Judgment Search Results Home > Cases Phrase: bombay non agriculturists loans act 1928 maharashtra section 4 loans already granted to be deemed to have been granted under act Page 1 of about 18 results (0.337 seconds)

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

Court : Mumbai

..... loan advanced to him by the state government under the land improvement 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 ..... bombay, (b) a municipal corporation constituted under bombay provincial municipal corporations act, 1949, (c) a municipal borough constituted under the bombay municipal boroughs act, 1925, (d) a municipal district constituted under the bombay district municipal act, 1901, (e) a cantonment, or (f) any area included in a town planning scheme under the bombay town planning act, 1954: provided that if any person has acquired any right as a tenant under this act on or after the 28th december, 1948, the said right shall not be deemed to have been affected by the bombay ..... , by notification in the official gazette, declare to be exempt from attachment, and any subsistence grant or allowance made to any such servant while under suspension; (m) an expectancy of succession by survivorship or other merely contingent or possible right or ..... already formed a slum rehabilitation scheme under the provisions of section 3b of the slum act .....

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

Court : Gujarat

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

..... 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 ..... ][(1aa) notwithstanding anything contained in sub-section (1), it shall be lawful for such tenant or a person to mortgage or create a charge on his interests in the land in favour of the state government in consideration of a loan advanced to him by the 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, ..... for almost 2 years after the said order dated 26.11.1990, no action appears to have been taken and then the deputy collector initiated suo-motu proceedings again under section 76a wherein even after recording the statements and readiness of the petitioner no. ..... state of maharashtra reported in 2007 (3) glr .....

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 to the terms and conditions laid down in the schedule ..... 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 with the society, and remaining in his custody;(b) any outstanding demands or dues payable to a society by any member or a person who has ..... is essentially an association of persons of limited means and, 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'. ..... that claim made against 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 96 provided the value without notice .....

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

Court : Mumbai

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

..... total recovery of 13 crores was made and thus the bank had become unviable and that there was violation of the order issued by the state of maharashtra under section 79a of the act as the entire amount recovered had not been remitted to the apex bank, that 63% of the amount recovered had been used for administrative purposes by the management of the district agriculture and rural development multi-purpose co-operative bank and that there was no satisfactory ..... banks. it was also contended that the banks had adopted model bye-laws and the objects of the bank were specified under section 111 of the maharashtra co-operative societies act, 1960, being the grant of long term loan and were also contained in bye-laws ..... justice.(c) that there was complete non-application of mind because the impugned orders themselves admitted that some recoveries have been ..... the problem of reducing indebtedness and of bringing credit facilities within the reach of agriculturists on reasonable terms had engaged the attention of the government of india since 1870. ..... eventually, in 1956, the government of bombay appointed a committee under the chairmanship of g. m. ..... the 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 by banks to societies. .....

Ganpatlal Baldeo Chamedia Vs. Purshottam Ramgopal Bajoria and anr.

Court : Mumbai

Reported in : 1988(1)BomCR562; 1988MhLJ469

..... section 89 of the tenancy act creates a bar against transfer of land to non-agriculturists ..... 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 he does not have ..... 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 agricultural lands ( ..... (2) any transfer of land in contravention of sub-section (1) shall be invalid:provided that nothing in this 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 ..... further submission is that the only object behind section 57 is to see that the tenant who has been conferred with statutory ownership continues to cultivate the land as before and does not part with possession and the said object ..... doing the collector must be approached for permission which can always be granted in genuine cases and under specified circumstances. .....

Haresh V. Milani Vs. Jt. Commissioner of It

Court : Income Tax Appellate Tribunal ITAT Pune

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

..... 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? ..... merely because the assessee has not given any direct evidence of sale of agricultural produces, which were stated to have been consumed by the assessee for own purposes, is not sufficient to say that the land in question was not agricultural land when it is classified as agricultural land in 7/12 extracts where the nature of the crop and the ..... 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. ..... 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. ..... the cit vide his order under section 263 of the act has set aside the original assessment order made by the ao under section 143(3) with a direction to look into the following facts and reconsider the exemption granted to the assessee under the capital gains tax: it is to be noted that the land is sold to one of the public limited company alfa laval (i) .....

