Judgment Search Results Home > Cases Phrase: bombay money lenders act 1946 maharashtra section 5 money Page 11 of about 3,267 results (0.199 seconds)

Vithal Krishna Shanbhag Vs. Sogmal Nathmal and Co.

Court : Mumbai

Reported in : AIR1958Bom92; (1957)59BOMLR1043; ILR1958Bom329

..... in the first instance, the right that is conferred upon a debtor by section 30 of the bombay money-lenders act, 1946 is a substantive right and no procedural provision shall be so construed as to negative a substantive right. ..... therefore, it would be improper, in our opinion to construe these provisions as negativing or superseding the right of a debtor under the bombay money-lenders act, 1946 to present an application under section 30. ..... 3000/- ; and in this suit the defendant made an application under section 30 of the bombay money-lenders act, 1946. ..... therefore, whichever way one looks at it, in our opinion, that right conferred upon a defendant in a suit, to which the bombay money-lenders act applies, to present an application under section 30 is not in any manner affected, if the suit happens to be a summary suit and he has not obtained leave to appear and defend.3. mr. ..... the only point, which is a neat question of law, that really arises for determination is whether the defendant is entitled to present an application under section 30 of the bombay money-lenders act, notwithstanding the fact that ho has failed to obtain leave to appear and defend the suit. .....

State Vs. Devsi Dosa

Court : Mumbai

Reported in : (1960)62BOMLR316; 1960CriLJ1317

..... a notice was given to him under section 13-a of the bombay money lenders' act, 1946, and in response to it the ..... therefore be held that the accused was bound to produce the documents which he was called upon to produce under the provisions of section 13-a of the bombay money lenders' act. ..... we are also of the view that though the production by the respondent of his books would show that he was carrying on money lending business contrary to the provisions of the bombay oney lenders' act, 1946, he is not entitled to claim protection under the article because these proceedings are not concerned with any accusation aginst the respondent of ..... therefore is whether the respondent could have been lawfully compelled to objections which found favour in the trial court and which are presssed here are that the formalities of section 13-a of the money lenders' act were not complied with and the production saved by article 20, clause (3) of the constitution. ..... (11) we are of the view, therefore, that section 13-a of the money lenders' act is not bad and does not offend against the provisions of article 20, sub ..... magistrate goes on to say that is is not the function of the registrar nor the function of the officers empwered under the money lenders' act to visit a shop of a person and call upon him forthwith to produce books for inspection. ..... the proceedings in the present case are administrative in nature being under the money lenders' act and the respondent has been accused at any stage of any offence .....

In Re: Parashuram Laljishet Gujar

Court : Mumbai

Reported in : AIR1952Bom276; (1952)54BOMLR160; ILR1952Bom914

..... order[1] by this revision application the accused challenges his conviction under sections 5 and 25(3), bombay money-lenders act, 1946. ..... so long as he finds obliging customers who will return the loans to him, he could flagrantly defy the provisions of the bombay money-lenders act and carry on his business and no ill can happen to him. ..... (3) was added to this section by act lvii [57] of 1919 and that subsection is that if any money-lender charges or receives from a debtor interest at a rate exceeding the maximum rate fixed by the provincial government under sub-section (1), he shall, for the purpose of section 34, be deemed to have contravened the provisions of the money-lenders act.mr. ..... the penal section under which the accused has been convicted is section 34 which provides that whoever fails to comply with or acts in contravention of any provision of this act, shall, if no specifics penalty has been provided for in this act, is punishable in the manner laid down in that section.turning to section 5 it provides that no money-lender shall carry on the business of money-lending except in the area for which he has been granted a license and according to the terms and conditions of such license. .....

