants 1 and 2 had not violated the condition in the lease deed which prohibited alienation of the properties; and (3) that in view of the provisions of the bombay tenancy and agricultural lands act, the suit was not maintainable before the court below. 11. ..... but of course, if that danger arises or has arisen from any misconduct to which the lender is or has been a party, he cannot take advantage of his own wrong to support a charge in his own favour against the heir grounded on a necessity which his own wrong has ..... other contention raised on the basis of the corresponding provision in the mysore land reforms act has not been raised before the court below nor before this court by suitably amending the ..... the particular instance the charge is one that a prudent owner would make in order to benefit the estate, the bona fide lender is not affected by the precedent mismanagement of the estate. ..... maharashtra ..... disputed in this case that a large portion of the suit lands has been converted into non-agricultural purposes, and to that extent, they have ceased to be agricultural lands, and further by virtue of section 88-b of the btal act. ..... held that the suit was maintainable in view of section 88-b of the b. t. a. l. .....