Court : Chennai
Reported in : (1988)2MLJ200
..... are hereby set aside and the matter is remanded to the trial court only for the purpose of finding out as to what extent the defendant would be entitled to the benefits of any one of the debt relief acts passed by the state of tamil nadu. ..... has chosen to mention each and every debt relief act passed by the state of tamil nadu ..... as defendant is not entitled to the benefits of debt relief acts, he had sought for a decree to be passed directing defendant to pay a sum ..... light of the finding arrived at that only a money decree could be passed, it is now for the trial court to consider as to which of the debt relief acts could be applicable to the facts and circumstances of the case, and to what extent, he would be entitled to claim relief.18. ..... a.1 is construed as an usufructuary mortgage, only a money decree could be passed, and necessarily, the benefits under the debt relief acts passed by tamil nadu government are available, and therefore, the matter requires to be remanded for working out the rights of parties in relation to the relevant act.6. s. ..... hence, in the light of section 58(d) of transfer of property act, there being a condition imposed in exhibit a.1 that until the year 1147, plaintiff would have the right to enter upon the lands and cultivate the same, there could be no two opinions regarding the ..... to the claim regarding payment of rents, he had claimed relief under tamil nadu acts 4 of 1938, 38 of 1973 and 15 to 17 of 1976 as amended by act 1 of 1977. ..... in march, 1976, when he .....
Tag this Judgment!Court : Chennai
Reported in : (1989)1MLJ390
..... though a contention was raised in the memorandum of appeal that the court below ought to have held that the provisions of the tamil nadu debt relief acts would apply to the suit claims, the said contention has not been raised during the arguments by learned counsel for the appellants. ..... on a consideration of the above evidence, oral and documentary, the trial court held on issue 1 that the provision of the debt relief acts will not apply to the claim in the suit. ..... on the above pleadings, the following issues were framed for trial by the court below:(1) whether the provisions of any of the tamil nadu agriculturists debt relief acts are applicable to the defendants? ..... since some of the defendants are agriculturists, the provisions of the tamil nadu debt relief acts would apply to the suit debt. ..... the defendants are not entitled to claim benefits under any of the tamil nadu debt relief acts. ..... in the instant case, the question is whether exhibit a-2 is a continuing guarantee as per the provision of section 129 of the contract act. ..... section 129 of the indian contract act deals with a continuing guarantee ..... since exhibit a-2 has got a caption 'continuing guarantee', this court is obliged to refer to the above decisions and the provision of section 129 of the contract act.10. ..... chinnaswamy gounder, retired from the partnership on 31.3.1976, leaving the entire assets and liabilities to the other partners, who reconstituted the firm on and from 1.4.1976, and got a partnership deed executed on 25.5.1976. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All58
..... section 12, agriculturists' relief act, provides thatan application contemplated by it can be filed before the court, within whose jurisdiction the property mortgaged or any part of it is situate.section 7 provides thatevery suit for recovering an unsecured loan...shall be instituted and tried in a court within the local limits of whose jurisdiction the agriculturist defendant or any of ..... followed, so far as they can be made applicable to all proceedings under this chapter and all orders passed udder this chapter shall be executed in the manner prescribed for execution of civil court decrees.section 21 of the code distinctly provides that:no objection as to the place of suing shall be allowed by any appellate or revisional court unless such objection was taken in the court of first instance unless ..... agriculturists' relief act, the debt redemption act and the ..... , however, contends that the agriculturists' relief act, which provides different forums for different classes of cases, must, on the principle generalia specialibus non derogant, prevail over the debt redemption act, which makes no such specific provision ..... debt redemption act, (act 13 [xiii] of 1940) which was passed later provides that a suit to which the provisions of that act apply, can be instituted, amongst other places, where 'the defendant or, if there are more than ..... debt redemption act ..... civil judge held that they were entitled to an unconditional decree, inasmuch as the entire debt had been wiped out. ..... debt redemption act .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All155
..... the question whether a decree under section 33, agriculturists' relief act, secured by a debtor is one to which section 8, debt redemption act, applies ..... whether a decree passed under section 33 (1), agriculturists' relief act, declaring after accounting the amount due from an agriculturist debtor could be amended under the provision of section 8, u. p. ..... relief act declaring, after taking necessary accounts, the amount due from an agriculturist debtor could be amended under the provisions of section ..... . the learned judges then pointed out the fact that the language of the proviso to section 9 (1), debt redemption act, is almost identical with that of section 14 (5), encumbered estates act, and say:'it is true that no explanation has been added to this proviso, but we see no reason to interpret the proviso in a sense other than that to which the legislature gave effect by ..... the learned judge expressed the view that two points arose for consideration in this case :'(1) does section 8, debt redemption act, contemplate amendment of a preliminary decree when that decree has already matured into a decree absolute passed ..... decree was passed, the mortgagor--the judgment-debtor--respondent--does not appear to have put forward any claim--as he might well have done under section 9, debt redemption act--for a fresh determination of the amount due under the decree in accordance with the provisions of the debt redemption act nor does he appear to have filed any appeal against the preliminary decree.3. .....
