Judgment Search Results Home > Cases Phrase: bombay money lenders act 1946 maharashtra section 5 money Court: supreme court of india Page 1 of about 376 results (0.177 seconds)

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. .....

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 .....

Associated Timber Industries and Others Vs. Central Bank of India and ...

Court : Supreme Court of India

Reported in : AIR2000SC2689; [2000]102CompCas134(SC); JT2000(9)SC17; 2000(5)SCALE577; (2000)7SCC93; [2000]Supp2SCR310; 2000(2)LC1423(SC); (2000)3UPLBEC2191

..... in bombay money-lenders act, 1946 section 2 clause (10) provides that money-lender means (i) an individual, or (ii) an undivided hindu family; or (iii) a company or (iv) an unincorporated body of individuals, who or which (a) carries on the business of money-lending in the state or (b) has his or its principle place of such business in the state and includes a pawn-broker but does not include - (i) government (ii) a local authority (iii) a bank (iv) the agricultural refinance corporation constituted under the agricultural refinance corporation act, 1963; or (v) any other banking, ..... money-lenders act, 1934, in the preamble of the act it is stated 'whereas it is expedient to make better provision for the control of money-lending and to give additional powers to courts to deal with money lenders in assam; and whereas the previous sanction of the governor general has been obtained under sub-section (3) of section 80-a of the government of india act. ..... in tamil nadu money-lenders act, 1957 the expression 'money lender' is defined in section 2(8) to mean a person whose main or subsidiary occupation is the business of advancing and realizing loans, but excludes a bank ..... state of maharashtra : [1977]2scr828 the constitution bench of this court considering the constitutional validity of the maharashtra debt relief act, 1976 observed:a meaningful, yet minimal, analysis of the debt act, read in the light of the times and circumstances which compelled its enactment, will bring out the humane .....

State of Maharashtra and ors. Vs. Sarangdharsingh Shivdassingh Chavan ...

Court : Supreme Court of India

..... the high court, however, recorded that on the complaint filed by the writ petitioner - the first respondent herein, a chargesheet was filed for offences under sections 341, 342, 363, 392, 504 read with section 34 of indian penal code and section 32b of the bombay money lenders act, 1946. ..... vilasrao deshmukh as the chief minister of state of maharashtra is expected to know that the farmers of the state specially those in the vidarbha region are going through a great deal of suffering and hardship in the hands of money lenders.25. ..... he also admits to have received instructions from the collector by the collector's order dated 5.6.2006 about the collector's meeting with the then chief minister of the maharashtra and also about the manner in which the police has to deal with the complaints against dilip kumar sananda and his family members. ..... therefore, this court by an order dated 31st march 2010, gave notice to the then chief minister of state of maharashtra, presently union minister, department of heavy industries, government of india and directed service of the entire paper book of special leave petition on him in order to enable him to file an affidavit in the context of the letter dated 5th .....

Fatehchand Himmatlal and ors. Vs. State of Maharashtra

Court : Supreme Court of India

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

..... the bombay money-lenders' act, according to the committee, hardly helped bail out the weaker sections. ..... to come to humane terms with harsh realties by subjecting itself to the reasonable, though unpalatable, regulations of the debt act and like measures or to face the adaptation breakdown where law may fail too keep order against those who have nothing to lose except their chains-this is the sort of sociological hobson's choice before the 'money-lenders' of maharashtra. ..... the affidavit goes on to state:i say that in 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, 1956. ..... in the counter affidavit filed on behalf of the state of maharashtra, a lurid presentation of the lender borrower scenario is found. ..... the statement of objects and reasons of the maharashtra ordinance vii of 1975 which was the precursor to the impugned act, contains the following statement:the problem of urban and rural indebtedness has assumed enormous proportions in recent times. ..... very convincing and compelling, with special reference to maharashtra, is the report of a high-powered committee appointed by the government of maharashtra to make recommendations for the relief of rural and urban indebtedness. .....

Union of India (Uoi) and ors. Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR2008SC521; 2008(1)AWC483(SC); 2007(12)SCALE719; [2007]80SCL80(SC),2007AIRSCW7393

..... that service to be rendered is not a condition precedent and there should be reasonable relationship between levy of fee and services rendered and in that context, their lordships affirmed the validity of levy of fee under the bombay money-lenders act, 1946. 20. ..... in this background, the division bench of the high court after exhaustively dealing with several cases on the subject came to the conclusion that in view of the provisions of the act of 1975 and with reference to article 285 and article 289 of the constitution of india, consumption charges on water or such services which are rendered under the statutory obligation for which the jal sansthan is to ..... their lordships after examining the decision in re sea customs act (1878) section 20(2) (supra) in reference by a nine judge bench observed that article 285 is a mandate and not indirect tax such as sales ..... we make it clear that the rights of the local authority as flowing under section 135 of the indian railways act, 1890 stand preserved in the event of the central government moving into the matter, if not already ..... this connection, a reference was made to the decision of this court in re sea customs act (1878), section 20(2) air 1963 sc 1760. ..... state of maharashtra : air2005sc635 ..... in this connection, section 184 of the railways act, 1989 was also referred to which lays down that the railway administration shall not be liable to pay any tax in aid of the funds of any authority unless the central government by notification declares .....

