Judgment Search Results Home > Cases Phrase: debt relief act 1976 section 6 penalty Page 10 of about 66,282 results (0.377 seconds)

Gerb Vibration Control Systems Pvt Ltd and ors. Vs. the Assistant Labo ...

Court : Karnataka

..... in the said case an application was made by the petitioner under the karnataka debt relief act, 1976 seeking declaration that mortgages executed by him in favour of respondents 2 to 11 as having stood redeemed and for putting him possession of the mortgaged ..... given case, if a trade union were to raise a dispute on behalf of its workmen claiming certain amounts due and payable by the management to its workmen, by filing a claim application under section 33-c(1) or 33-c(2) of the industrial disputes act, such claim though would be common but it would not be similar and in such circumstances, court fee would be payable individually.sub rule (2) of rule 7, permits several persons having common or ..... the land is a house site whether assessed to full revenue or not, or is land not falling within the foregoing description-the market value of the land.explanation: the word estate, as used in this section means any land subject to the payment of revenue, for which the proprietor or farmer or raiyat shall have executed a separate engagement to government, or which in the absence of such engagement, shall have been separately ..... where each of the petitioners will have his own distinct and separate cause of action, the writ petition embraced more than one cause of action and separate reliefs, the petition would be chargeable with the aggregate amount of court fee, as if separate petitions are presented by each of the petitioners, as required by section 6(3) and (4) of the court fees act.7. .....

Pramod M. Jhaveri and anr. Vs. Sukhdeo Ramratan and anr.

Court : Mumbai

Reported in : AIR1977Bom42; 1978MhLJ300

..... insolvency court has jurisdiction to adjudicate upon claims based on the provisions of the maharashtra debt relief act, 1976 (hereinafter referred to as 'the act'), or whether such claims must be determined by the authorised officer constituted thereunder. ..... . the opening words are to the effect that 'if, in the course of implementing the provisions of section 4' a dispute arises as to the eligibility of the debtor for relief' under the act, 'on any other ground including the valuation of the im-moveable property if any' then the creditor has to make an application ..... , the applications contemplated by section 7 of the act do not take within their sweep claims, questions and disputes pertaining to clauses (a), (b), (c) and (d) of section 4 in so far as the said disputes relate to unsecured debts or merely to debt aspect of secured debts as contradistinguished from security ..... an application the creditor is entitled, as contemplated by sub-section (1) of section 7, to dispute that the person concerned is not a worker or can dispute 'the eligibility of the debtor for relief under the act on any other grounds including the value of immovable property ..... the decision of such officer on the question shall be final and conclusive and shall not be called in question in any civil court'. this was the legislative barricade raised by the said section against the courts deciding a question as to the status of a debtor as a worker or as a person belonging to the other categories benefited by the .....

Punamchand Sobaji Oswal Vs. Dattatraya Bharat Dandekar and ors.

Court : Mumbai

Reported in : AIR1978Bom103; 1978MhLJ158

..... the provisions of the maharashtra debt relief act 1975 do not include any section which permits the authorised officer to go beyond the transaction and find out the real nature thereof.8. ..... apparently under the transaction was thefather, who never applied to the creditor, the sons who styled themselves as debtors or persons affected have also not applied to the creditor, the present petitioner, as required by clause (e) of section 4 of the debt relief act. ..... we are unable to understand how and under what laws of this land a tahsildar who is authorised person under the debt relief act is entitled to inquire into the allegations of forcible sale-deed obtained by one person from the other. ..... if the transaction is expressed in the form of a sale-deed we do not understand how the tahsildar acting under the provisions of the debt relief act can go beyond the document and adjudicate that the transaction appears to be one of mortgage. ..... in the absence of any provision as mentioned above, the debt under the maharashtra debt relief act 1975 has got to be a debt which is - obvious and is beyond doubt. ..... this petition under the maharashtra debt relief act, 1975 represents a glaring instance of misplaced enthusiasm of the authorisedofficer under the act who has transgressed all limits of procedure, propriety and principles of justice.2. ..... on the basis of such an application, the tahsildar issued a notice dated 14-12-1976. ..... 1976. .....

