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. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)18GLR515
..... was to impose restrictions on the transfer of agricultural land, dwelling houses and sites and lands appurtenant thereto, belonging or occupied by agriculturists, agricultural labourers, artisans in the province of bombay, and to make provisions for certain other purposes, because the state legislature which was legally competent to enact this legislation in the matter of such agricultural land within the state wanted to place these restrictions ..... long as the same legislature was legislating for the whole of maharashtra, it was held that the ceiling act, 1961, applied to the whole of the state of maharashtra and, therefore, the expression 'agriculturist' used in section 63 must cover all persons who were carrying on agricultural operations within the entire state of maharashtra, even within the different local areas. ..... land or interest therein,....shall be valid in favour of a person who is not an agriculturist or who being an agriculturist cultivates personally land not less than the ceiling area whether as an owner or tenant or partly as owner and partly as tenant 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, on such conditions ..... concerned would not be agriculturist qua this land and would have to be treated as a non-agriculturist where the sale could only take place with the permission of the collector which has been refused .....
Tag this Judgment!Court : Gujarat
Reported in : (1971)12GLR355
..... ,(d) in any of the securities specified in the section 20 of the indian trusts act, 1882, (e)in shares, or security bonds, or debentures, issued by any other society with limited liability, or(f) in any co-operative bank or in any banking company approved for this purpose by the registrar, and on such conditions as the registrar may from time to time impose,(g) in any other ..... through a member, past member or a deceased member of a society, or a society which is a member of the society;(c) a person, other than a member of the society, who has been granted a loan by the society, or with whom the society has or had transactions under the provisions of section 46, and any person claiming through such a person;(d) a surety of a member, past ..... bombay co-operative societies act, 1925, its object is inter alia 'promotion of thrift, self-help and mutual aid among agriculturists ..... co-operative society under the provisions of section 71 or who have transactions with a co-operative society which are not 'transactions under the provisions of section 46' are left out from the scope and ambit of the impugned provisions : there is no intelligible differentia distinguishing one class of non-members from the other and in any ..... maharashtra co-operative societies act, 1961 but section 91(1) of that act is almost in the same terms as our section 96(1) arid the inter-pretation placed by the supreme court on an identical expression in that section must equally apply in relation to the present section .....
Tag this Judgment!Court : Gujarat
Reported in : (1984)2GLR1244
..... learned counsel for the petitioners, the consequence to which a society is exposed for non-compliance of the directions which may be given in the name of public interest or prejudicial management of the affairs, is of winding up under section 107. ..... with the result that there is a constitutional guarantee that every association shall effectively achieve the purpose for which it was formed without interference by law except on grounds relevant to the preservation of public order or morality, set out in clause (4) of article 19 putting aside for the moment the case of labour unions to which we shall refer later, if an association were formed, let us say for carrying on a lawful business such as a joint stock-company or a partnership, does the ..... as contra-distinguished with the act of 1912 which was restricted in its operation to agriculturists, artisans and persons of limited means, the bombay act of 1925 was extended to all the persons having common economic needs irrespective of the needs ..... the learned advocate general on behalf of the state government makes an oral application for the grant of certificate for leave to appeal to the supreme court under article 132(1) read with article 133 ..... submission of the learned counsel for the petitioners, no financial assistance can be foisted on any person much less a co-operative society which can always repay the loan which has been once advanced by ..... , according to the state government, in maharashtra co-operative societies act, 1960. ..... 1928 .....
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