Tag this Judgment!Court : Delhi
Reported in : 7(1971)DLT329
..... we are, thereforee, of the view that the trial court had jurisdiction to decide whether the executant was a displaced person and also to grant relief under the first part of sub-section i of section 29 of the act by holding that the debt in suit ceased to carry interest after august 15, 1947. ..... (12) there is no doubt that if an application under section 5 of the act is pending before a tribunal the jurisdiction of the civil court to decide matters relating to adjustment and settlement of debts as provided by the act will be ousted by reason of section 15, but that does not mean that in the absence of such an application, the jurisdiction of the civil court to grant all the reliefs which are provided by chapter iii and other provisions of the act is ousted. ..... (1) this appeal raises the question whether in a civil suit a civil court can determine whether a party before it is a displaced person and whether he can take advantage of the provisions of section 29 of the displaced persons (debts adjustment) act, 1951 (hereinafter referred to as the (act') which came into force in delhi as from december 10, 1951. ..... the relief provided by section 38 of the act in the matter of sale of immovable property in execution of a civil court decree is to be granted only by the civil court which is executing its decree for the recovery of a debt against a displaced person. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All917
..... section 27, debt redemption act, has unconditionally and absolutely repealed section 12, agriculturists' relief act in its application to mortgages made after the commencement of the debt redemption act on 1-1-1941. ..... as i said earlier, section 27, debt redemption act, unconditionally and for all purposes repeals section 12, agriculturists' relief act, in relation to loans made after 1-1-1941. ..... if a suit relates to a 'loan', the provisions of the act will be applied to it, if it relates to an advance which is not a 'loan', the provisions of the act will not be applied to it, but it does not follow that effect should not be given to the provisions of section 27 of the act and that section 12, agriculturists' relief act, should not be deemed to have been repealed. ..... the effect of section 27, debt redemption act, is that now no mortgage executed after 1940 can be redeemed under section 12,agriculturists' relief act. ..... this is an application by a plaintiff whose suit under section 12, agriculturists' relief act, for redemption of a mortgage executed on 24-4-1944 has been dismissed by the appellate court on the ground that section 12, agriculturists' relief act, does not apply to redemption of this mortgage. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1977MP64
..... the learned judge of the lower court, however, seems to have been in some doubt as to whether the debt should not be deemed to be discharged under sub-section (4) of section 8 of the act as the decree-holder had failed to file an application in respect of his debt before the debt relief court within 60 days.5. ..... sub-section (2) of section 7 of the act provides that if on the appointed date any suit or proceeding for the recovery of any debt is pending before any civil court, the civil court shall issue a direction to the plaintiff to submit the claim in respect of such debt before the debt relief court within a period not exceeding sixty days as may be specified in such direction. ..... after the proceedings were resumed the judgment-debtor filed an application praying that the case be transferred to debt relief court for decision as the trial judge entertained a doubt as to the proper action to be taken in the case, he has referred this case to the high court for opinion.4. ..... he merely prayed that the proceedings should be transferred to the debt relief court. ..... agrawal, learned counsel for the judgment-debtor also did not contend that the debt of the creditor has been discharged under section 8 of the act, in the circumstances of this case.6. ..... i, therefore, hold that sub-sections (2) and (3) of section 7 are not affected by provisions of section 8 and the proper course for the trial court is to issue a direction to the decree holder as required by sub-section (2) of section 7 of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC614; [1956]26CompCas280(SC); [1956]1SCR603
