Judgment Search Results Home > Cases Phrase: bombay money lenders act 1946 maharashtra section 5 money Sorted by: recent Page 1 of about 3,214 results (0.161 seconds)

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. .....

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. .....

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 .....

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. .....

Kamlesh S/O Prtapbhal Thakkar and Another Vs. the State of Maharashtra ...

Court : Mumbai Aurangabad

..... the charge sheet is filed against them for offences punishable under section 306, 506 read with section 34 of the indian penal code and for offences punishable under section 32, 33(a), (b) of bombay money lending act. 2. ..... applicant no.1 is a money lender and applicant no.2 is his servant ..... it was submitted for applicant no.1 that he is money lender and he has obtained necessary licence for doing such business ..... it is observed that if due to demand made by the accused, the other person commits suicide, the act of the accused by itself will not amount to abetment within meaning of section 107 of the indian penal code. ..... the time of deciding application filed for discharge, the court is required to consider the provisions of section 227 and 228 of the code of criminal procedure. ..... it is the case of his widow that there was some money lending transaction between the applicants and the deceased and the applicants were harassing the deceased due to the ..... state of maharashtra. ..... state of maharashtra. ..... for the applicants submitted that even if the allegations made against the applicants are accepted as they are, the allegations are not sufficient to make out the case of abetment as defined in section 107 of the indian penal code. ..... there are allegations that there was illegal money lending transaction and when there is such allegation, the aforesaid circumstances are ..... , it was submitted that transaction with the deceased was not of the nature of money lending and there was simply an agreement of sale. .....

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 .....

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 .....

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 .....