Judgment Search Results Home > Cases Phrase: bombay non agriculturists loans act 1928 maharashtra section 3 purpose for which loans may be granted Page 1 of about 19 results (0.218 seconds)

Jai Ganesh SRA CHS (Prop.) and Another Vs. State of Maharashtra and Ot ...

Court : Mumbai

..... loan act, 1883, the agriculturists loans act, 1884, or the bombay non-agriculturists loans act, 1928 or in favour of a co-operative society or the state bank of india constituted under section 3 of the state bank of india act, 1955, or a corresponding new bank within the meaning of clause (d) of section 2 of the banking companies (acquisition and transfer of undertakings) act, 1970, or the maharashtra state financial corporation established under the relevant law in consideration of a loan advanced to him by such co-operative society, state bank of india, corresponding new bank, or as the case may be, maharashtra ..... new bank or as the case may be, the maharashtra state financial corporation in the event of such occupant making default in payment of such loan in accordance with terms on which such loan is granted, it shall be lawful for the state government, the co-operative society, the state bank of india, the corresponding new bank, or as the case may be, the maharashtra state financial corporation to cause the ..... for land to the government or to the municipal corporation of greater bombay or to the trustees of the port of bombay or to a fazendar, except when such money is paid by a person holding such land on a tenancy for a term of less than one years; (aa) 'revenue division' means such local area in the city of bombay as the collector may, subject to the order of the state government, by an order in the official gazette, constitute to be a revenue division for the purpose .....

Patel Rameshbhai Ramabhai and anr. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (2008)3GLR2049; 2008GLH(1)298

..... state government under the land improvement loans act, 1983, the agriculturists' loans act, 1984, or the bombay non-agriculturists' loans act, 1928, as in force in the state of gujarat, or in favour of a bank or co-operative society, and without prejudice to any other remedy open to the state government, bank or co-operative society, as the case may be, in the event of his making default in payment of such loan in accordance with the terms on which such loan was granted, it shall be lawful for the state government, bank or co-operative society, as t he case may be, to cause his interest in the land ..... . it is, therefore, not possible to accept the contention urged on behalf of the purchasers that the period of limitation stipulated in section 76a of the act should be taken into consideration for the purpose of explaining the scope and ambit of 'reasonable period' within which the proceedings under section 84c of the act must be initiated to avoid the risk of being set aside on the ground of delay....in this connection it is also necessary to refer to the following observations made by this court speaking through hon' ..... state of maharashtra reported in 2007 (3) glr 2610. mr. .....

Navjivan Paper Mart Vs. Raikot Vibhagiva Nagrik Sahakari Bank Ltd.

Court : Gujarat

Reported in : AIR1975Guj18; (1975)0GLR80

..... however, the same could not be sold for want of buyers, with the result that the collector of bombay made an order and issued a certificate of transfer under section 100 of the maharashtra co-operative societies act, 1960 (hereinafter referred to as the 'maharashtra act') on may 13, 1963 in favour of the bank directing that the right, title and interest of the owner in the said property would be transferred to the bank subject ..... whole or in part whether with or without a loan taken from the society by him,(ii) cattle fodder for cattle, agricultural or industrial implements or machinery, or raw materials for manufacture, or workshop, godown or place of business, supplied to, or purchased by him in whole or in part, from any loan whether in money or goods made to him by the society, and(iii) any movable 'property which may have been hypothecated, pledged or otherwise mortgaged by him ..... as indicated in the preamble to the bombay co-operative societies act, 1925, its object is inter alia 'promotion of thrift, self-help and mutual -aid among -agriculturists and other persons with common economic needs' ..... the object in grouping the co-operative societies for the purpose of the provisions of section 48 being as stated above, it is clear that the intelligible differentia which enables the societies to be grouped together as a class has a ..... non-member arises through a transaction which the member entered into with the society as a member, the non-member can be proceeded against under section .....

Gadchiroli Zilla Sahakari Krushi and GramIn Bahu-udeshiya Development ...