M/S. M.J. Brothers Vs. Amar Finance and Estate

Court : Mumbai

Reported in : AIR1992Bom1; 1992(2)BomCR397; 1991(2)MhLj1144

..... question is raised in this appeal in regard to the obligation of the court in transactions covered by the bombay money-lenders act, 1946. 2. ..... section 30 of the act entitles a debtor to make an application to court for taking accounts and for declaring the amount payable by him to a money-lender ..... for the time being in force, the court shall, in any suit to which this act applies, whether heard ex parte or otherwise - (a) reopen any transaction, or any account already taken between the parties; (b) take an account between the parties; (c) reduce the amount charged to the debtor in respect of any excessive interests; (d) if on taking account sit is found that the money-lender has received more than what is due to him pass a decree in favour of ..... relevant, in our view, are the contentions that the respondents have ceased to be money-lenders or that they would be required to produce books of account relating to years long past ..... is in relation to an agreement entered into when they were money-lenders and the provisions of the act must apply to it. ..... the appellants filed in that suit a petition under section 30 of the act for taking an account of the transactions between themselves and ..... the parties or any person through whom they claim at a date more than six years from the date of the suit; (ii) do anything which affects any decree of a court, explanation :-- for the purpose of this section 'excessive interest' means interest at a rate which contravenes any of the provisions of s. 25.' 4. .....

Dharamdas Motibhai Wani Vs. Shidya Jatrya Bhil and ors.

Court : Mumbai

Reported in : AIR1972Bom65; (1971)73BOMLR458; ILR1971Bom1054; 1971MhLJ608

..... in both the suits, contentions were taken as to whether the transactions were governed by the bombay money lenders act, 31 of 1947, (hereinafter for the sake of brevity referred to as the 'money - lenders act.'). ..... section 10 of the act provides that no court shall pass a decree in favour of a money - lender in any suit filed by him to which the money - lenders act applied unless the court was satisfied that at the time when the loan or any part thereof, to which the suit relates was advanced ..... the suit transactions being loans by a money - lender were hit by section 10 of the money - lenders act.10. ..... the question is whether by virtue of section 80 of the negotiable instruments act, an advance becomes an advance at interest and, therefore, a loan within the meaning of section 2 (9) of the money - lenders act.8. dr. ..... if, however, the plaintiff produces such licence within that period, the suits shall be decreed after taking into consideration the question of interest, costs and instalments under sections 21 and 24 of the money - lenders act. ..... the learned judge, in my opinion, ought not to have dismissed the suit, but to have followed the procedure prescribed by section 10 of the money - lenders act.11. ..... this contention also does not follow naturally from the words used in section 2 (9) of the money - lenders act.9. ..... the finding that the plaintiff is a money - lender and that the suit transactions were loans within the meaning of section 2 (9) of the money - lenders act, will, however, stand. .....

Sajanlal Jhaverilal and Co. Vs. Gulabchand Keshrichand and ors.

Court : Mumbai

Reported in : AIR1953Bom125; (1952)54BOMLR632

..... ' (9) in exercise of the power reserved to the provincial government under sub-section (1) of section 25, a notification was issued by order of the governor of bombay on december 27, 1947: 'in exercise of the powers conferred by section 25 of the bombay money-lenders act, 1946 (bombay act xxxi of 1947), the government of bombay is pleased to fix the following maximum rates of interest for all classes of business of money-lending for the whole province: (i) six per cent, per annum for secured loans; (ii) nine per cent, per annum ..... is therefore not one to which the bombay money-lenders act, xxxi of 1947, applies, and therefore the court is not prohibited by reason of sub-section (2) of section 25 from awarding interest at a rate exceeding the maximum, rates fixed under sub-section (1) of section 25. ..... of the plaintiffs concedes that the plaintiffs are money-lenders under the provisions of the bombay money-lenders act, xxxi of 1947. ..... that section, as amended by the bombay money-lenders (amendment) act, xiii of 1951, provides as follows ..... legislature has made all agreements between money-lenders and debtors for payment of interest exceeding the rates fixed in the notification issued under sub-section (1) of section 25, invalid, and therefore irrespective of the question, whether the loan was one which was advanced before the date on which the act was brought into operation or the date on which the notification was issued by the government of bombay, the provisions limiting the rate of .....

Ganesh S/O Madhavrao Hawaldar Vs. Mithalal S/O Keshaolal Dave

Court : Mumbai

Reported in : AIR1999Bom120; 1999(1)ALLMR598; 1999(1)BomCR868; 1999(1)MhLj110

..... it is then submitted by shri kaptan, learned counsel for the appellant, that the plaintiff is a money lender and the suit was hit by section 10 of the bombay money lenders act, 1946 by reason of the plaintiff not having the money lending licence. ..... in my view, the lower appellate court has rightly held that the plaintiff not being a money lender was not required to comply with the mandatory provisions of the bombay money lenders act. ..... it is well settled that mere one or two casual transactions of money lending do not make a person as a professional moneylender. ..... in this view of the matter, it cannot be said that the plaintiff had adopted money lending business as a profession. ..... he was, however, unable to show that besides him and his son, other persons had also borrowed money from the plaintiff. ..... the burden of proof was, therefore, on the defendant to show that the plaintiff had adopted the money lending business as a profession. ..... the plaintiff in emphatic terms says that he has never adopted money lending business. .....