Pukhraj Nagraj Ranka and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1982(2)BomCR235

..... section of the society who are really unable to repay the debts, then the purpose for which the loan is taken as well as average income of the debtor spread over at least 3 years should have been ..... having regard to the history of economic legislation in kerala, the sad plight of the agriculturist debtors in the state and the fact that the agriculturist debtors are living from hand to mouth and below subsistence level, the observations made by this court as quoted above apply to the facts of the present case with full force because similar conditions had prevailed in maharashtra which led to the passing of the maharashtra debt reliefs act ..... the said provisions impose reasonable restrictions in the context of article 304(b) of the constitution of india then it will have to be held, that the supreme court as well as this court has already decided that the said restriction are also reasonable even in the article 19(5) and 19(6) of the constitution of india ..... 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 ..... bombay money lenders act ..... as due to non-implementation of the .....

Vora Saiyedbhai Kadarbhai (a Partnership Firm) Vs. Saiyed Intajam Huss ...

Court : Gujarat

Reported in : (1981)22GLR596

..... to relief of indebtedness of all-agriculturists as well as non-agriculturists-nothing would have been easier for them then to say ..... section 2(1) has been defined by section 2(k) in the following terms:'rural area' means an area which, for the time being, is not within the limits of-(i) a city constituted under section 3 of the bombay provincial municipal corporations act, 1949, as in force in the state of gujarat,(ii) & municipal borough, or a notified area constituted, or deemed to be constituted, under the gujarat municipalities act, 1963;(iii) a contonment declared as such under the cantonments act ..... where any amount equal to or exceeding twice the amount of the principal has already been paid by, or recovered from, such debtor before the appointed day, be deemed to be wholly discharged;(ii) in any other case, be deemed to be reduced to one-half of the recognised debt;provided that the amount ..... left in our minds when we read the definition of 'small famer' given in section 2(p) with the definition of 'land' given in section 2(f) and the definition of 'agriculture' given in section 2(a) that any law which a state legislature enacts for granting 'relief of indebtedness' to 'small farmers' will be a law which will fall ..... of agricultural indebtedness, if commonsense and common english are components of constitutional construction, relief against loans by scaling down, discharging, reducing interest and principal, and staying the realisation of debts will, ..... maharashtra debt relief act .....

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 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. ..... rural artisans, industrial workers, marginal farmers and indigent agriculturists have been steeped in debt despite statutory measures and ineffective credit institutions ..... several sections of the act, some rules and a few rulings were read before us to drive home the point that gold loans are already within the ken of the law made under entry 52, list i ..... course, where the 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. ..... he pointed out that institutional credit had hardly penetrated rural india and the non-institutionalised moneylenders had done economic service to a primitive peasantry although several of them had abused the situation of helplessness in which the weaker denizens of backward regions found themselves ..... may break out if the law does not step in to grant some relief. ..... pages 826-829) professor panikar, referring to the nightmare of debt has this to say:perhaps, it may be that the need for borrowing is taken for granted. .....

Kushal S/O Bapurao Pawar Vs. the State of Maharashtra Through the Assi ...

Court : Mumbai

Reported in : 2008(6)BomCR28; 2008(6)MhLj914

..... whether, section 73-c of the maharashtra cooperative societies act, 1960, carves out restrictive right to vote for borrower or non borrower members or all the members should have a right for electing all the seats of the managing committee seats of the managing committee ?seats of the managing committee ?seats of the managing ..... section 73-c(3), as already reproduced, firstly holds that there shall not be more than one representative on the committee of the society of members, who have not taken any loans from the society and secondly that representative shall be elected only from amongst members who have not taken loans ..... strength of individual, agriculturists seeking loan from agricultural credit society would be large in number to that of members who have not taken any loan from the society or who do not wish to take loan from the society. ..... there was pleased to hold that the bye-laws that can be framed by a society under the act are similar in nature to the articles of association of a company incorporated under the companies act and such articles of association have never been held to have the force of law. ..... state of bombay : 1961crilj173 to observe that marginal notes and arrangements of sections may be looked to, as a better key to construction than a mere preamble.this view was supported ..... a cooperative society registered or deemed to be registered under the act of 1960 as provided under section 2(27). ..... bombay cooperative societies act, 1925 (bombay vii of 1925) was thought .....