Judgment Search Results Home > Cases Phrase: debt relief act 1976 section 6 penalty Court: punjab and haryana Page 7 of about 1,753 results (0.129 seconds)

Sham Lal Thakar Dass Aggarwal Vs. Punjab National Bank Ltd. and ors.

Court : Punjab and Haryana

Reported in : AIR1961P& H81

..... i am further fortified in my conclusion that the mortgage of indian properties is not affected by the provisions of the act, by the scheme of the act and also by the provisions of section 16 and sub-sections (4) and (8) of section 32, therefore, the argument that in view of the provisions of section 17 of the act, the entire mortgage debt is totally wiped out is fallacious. ..... c-i, in which that equitable mortgage was recited did not require registration as the document did not by its own force create a charge, that the debt in question was secured not only by the pledge of movable property in pakistan, but also by the mortgage of the immovable property situate in india and in this situation no relief could be given to the debtors under section 17 of the act, that the debtors were liable to pay rs. ..... in this connection, reference may be usefully made to the provisions of sections 16 and 17 of the act.it is equally true that there is no provision in the act whereby the mortgage of indian properties is, in any way, dealt with but one thing is definite that where there is a debt, which is secured by pledge of movable property and by mortgage of immovable property, then the value of the movables and the immovable property has to be ascertained and the debt has to be apportioned between the two properties in the ..... that under the provisions of section 17 of the act, the debt being secured by the pledge of movable property, the whole of the debt is wiped out;3. .....

Sulakhan Singh Mool Chand and ors. Vs. the Central Bank of India Ltd.

Court : Punjab and Haryana

Reported in : AIR1954P& H66

..... law to be applied by the tribunal; (2) that section 5 of the act provides for applications by displaced persons for adjustment of debts within one year after the coming into force of the act giving particulars mentioned in that section; (3) that in a case under section 17 of the act the fact of the debtor being a displaced person would be open to dispute by the creditor and it would be for the tribunal to decide that point under section 9 of the act; and (4) that section 21 of the act confers on the tribunal the power ..... in accordance with the principles laid down by these authorities and taking the plain words of section 17 i am of the opinion that there is nothing to show that the relief provided by this section is not available to a displaced debtor if the matter in which the relief is sought is pending in an ordinary civil court and not before a tribunal constituted under the act.46. ..... section 19 deals with calls on shares and provides against forfeiture of shares for nonpayment of calls and under sub-section (4) of this section if a company or a co-operative society refuses to comply with the request of a displaced person as provided for in this section then such displaced person can apply to the tribunal for relief.39 ..... the scheme of the act shows therefore that wherever this act intends a particular relief to be given by the tribunal it says so and where in sections relief has been provided as an addition to the ordinary law of the country, no mention is made of the tribunal. .....

Pirji Safdar Ali Vs. the Ideal Bank Ltd. and ors.

Court : Punjab and Haryana

Reported in : AIR1949P& H94

..... first day of april, 1937, or any bank included in schedule ii, to the reserve bank of india act, 1934,other than debts transferred to such societies, banks or banking companies during the pendency of an application under section 9 in which such debts could be taken into consideration for the purposes of this act, or debts transferred to such foeietles, banks or banking companies on or after 2nd day of september 1938, if in ..... other property in a post-office savings bank or any other bank, or in a company or with a co-operative society; (ii) a loan to or by, or a deposit with any society or association-registered under the societies registration act, 1860, or under any other enactment for the time being in force;, (iii) a loan advanced by the provincial government or by any local body authorized by the provincial government; (iv) a loan advanced by a bank, a ..... and cannot grant relief to the decree-holder by the alternative modes of execution provided in sub-section (2) of section 16, punjab alienation of land act. ..... debt' and 'debtor' in the punjab relief of indebtedness act have been defined as under:debt includes all liabilities of a debtor in cash or in kind, secured or unsecured, payable under a decree or order of a civil court or otherwise, whether mature or not, but shall not include debts incurred for the purposes of trade, arrears of wages, land revenue or anything recoverable as an arrear of land revenue, or any debt which is barred by the law of limitation, or debts ..... relief .....

“22. We Are in Respectful Agreement with the Above Enunciation of Vs ...