Khuraijam Ongbi Thoibisana Devi and Ors. Vs. Akoijam Amubi Singh (dece ...

Court : Guwahati

..... the law points urged before us are (1) whether the suit was hit by section 10(1) of the bombay money-lenders act, 1946, hereinafter the 'act', which was extended to this union territory by notification dated 4-8-61? ..... as barred by section 10(1), bombay money lenders act, 1946. ..... as the records show that the deed is impounded under section 35 of the stamp act and the plaintiff also produced licence as required under the bombay money lenders act, the question of maintainability of this suit on the point does not arise. ..... section the defendants contend that the suit is not maintainable as the alleged deed is not admissible and it is also barred by provision of bombay money lenders act. ..... 4 :'whether the bombay money lenders act will apply in this suit? ..... and whether the plaintiff complied with the provisions of sections 18 and 19 of the money lenders act, 1948? ..... -- (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 licence. ..... ' (underlining ours)sub-section (2) requires granting of time if the money-lender had not a valid licence when the suit was filed. ..... sub-section (4) contains a mandate that if the money-lender fails to produce the licence, the court shall dismiss the suit. .....

Bansilal Ramgopal Bhattad Vs. Harischandra Tatya Bhambhure

Court : Mumbai

Reported in : AIR1953Bom420; (1953)55BOMLR444; ILR1953Bom762

..... the question as to whether the provisions or section 23, bombay money-lenders act, are retrospective or not, mr. ..... section 23, bombay money-lenders act, 31 of 1947, provides that, notwithstanding anything contained in any agreement or any law for the time being in force, no court shall in respect of any loan, whether advanced before or after the date on which this act comes into force, decree, on account of interest, a sum greater than the principal of the loan due on the date of ..... 31-5-1947, the bombay money-lenders act had come into force ..... is to be found in section 4, bengal money lenders act, 7 of 1933, which in other particulars is similar to section 23 of our act.in -- 'brojendrakumar dutta v. ..... section 14 has already been considered; it refers to the special power of the court to cancel or suspend the licence of the offending money-lender.section 21 empowers the court trying such suits to frame a preliminary issue as specified in this section ..... section 10 deals with the power of the court trying such a suit to slay a suit by a money-lender not ..... besides, the repugnancy exists not between two substantive sections of the act, but between a defining section and a substantive section, and it is possible to hold that in fact there is no such real ..... may be possible to urge that the expression 'notwithstanding any law for the time being in force' may cover even the definition contained in section 2 (17) of this act, and in that case the argument of repugnancy would not be valid.8. mr. .....

Karamsingh Nihalsing Vs. Mankuji Zivaji

Court : Mumbai

Reported in : AIR1957Bom12; (1956)58BOMLR382; ILR1956Bom532

..... given an opportunity to the petitioner to show cause why action against him should not be taken under section 14 before the learned judge decided to cancel his licences.that is how the only point which calls for decision in the present revisional application is whether, before exercising its jurisdiction under section 14 (1) (ii), a court trying a suit to which the money-lenders act applies is not required to issue a notice to the party against whom the said jurisdiction is sought to be exercised ..... this revision application raises a short procedural point of some importance under section 14, money-lenders act 31 of 1947. ..... i do not think that legislature intended that the need to give notice (o a party proceeded against, which is founded on paramount considerations of equity, justice and fairness, should be inapplicable to the proceedings under section 14, money-lenders act. ..... section 14 sub-section (1) (ii) provides that a court trying a suit to which the act applies, if it comes to the conclusion that the money-lender before the court is unfit to carry on the business of money-lending because he has committed serious contraventions of the provisions of the act or the rules framed thereunder, may order that all the licences held by such money-lender be cancelled or suspended for such time as it may think fit.the court may also, if it thinks fit, declare any such money-lender to be disqualified from .....