Court : Mumbai

Reported in : 2003(4)ALLMR283; 2003(5)BomCR389; 2003(2)MhLj790

..... for which the banks were established is contained under section 111 of the maharashtra cooperative societies act, 1960 and this purpose is for advancing long term loans for various purposes enumerated in the said ..... was pending against a licensee or importer or any other person, and the central government or the chief controller of imports and exports was satisfied that without ascertaining further details in regard to such allegation, the grant of licence or allotment of imported goods will not be in the public interest, then notwithstanding anything contained in the order, the central government or the chief controller of imports and exports could keep in abeyance ..... reducing indebtedness and of bringing credit facilities within the reach of agriculturists on reasonable terms had engaged the attention of the government of india ..... in para 11(d) about the non mention of as to which condition of registration or management of the act or the rules or bye laws had been violated and, therefore, the orders suffered from non-application of mind, i may state that the order passed by the state of maharashtra on 31-12-1999 was clearly a general policy directive contemplated under section 4 of the maharashtra co-operative societies act, 1960 ..... province of bombay took the lead and in 1925, the bombay co-operative societies act, 1925 was passed which was amended to inter alia allow the state government to extend financial assistance to societies and to guarantee the repayment of loans given .....

Ganpatlal Baldeo Chamedia Vs. Purshottam Ramgopal Bajoria and anr.

Court : Mumbai

Reported in : 1988(1)BomCR562; 1988MhLJ469

..... section shall apply to the lands purchased by an occupancy tenant.rule 31-a (k) : that the land is being mortgaged for securing a loan from government or a co-operative society;(1) that the land is being mortgaged for securing a loan from the state bank of india for improvement of the land or for better or efficient utilization of the land for purposes of agriculture.point that arises is whether an exception about mortgage without delivery of possession---in this case simple mortgage under section 58(b) of the transfer of property act ..... section 89 of the tenancy act creates a bar against transfer of land to non-agriculturists ..... under section 57 of the bombay tenancy and agricultural lands (vidarbha region) act, 1958 (the tenancy act), a tenant who purchases land under certain provisions of the said act cannot make certain transfers without previous sanction of the collector, which sanction is to be accorded in the circumstances specified by rule 31-a of the bombay tenancy and ..... , 1986 maharashtra law journal 421 which takes a view that the original land owner has no locus standi in the matter of proceedings for sanction by collector under section 57 as ..... the collector must be approached for permission which can always be granted in genuine cases and under ..... act in view of section 2(34) of the tenancy act which states that the words and expressions used in this act but not defined shall have the meanings assigned to them in the code and the transfer of property act, 1882 as the case may .....

Haresh V. Milani Vs. Jt. Commissioner of It

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2007)111TTJ(Pune.)310

..... the hon'ble bombay high court held that the ratio of the decision of the supreme court was that what is to be determined is the character of the land according to the purpose for which it was meant or set apart and can be ..... whether permission under section 63 of the bombay tenancy and agricultural lands act, 1948, was obtained because the sale or intended sale was in favour of a non agriculturist? ..... 2d(wt) of 1960 dt 26.2.68 wherein it was clarified that the land which is covered by the town planning scheme may be treated as agricultural land provided the following conditions are satisfied: he further submitted that although the said circular applies to wealth-tax for granting exemption under section 2(e)(i) of the wealth-tax act, the same can be applied with equal force in the relevant circumstances arising under the income-tax act. ..... he further submitted that determination of the character of a particular piece of land, according to the purpose for which it is meant or set apart and can be used, is a matter, which ought to be determined on the facts of each particular case. ..... the price realized by him on sale of land is only because of the reason that regional town planning department, government of maharashtra has issued a map dt 18-8-92 certifying that the said land/s are located in industrial zone designated by govt. ..... of maharashtra prior to ..... of maharashtra, pune, had issued a map dtd ..... of maharashtra prior to ..... of maharashtra prior to 25/7/91 ..... of maharashtra, pune, had issued a map dt .....