Court : Punjab and Haryana

..... conclusion that the lease in favour of the lessee was made prior to the creation of mortgage or the lease though made after the creation of mortgage is in accordance with the requirements of section 65-a of the transfer of property act and the lease was valid and binding on the mortgagee and the lease is yet to be determined, the debts recovery tribunal will not have the power to restore possession of the secured asset to the lessee. ..... circumstances has no jurisdiction to entertain any suit or proceedings in respect of those matters which fall under sub-section (4) of section 13 of the securitisation act because those matters fell within the jurisdiction of the drt and the appellate tribunal. ..... 252, has held that the borrower has a right to file an appeal even if the bank has filed an application under section 14 of the act even when the possession and management has not been taken over by the bank. ..... further, the relief to be granted by the drt in an appeal under section 17(1) of the sarfaesi act, if successful, is (under section 17(3) of restoration of possession/management of the dalbir singh201408.14 16:56 i attest to the accuracy of this document high court chandigarh cwp no. ..... it is well settled that ordinarily relief under articles 226/227 of the constitution of india is not available if an efficacious alternative remedy is available ..... this relief also, we find, the drt within whose jurisdiction the secured asset to be so restored to the borrower is situated, to be the most .....

NaraIn Singh and anr. Vs. Bachan Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1953P& H110

..... cases i cannot see that (sic) facts that the sale was by private arrangement (sic) or that the portion of the sale price which(sic) apportioned 'to the discharge of the mortage(sic) debt was specified, are sufficient to take(sic) case out of the scope of the rule laid down in -- 'izzat-un-nisa begam's case', some portions (sic) of which it seems necessary to cite ..... agriculturists' relief act was passed, by which the vendee was able to clear off the mortgage debt for less than the amount which was due, and ..... my opinion this decision would apply in a case like the present in which the purchaser undertook to discharge the mortgage debt, but later, became the unencumbered owner of the land by the extinction of the mortgage debt through the operation of a statute, and therefore the vendors, and consequently the plaintiffs who had acquired the vendors' rights ..... that he did not do so, and he allowed the land to remain in possession of the mortgagees, and so matters remained until after the passing of the punjab restitution of mortgaged lands act, 4 of 1938, when, taking advantage of this act the sons of lehna singh applied to the special collector who on 21-8-1945 passed an order under the act extinguishing the mortgage and granting possession to the sons of lehna singh without payment. ..... who raised the preliminary legal objection that the suit could not be entertained by the civil court under section 12 of act 4 of 1938 so far as it related to the relief of declaration and injunction. .....

Present: Mr. Rakesh Gupta Advocate Vs. Hardeep Kaur and Others

Court : Punjab and Haryana

..... intervene in any such matters and grant any injunction by enacting section 34 of the srfaesi act, which reads as under:- section 34 civil court not to have jurisdiction no civil court civil revision no.2471 of 2012 (o&m) 7 shall have jurisdiction to entertain any suit or proceedings in respect of any matter which a debts recovery tribunal or the appellate tribunal is empowered by or under this act to determine and no injunction shall be granted by any ..... that in view of the bar created civil revision no.2471 of 2012 (o&m) 14 by section 18 of the debt recovery tribunal act, 1993 and section 34 of the srfaesi act, 2002, the civil court has no jurisdiction to entertain the suit. ..... , an original application no.413 of 2011 was filed by the petitioner bank under section 19 of the recovery of debts due to banks and financial institutions act, 1993 (for brevity 'the rddbfi act') and all the properties, which were secured assets of the petitioner, were proceeded against, including the property of the ..... of share of the said land, including the cold store, constructed over there and the said property is not liable to be sold for recovery of the debt amount, as joginder kaur could not transfer the property of other co-sharers without their consent, therefore, the said property could not be equitably mortgaged. ..... section 34 of the srfaesi act imposes a bar on the civil court to grant any relief of injunction with respect to any action taken in pursuance of the power conferred under the srfaesi act .....

Pearl Insurance Co. Vs. Atma Ram

Court : Punjab and Haryana

Reported in : AIR1960P& H236

..... the following questions were then framed for determination by a larger bench:(1) whether clause 9 of the policy is rendered void by virtue of section 28 of the indian contract act and (2) whether limitation of the present suit is extended by virtue of section 36(b) of the debts adjustment act in spite of clause 19 of the policy.clause 19 of the policy runs as follows:'in no case whatever shall the company be liable for any loss or damage after the expiration of ..... insurance policies were left of lost in pakistan.the indian parliament taking these circumstances into consideration started enacting special legislation for the relief and rehabilitation and one important step was to provide for extending the period of limitation for filing of suits or for the institution of any other proceedings. ..... the appellant company were to be accepted that section 36(b) provides for such a condition only as was struck down in the aforesaid case no relief or benefit was being conferred on the displaced persons who had taken out insurance policies because such a condition would be clearly void under section 28 of the contract act and there was no necessity for declaring it ..... against the company it is not by reason of his remedy being barred by reason of any stipulation as to the period of limitation but it is simply not possible for him to get any relief as he is not left with any rights at all having failed to comply with the terms of that condition.as observed in (1872) 19 law ed 257 at p. .....