Bhagwani Enterprises Vs. Tarachand Tharoomal

Court : Mumbai

Reported in : 1983(1)BomCR345

..... division bench has delivered a judgment overruling the view of the learned single judge and the observations of the divisions bench, which i have stated above clearly support the contention of the petitioner that under sections 11 and 12 of the maharashtra debt relief act the officer authorised under the act is entitled to settle and decide the issued and no civil court can deal with the issue assigned under the ..... jaisinghani his client is a worker as defined in maharashtra debt relief act, under section 2 clause (e) of the maharashtra debt relief act, 1975. ..... in the facts and circumstances of this case, which i have narrated above, if the plea would have been really effectively raised and supported by material, it would have involved an issue as provided by section 12 of the maharashtra debt relief act. ..... like the defendant who is engaged in such a calling as distribution of pictures which involves obtaining loans in such amounts and discharge liabilities is itself sufficient to doubt the veracity of his statements that he is a worker within the meaning of section 2(e) of the maharashtra debt relief act. ..... it appears that on july 15, 1981 the defendant filed an application in this suit praying that an issue arises in this case which requires to be decided by the officer under the maharashtra debt relief act of 1975 and, therefore, he prayed in his application that it should be sent to that authority and proceeding of the suit should be stayed. .....

B. Vasudeva Rao Vs. K. Laxminarayana Bhatta

Court : Karnataka

Reported in : ILR1984KAR1075; 1984(2)KarLJ354

..... 3(b) of the karnataka debt relief act, 1976 (hereinafter called as the act), as -' 'debt' means any liability in cash or in kind, whether decreed or not and includes any amount which is in substance a debt, but does not include arrears of taxes due to the central or the state government or a local authority. ..... 3 of the act and while construing the relief, it is necessary to bear in mind, the intention of the legislature to give relief to these weaker sections as defined in s. ..... 8 of the act, it does not mean that it would amount to a debt advanced within the meaning of section 4 or that it would be a debt within the meaning of s. ..... section 4 of the act contemplates that debts of these people incurred before the commencement of this section be wholly discharged ..... section 8 of the act enumerates various categories of debts and liabilities, which do not come within the ambit of the act. ..... section 4 of the act, which gives relief to the debtors from indebtedness, reads as -'notwithstanding anything in any law for the time being in force or in any contract or instrument having force by virtue of any such law and save as otherwise expressly provided in this act, with effect from the date of commencement of this section - (a) every debt advanced before the commencement of this section including the amount of interest, if any, payable by the debtor to the creditor shall be deemed to be wholly discharged. ..... thus, it is obvious that the purpose of the act is the welfare of the weaker sections, viz. .....

Gopalakrishna Pillai Vs. K.M. Mani

Court : Supreme Court of India

Reported in : AIR1984SC216; 1983(2)SCALE795; (1984)2SCC83

..... falls for determination in this appeal by special leave from the judgment and order of the kerala high court is whether the amount claimed by the appellant in a suit filed by him against the respondent was a 'debt' within the meaning of that expression as denned in clause (3) of section 2 of the kerala debt relief act, 1977, (hereinafter referred to as 'the said act') and was, therefore, deemed to be discharged.2. ..... therefore, it is not excluded from the purview of goods as envisaged in section 2(3) of the kerala debt relief act 17 of 1977.it is against this judgment and order of the high court that the present appeal is ..... to the averments in the plaint it was by his letter dated october 26, 1976, that the respondent had agreed to pay the amount of the price. ..... 500 with interest thereon at the rate of six per cent per annum from october 27, 1976, and ordered the respondent to pay the costs of the suit. ..... , including by his advocate's letter dated september 17, 1977, the respondent failed and neglected to pay to the appellant the said sum of rs, 1,600 or any part thereof though he went on promising to do so by his letters dated november 25, 1976, december 30, 1976, and may 19, 1977. ..... by his letter dated october 27, 1976, the respondent acknowledged that he had received back the said cow and calf and assured the appellant that he would pay the price as early as ..... 1031/76 dated october 7, 1976, published in the kerala government gazette ..... dated october 8, 1976. ..... 600 from october 27, 1976. .....

Mohammad Khan Vs. State Bank of Travancore

Court : Kerala

Reported in : AIR1978Ker201

..... section 2 (c) of the kerala debt relief act 31 of 1958 denned 'debt' and clauses 1 to 11 of section 2 (c) excluded certain categories from the definition of debt. ..... we have already adverted to the fact that the kerala agriculturists' debt relief act 11 of 1970 does not provide for an appeal against an order under section 8 though there is an enumeration of the orders under some other sections of the act as appealable. ..... velayudhan pillai (1965 ker lt 674) held that an order refusing to amend a decree under corresponding provision in section 7 of the kerala agriculturists' debt relief act 31 of 1958 was appealable under section 96 of the civil p. c. ..... that would mean that the debtor is entitled to the benefit of section 5 of the kerala agriculturists debt relief act 11 of 1970, we hold so. ..... 28 of 1963 in the sub court of kottayam as decree-holder the judgment-debtor filed a petition under section 8 of the kerala agriculturists' debt relief act 11 of 1970 seeking amendment of the decree in terms of the provisions of the said act. ..... the question arose in connection with a right of appeal against an order under section 16 of the travancore debt relief act 2 of 1116. ..... amendment act 104 of 1976. ..... amendment act 104 of 1976 reads thus :'2 (2) 'decree' means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and .....