Fatehchand Himmatlal and ors. Vs. State of Maharashtra

Court : Supreme Court of India

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

..... be that as it may, the economic distress, for which money-lenders dealing with the weaker sections are mainly responsible, is clearly ..... 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. ..... farmers' service societies-all these have to be strengthened and their activities expanded to give purposeful direction to this task and to ensure that the interests of agriculturists and farmers, especially the small farmer, are looked after, there is need for an apex agricultural development bank in india.72. ..... so we cannot embark upon a study of the working of stock-ex changes, the dependence of industry and business on credit and key-loans, the role of pledges in financing commercial activity, when the challenge is to an economic legislation dealing with the lowliest and the lost, the destitute and the desperate, far from big ..... enquiry is a travesty of justice or violation of provisions, where the finding is a perversity of adjudication or fraud on power, the high court is not powerless to grant remedy, even after the recent package of constitutional amendments. 51. ..... solidarity is a human reality, not mere constitutional piety, and a non-exploitative economic order outlined in article 38, is the bedrock of a .....

Vidarbha Irrigation Development Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (2005)93ITD184(Nag.)

..... authority entitled to exemption under section 10(20a) of the act, the cit(a) held that the assessee is not involved in implementation of any housing programme or for the purpose of planning, development or improvement of cities, towns and villages or for both but was formed for the purpose of completing some ongoing irrigation projects and hydro-electric power projects, which cannot be said to be ..... non agriculturists the provisions only speak of the collecting water charge's from the state government, local authority, governmental bodies and water users association which ..... section 30 of the vidc act are relevant in this regard and the said provision reads as follows: (1) the corporation shall have and maintain its own fund, to which shall be credited,- (a) all the moneys received by the corporation from the state government by way of grants, subventions, loans, advances and the loans raised under this act; (b) all fees, costs and charges received by the corporation under this act ..... daman and diu, and pondicherry, a company formed and registered under any law for the time being in force in that union territory : provided that the registered or, as the case may be, principal office of the company, corporation, institution, association or body in all cases is in india; section 2(31) defines a 'person' as follows: (v) an association of persons or a ..... section 24 the assessee can exercise all the powers exercisable by the state government under the maharashtra irrigation act, 1976 & bombay .....

Topa S/O Dhenu Rathod Vs. Maheshkumar S/O Shankarlal

Court : Mumbai

Reported in : 1996(2)BomCR703

..... partly as tenant exceeding two-thirds of the ceiling area determined under the maharashtra agricultural lands (ceiling on holdings) act, 1961, or who is not an agricultural labourer :provided that the collector or an officer authorised by the state government in this behalf may grant permission for such sale, gift, exchange, lease or mortgage, in such circumstances and subject to such conditions as may be prescribed.explanation - for the purpose of this sub-section the expression 'agriculturist' includes any person who as a result of the acquisition of his land ..... in gundaji satwaji shinde's, case (cited supra), the apex court considered section 63 of the bombay tenancy and agricultural lands act, 1948, which is identical and pari materia with the present aforesaid section 89, and in para 6 the apex court observed thus :---'6. ..... 1200/- from plaintiff's father and executed an agreement of sale as a security to the loan amount which was nominal and never to be acted upon? ..... the permission, therefore, must be secured by a 'non-agriculturist' and a person not an agricultural labourer before the sale takes place. ..... (3) nothing in this section shall apply to a mortgage of any land or interest therein effected in favour of a co-operative society as security for the loan advanced by such society. .....

Jujhar Singh S/O Gurcharan Singh Vs. State of U.P. Through Secretary R ...

Court : Allahabad

Reported in : IV(2007)BC190

..... section 18 of the act provides that no other court or authority except the supreme court and high court under article 226 would have jurisdiction, power or authority over a matter for which relief can be granted by the tribunal under section 17 of the act ..... of loans due to a bank whether for agricultural purpose, industrial purpose, housing purpose or for any other purpose would be covered within the normal activity of banking if the loan relates ..... of a state has competence to legislate in relation to co-operative societies, incidentally, it will have the powers to legislate in relation to the co-operative societies, which are doing banking business and make a provision which may relate to the aspect of banking business and such incidental provision which is made by the state legislature cannot be said to be beyond its legislative competence, and will continue to operative till the parliament intervenes and makes a specific ..... cooperative societies a full bench of the bombay high court was required to consider the question of primacy between the provisions of the maharashtra cooperative societies act, 1960 a state legislation on the ..... of object and reasons and submitted that the agricultural credit act was enacted to provide financing to agriculturists who were not being given credit by commercial banks. ..... the two legislations are over a territory, which is common to list 1 as well to list ii the parliamentary legislation would prevail in view of the non obstante clause in article 246(1). .....