State of Punjab Vs. Giani Bir Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1968P& H479

..... this decision took the view that a creditor cannot sue under section 42 of the specific relief act for a bare declaration that a transfer has been made by his judgment-debtor fraudulently with intent to defeat or delay his creditors. ..... air 1936 pat 572 it was held that there was nothing in section 42, specific relief act, which bars a suit for a declaration that a certain sale is void. ..... similarly in the present case it appears to us clear that the declaration sought by the plaintiffs in the present suit was a declaration covered by section 42, specific relief act and one which could properly be granted' in mangtulal's case. ..... in favour of his wife (defendant 2), and that he was still in possession of the land; and (2) that he had alienated the property in favour of defendant 2 fraudulently dishonestly and with a view to delay and defeat the realisation of the debt due to the plaintiff from him put briefly, the two alternative stands taken by the plaintiff were -- (1) that there was no gift and it was more or less, a paper transaction passing no title to the donee, and ..... as stated above, the plaintiff and the other creditors had debts due to them at the time when the arbitration proceedings in question were held. ..... 1 owed any debt to the plaintiff or had any other creditor on that date? .....

Kelash Nath S/O. L. Durga Dass and ors. Vs. Municipal Committee, Batal ...

Court : Punjab and Haryana

Reported in : AIR1962P& H389

..... wrote the leading judgment, examined the entire scheme of taxation contained in the municipal act including the provisions of sections 84 and 86 as also the relevant case law and he came to the conclusion that the remedy provided in section 84 is confined to those acts only which are done under the act and that the bar provided in section 86 is similarly confined to matters covered by the act and does not extend any further. ..... the question of finality under the provisions contained in sections 84 to 88 of the cantonments act, it was observed that such finality attached only to the assessments made under the act, then those provisions would not operate as a bar to the civil court granting relief. ..... the judgment of the court relied on the earlier decision of the full bench in air 1940 lah 377 (fb), while examining the question whether a board constituted under the punjab relief of indebtedness act, 1934, could make any orders in respect of a usufructuary mortgage treating it as a debt. ..... it was held that siece usufructuary mortgage could not be regarded to be a debt as defined in the act the board had no jurisdiction to make any order relating to it and the civil courts were competent to entertain a suit principle was reiterated at page 407 as in the previous full bench and reliance was placed on ..... the refusal of the creditor to agree to any settlement the board had no right to continue the proceedings and an order passed to discharge the debt was held to be without jurisdiction. .....

Kundan Rice and General Mills and anr. Vs. Union of India (Uoi) and or ...

Court : Punjab and Haryana

Reported in : [1998]92CompCas895(P& H); (1997)115PLR279

..... was contended that 'as there are two procedures available to the corporation and the state government, one by way of a suit under the ordinary law and the other under either of the two acts, which is harsher and more onerous than the procedure under the ordinary law, the latter is hit by article 14 of the constitution in the absence of any guidelines as to which procedure ..... the main difference between the procedure before an ordinary civil court and the executive authorities under these two acts is that in one case it will be decided by a judicial officer trained in law and it might also be that more ..... the conclusion recorded by the court that the statute erodes the independence of judiciary and that the debt is made recoverable as a tax or that the pleas of set off/counter-claim cannot be entertained, does ..... inserted by the 42nd amendment act, 1976. ..... even though the officers deciding these questions wouldbe administrative officers there is a provision in these acts for giving notice to the party affected, to inform him of the grounds on which the order of eviction is proposed to be made, for the party affected to file a written statement and produce documents ..... section 17, the tribunal exercises the jurisdiction, power and authority to 'entertain and decide applications from the banks and financial institutions for recovery of debts ..... issue summons requiring the defendant to show cause within 30 days of the service of the summons as to why the relief as prayed for should not be granted. .....