P.S. Ramamoorthy Sastry Vs. Selvar Paints and Varnish Works (Pvt.) Ltd ...

Court : Chennai

Reported in : AIR1984Mad172

..... 4 (1) of the tamil nadu debt relief act. ..... if any) shall abate: provided ...........since section 4 provides that ever debt a4vanced or incurred before the first day of january ..... (3) a court passing an order in exercise of the powers specified in sub-section (2) shall send a copy thereof to the court which passed the decree.' 8 ..... section 3(c) defines a debt thus: 'debt means any liability in cash or in kind whether secured or unsecured and whether decreed or not but does not include arrears of taxes due to the central government or a state government or a local ..... section 3 (d) defines a debtor thus: 'debtor means any person from whom any debt is due and whose annual household income does not exceed four thousand and eight hundred ..... transferee court in orissa has to follow the law for such transactions in force in this state and as such could grant instalments under the orissa act.section 40 c. p. c. ..... bench of the patna high court held:'section 42 deals with the manner of execution and leaves the matter of limitation to be governed by the limitation act. ..... the powers of the court under that sub-section shall include the. ..... contends that on the provisions of sections 40 and 42 of the c.p.c.. ..... the powers referred to in this section area to. ..... section 42 lays down the powers of a court in executing a decree transferred to it.now it is well settled that the owners referred to in s. 42, c. p. ..... such manner as may be prescribed by rules in force' in that state' occurring in section 40. c.p.c. .....

R. Srinivasan Vs. M/S. Muthusamy Chettiar and Sons, Paddy, Rice and Gr ...

Court : Chennai

Reported in : 1998(2)CTC488

..... plaint, it has been stated thus:- 'the plaintiff submits that the defendant is entitled to the benefit of the various debt relief acts and therefore did not come forward with the suit earlier. ..... was contended by the learned counsel for the respondent that the defendant is a debtor against whom institution of suits under various debt relief enactmentshave been barred and that the plaintiff was under the bona fide belief and therefore the suit claim is not barred by ..... on the part of this court to give to the plaintiff the favour of the presumption of good faith when the plaintiff himself admitted that he know that the defendant was not entitled to the debt relief act?'4. ..... put forward by the plaintiff cannot be entertained at all as the plaintiff was very much aware that the provisions of the debt relief enactments in force during the relevant time was not applicable to the defendant as admitted by p.w.1 apart from the plaint averments. ..... it was further contended that the period covered by the debt relief enactments have to be excluded and if the period is excluded, the suit claim is within time and it ..... however, this court hastens to add that it has got the powers in terms of section 103(b) of the code of civil procedure to determine the issue when it has been wrongly determined ..... by the counsel for the plaintiff that as per the accounts maintained by the plaintiff the balance was struck during the year 1976-77 and 1977-78 and therefore the suit claim is not barred by limitation. .....

M. Thangavelu Chetty Vs. Chinnasamy and ors.

Court : Chennai

Reported in : AIR1983Mad21

..... the first respondent filed an application under the tamil nadu debt relief act, 1976 hereinafter referred to as the 1976 act, before the second respondent for relief in respect of the mortgage. ..... any suit or any proceedings against the debtor and any other person, nothing in this section shall apply to the maintainability of such suit or proceeding in so far for the recovery of any amount of such debt (including interest if any); provided that where any suit or other proceeding is instituted jointly against the debtor and any other person nothing in this section shall apply to the maintainability of such suit or proceeding in so far as it relates to such other person ..... thus even in a case falling under section 14 of the 193 act, which provides for the splitting up of the debt as well mortgage security, the supreme court held that the liability of a non-agriculturist mortgagor is not affected. ..... according to the supreme court, section 14 of the 1938 act which provides for separation of a debt incurred by a hindu family some members of which are agriculturists while others are not, affords a clear indication that the splitting up of a debt in such circumstances, is quity in accordance with the scheme of the said act.12. ..... the learned counsel refers to the proviso to section 4 (b) of the 1976 act as supporting his contention.7. .....