Samatha Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305

..... loan for a fixed number of years (tirumanam) during which period the tribals have to cultivate their land, raise the crop and deliver the entire produce to the moneylender; by usufructuary mortgage, the money lender remains in possession and enjoys the produce from the land for a fixed number of years or till the principal sum is repaid; by advancing cash and kind loans (namu) and lending commodities like ..... their agricultural land passing to the more civilized section of the population, and the occupation of the tribals was for the most part agricultural and, secondly, they were likely to get into the wiles of the money-lender. ..... the maharashtra land revenue code and tenancy laws (amendment) act, 1974 and the maharashtra (restoration of lands to scheduled tribes) act, 1974 also prohibit alienation and ensure restoration of alienated lands ..... as early as in 1901, in gujarat, some measures of protection were provided (when it formed part of the bombay province) by amendment of sections 73-a and 79-a in the bombay land revenue code, 1879, and imposed ban on transfer of land of tribes in those scheduled villages in which survey and settlement had not been introduced ..... as is seen, sections 91 and 92of the government of india act and the cabinet mission statement of may 16, 1946 emphasised the special attention ..... it is further stated as under:- the cabinet missions statement of may 16, 1946, mentioned the excluded and partially excluded areas and the tribal areas as requiring the .....

Ferro Alloys Corpn. Ltd. Vs. A.P. State Electricity Board and Another

Court : Supreme Court of India

Reported in : AIR1993SC2005; JT1993(3)SC82; 1993(2)SCALE593; 1993Supp(4)SCC136; [1993]3SCR199

..... state of maharashtra : [1977]2scr828 it was observed:maybe, some stray money-lenders may be good souls and to stigmatize the lovely ..... made by the electricity board from a consumer of high tension electricity, the demand could not be said to be unreasonable and the consumer would not be entitled to continuation of the energy under section 24 of the electricity act on his failure to deposit such security, even if no agreement had been entered into between the consumer and the board after the commencement of high tension supply. ..... for appreciating the argument based on section 59, it is necessary to hear in mind the distinction in section 59 as it stood prior to 1978, as amended by act 23 of 1978 and finally as amended by act 16 of 1983, quoted earlier,prior to 1978, section 59 required the board, as far as practicable and after taking credit for any subventions from the state government under section 63, not to carry on its operations under this act at a loss and for this purpose, it was composed to adjust its charges ..... the deposit of security is like the usufructory mortgage which is provided for in section 76 of the transfer of property act section 76 g & h provide that the mortgagee in a unsufructory mortgage would have to keep account of the incomes received from the mortgagee in his use and would have to pay compensation for the benefit derived ..... municipal corporation, bombay : [1972]2scr257 it was observed:the levy of the cess under section 27 of the act is not based on the .....

New Horizon Sugar Mills Ltd. Vs. Govt. of Pondicherry.

Court : Supreme Court of India

Reported in : AIR2013SC584; 2012(10)SCC575; AIR2012SCW5164

..... the appeal from the decision of the full bench of the bombay high court came to be considered subsequently on 29th september, 2011, when the constitutional validity of the maharashtra act was upheld with the rider that if any party wished to submit that it was not covered by the maharashtra act or the tamil nadu act, it would be open to them to take appropriate ..... who by his order dated 12th july, 2005, in pnl investors welfare association versus union of india, with reference to the sarfaesi act, the sick industrial companies (special provision) act, 1958, act 1 of 2005 and the provisions of the industrial disputes act, 1947, and in particular, section 25ff thereof, disposed of the writ petitions upon holding that the members of the workers association/workers, either individually or through their ..... money-lending and money- ..... . ganguli submitted that it had been clearly indicated therein that the mere absence of exercise of such power conferred under section 58b (5a) or 58g of the reserve bank of india act, could not by itself validate the impugned legislation where the government had proposed to protect the interests of depositors, in the public interest and in order to regulate the activities of ..... default even in payment of the first instalment, the bank proceeded further and under the provisions of sub-sections (2) and (4) of section 13 of the sarfaesi act took possession of the property offered as security and also initiated steps for sale of the same by .....

Baburao Bhavadu Sonar Vs. Punamchand Onkardas Nahata and anr.

Court : Supreme Court of India

Reported in : (1969)3SCC670

..... bhusaval under section 83 of the transfer of property act and sections 30 and 31 of the bombay money lenders act, 1946, hereinafter called the act, praying that respondent 1 be ordered to render account as mortgagee in possession and be directed to hand over the possession of the mortgaged property to the ..... is what the learned judge observed:while dealing with opponent 1, i rejected the present petitioner's contention that he not being the original debtor was not entitled to apply under section 31 of the money lenders act. ..... trial court also ordered the suspension of money, lender's licence of respondent 1 for one year under the provisions of the act. ..... the trial court raised issues including the question whether the mortgage money was loan for the purpose of sections 30 and 31 of the act; whether the appellant was a debtor and whether respondent 2 was not a trader on the date of the ..... are satisfied that in the present case it was not open to the high court to go back on or change its previous decision with regard to the right of the appellant to file and maintain an application under section 30(1) of the act and take advantage of its other relevant provisions.9. ..... high court by an order, dated march 15, 1961 set aside the order of the trial court and remanded the matter with a direction that it should proceed under section 31 of the act and dispose of the case in accordance with law. ..... was held that the mortgage money was not a loan within the meaning of sections 30 and 31 of the act. .....