Judgment Search Results Home > Cases Phrase: bombay non agriculturists loans act 1928 maharashtra section 7 repeals and savings Page 1 of about 411 results (0.282 seconds)

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

Court : Mumbai

..... class-ii to mortgage his property in favour of the state government in consideration of a 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 ..... occupancy to be transferable and heritable subject to certain restrictions (1) an occupancy shall, subject to the provisions contained in section 72 and to any conditions lawfully annexed to the tenure, and save as otherwise provided by law, be deemed an heritable and transferable property. ..... in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be .....

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

Court : Gujarat

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

..... ][(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, 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 ..... state of maharashtra reported in 2007 (3) glr 2610. mr. .....

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

Court : Mumbai

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

..... 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 no. ..... the banks were not in a position to make effective recovery of the loans granted by them and therefore, the non-performing assets, had increased to staggering proportion. ..... 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 ..... the co-operative societies act, 1912, reclassified societies as those with 'limited liability' and 'unlimited liabilities' and made possible of the registration of 'non credit' type of societies paving way for a wider range of ..... 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 ..... submissions raised 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. .....

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. ..... 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 (vidarbha region) rules, 1959 (the rules). ..... maharashtra revenue tribunal, however, set aside those orders holding that simple mortgage is not outside the purview of section 57. ..... (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.point that arises is whether an exception about ..... ramchandra, 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 any subsisting interest in the land. .....

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? ..... whether the sale or intended sale to such non agriculturists was for non agricultural or agricultural user? 13. ..... that there must be at the bottom of its cultivation of the land in the sense of tilling of the land, sowing of the seeds, planting and similar work done on the land itself and this basic conception is essential sine qua non of any operation performed on the land constituting agricultural operation and if the basic operations are there, the rest of the operations found themselves upon the same, but if the basic operations are wanting ..... the doubt raised by the ao as to why agricultural income was not disclosed in the return of income filed by the assessee in earlier years, it was clarified by the assessee that as agricultural income was very small and inclusion of the same could not make any difference to the tax liability, agricultural income was not disclosed in the return of income filed by the assessee in the earlier years. ..... 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 ..... of maharashtra, pune, had issued a ..... of maharashtra prior ..... of maharashtra prior ..... of maharashtra, pune, had issued a .....

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. ..... prohibiting such transactions may, possibly, be thought to be legally justifiable pursuant to what has, on occasion, been referred to as a 'police power', i prefer to think that the subjects of such transactions are not, on any view, the subjects of trade and commerce as that expression is used in section 92 and that the protection afforded by that section has nothing to do with such transactions even though they may require for their consummation, the employment of instruments, whereby inter-state trade ..... at the same time the bigger agriculturists had no difficulty in swallowing up the smaller ones by giving loans at exorbitant rates of interest to the latter. (p. 78)26. ..... secondly, 'how is it fair', asks shri nariman, 'that, if the object of the legislation is to save the victims of rural indebted ness and working class burdens that credit institutions should be exempt ed while non-institutionalised lenders should be picked out for hostile treatment? 41. .....

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

Court : Mumbai

Reported in : 1996(2)BomCR703

..... question whether an application by a person, who is not an agriculturist, for grant of permission as provided by the proviso to section 63(1)(a) of the bombay tenancy and agricultural lands act, 1948, or such an application by an agricultural labourer to purchase at court's sale was maintainable even after the auction was held, but prior to the confirmation of sale or not and, therefore, the decision of this court in nariman sorabji's case ..... will, after such sale, gift, exchange, lease or mortgage, hold land as tenure-holder or tenant or partly as tenure-holder and 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 ..... a 'non-agriculturist' and a person ..... save as provided in this act :--(a) no sale (including sales in execution of a decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue), gift, exchange or lease of any land or interest thereon, or(b) no mortgage of any land or interest therein, in which the possession of the mortgaged property is delivered to the mortgagee, shall be valid in favour of a person who is not an agriculturist or who being an agriculturist ..... and executed an agreement of sale as a security to the loan amount which was nominal and never to be acted .....

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

Court : Allahabad

Reported in : IV(2007)BC190

..... mind even leaving aside the aspect that the 1960 act being a general law and the 1993 act being a special law coupled with the provisions of sections 18 and 34 in the 1993 act, even in terms of the provisions contained in clause (1) of article 246 and clause (3) of article 246, the moment the parliament enacted the 1993 act covering specifically the field of recoveries to be made by the banks, the provisions in 1960 act on that aspect in so far as they relate ..... ii 'intoxicating liquors' or entry 51 of list ii for levying excise duty on alcoholic requirements for human consumption operates in a field different from the central act medicinal and toilet preparation (excise duties) act by parliament on the subject of entry 84 list i and the fact that the rules under the central act to some extent trench upon the field reserved for the state legislature was merely incidental to the main purpose to levy duties of excise on medicinal ..... 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 one hand and the r.d.b. ..... act as 'assistance given by way of loan, advance, guarantee or otherwise to an agriculturist ..... act is not one of the acts, saved under section ..... at the conclusion that 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). .....

Shobhechi Daru Utpadan Kharedi Vikri Sangh Vs. the State of Maharashtr ...

Court : Mumbai

Reported in : 1997(4)ALLMR321; 1998(1)BomCR258; 1997(3)MhLj215

..... section 64, the same would go to showthat what was intended to be covered by this provision was sales by or in favour ofthe co-operative societies under the bombay co-operative societies act, 1925 andexactly, the learned member of the maharashtra revenue tribunal has held thatexemption of provisions of section 63 and 64 would be applicable in case of sales heldunder the bombay co-operative societies act ..... shall be valid in favour of a person who is not an agriculturist (or who being an agriculturist (will after such sale, gift exchange, lease or mortgage, hold land exceeding two-thirds of the ceiling area determined under the maharashtra agricultural lands (ceiling on holding) 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, ..... to section 43 which says that no such sanction shall be necessary where the land is to be mortgaged in favour of government or a society registered or deemed to have been registered, under the bombay co-operative societies act, 1925, for raising a loan for ..... for grant of permission for non-agricultural use of the land as the land is stated to be fallow and is not useful for the ..... (a) save as provided in this act- (a) no sale (including sale in execution of decree of a civil court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue) gift, exchange, or lease of any land or interest .....

Rajendraprasad S/O Gangabishen Porwal Vs. Mr. Santoshkumar Parasmal Sa ...

Court : Mumbai

Reported in : 2008CriLJ2955

..... questions involved in the revision application are:(i) whether mere admission regarding signature on the cheque would suffice to reach conclusion with aid of legal presumption available under section 139 of the negotiable instruments act as regards existence of the liability to pay such amount shown under the cheque, or pre-existing legal debt which was required to be discharged as such at the time of issuance of the cheque ..... available as regards pre-existing liability in relation to the four cheques which were issued by appellant hiten dalal and moreover, except and save filing of the written statement, he did not adduce any evidence to the contrary to disprove the presumption ..... basis of the material gathered from cross-examination of the complainant or in view of the attending circumstances even though he does not adduce any independent evidence as such in rebuttal of the presumption available under section 139 of the negotiable instruments act and what is the degree of proof required from the accused to displace the presumption?4. ..... deceased complainant to explain as to how he was a successful agriculturist to overcome the difficulties and could have raised such huge amount from his agricultural sources. ..... have discharged the burden of proof, assuming that it was on him to prove the non-existence of the loan transaction, through material on record.in this view of the matter, the revision application succeeds and will have to be allowed.31. ..... maharashtra 2004 all mr (cri) 772 and ..... bombay .....