..... enough two of the reasons alleged were (1) that section 171 of the indian companies act was overridden and varied by section 45-c of the banking companies (amendment) ordinance (act), and (2) that the tribunal under the displaced persons (debts adjustment) act is not a court and hence the stay under section 171 of the indian companies act or under section 45-c of the banking companies act has no application to proceedings pending before the tribunal. ..... exclusive jurisdiction to entertain and decide any claims made by or against a banking company which is being wound up (including claims by or against any of its branches in india) or any application made under section 153 of the indian companies act, 1913 (vii of 1913) by or in respect of a banking company or any question of priorities or any other question whatsoever, whether of law or fact, which may relate to or arise in the course of the winding up of a banking company, whether such claim or ..... the 7th november, 1951, the displaced persons (debts adjustment) act, 1951 (lxx of 1951) was passed providing certain facilities and reliefs to displaced debtors and displaced creditors. ..... now, the displaced persons (debts adjustment) act is one of the statutory measures meant for relief and rehabilitation of displaced persons ..... is no provisions therein which compels either a displaced debtor or a displaced creditor to go to the tribunal, if he is satisfied with the reliefs which an ordinary civil court can give him in the normal course. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom145; (1952)54BOMLR971; ILR1953Bom253
..... if it was argued that no declaration could be given that a transaction is a mortgage unless it sections a mortgage both in form and substance, then section 34 of the act of 1947, section 45 of the act of 1939 and section 10a, dekkhan agriculturists' relief act would he entirely infructuous, for, ex hypotbesi the transaction is one which, on the face of it, is not in form and substance a mortgage as required by law.it is something other than a mortgage, and the debtor asks ..... we have not been referred to a single case where it has been held that section 10a, dekkhan agriculturists' relief act, applied to transactions which are in their inception invalid and convey no title to the ..... an that case that the application of the expression 'mortgaged property' as used in section 3, dekkhan agriculturists' relief act, was not limited by a technical consideration of what in a lawyer's point of view ..... it was first contended before the learned district judge that in section 45, bombay agricultural debtors relief act of 1939, which is repealed by the act of 1947, the words were 'any transaction purporting to be a sale ..... debt adjustment court is competent to inquire into the real nature of the transaction of an oral sale turns on the interpretation of section 24 (1), bombay agricultural debtors relief act ..... property given under a writing for enjoyment for a term of years in liquidation of an existing debt was a 'mortgaged property' within the meaning of section 3, dekkhan agriculturists' relief act. .....
Tag this Judgment!Court : Chennai
Reported in : 1999(1)CTC329; (1999)IIMLJ498
..... of one year had been enlarged to one year and six months at the first instance under the debt relief laws i amendment act 1977 and subsequently to two years by tamil nadu debt relief laws ii amendment act 1977 and this again has been enlarged to two years and six months under the tamil nadu debt relief act 1978 (tamil nadu act 2 of 1978) and the resultant effect being moratorium against the institution of the suit from 22.7.1975 ..... of law, the plea of limitation, the provisions of the limitation act and the provisions of the debt relief enactments and the issue relating to the applicability of debt relief act to the facts of the case require consideration in the present appeal. ..... such exclusion during the resulting extended period of limitation so to speak, there can well be an acknowledgment under s.19, this, we think, is clear from the opening words of sub-section (1) of s.19, namely, 'before the expiration of the period prescribed for a suit or application', it is true the period of limitation prescribed is always the same. ..... tamil nadu indebted persons (temporary relief) act 1976 (tamil nadu act 16 of 1976), which barred the very institution of a suit for period of one year from 15.1.1976. 30. ..... act, 1976 ..... to reiterate that in terms of tamil nadu act 40 of 1979 as already indicated for the period from 15.1.1976 to 13.1.1979, there was a moratorium. 32 ..... thereafter tamil nadu act 40 of 1978 also provided that the period on and from 15th january 1976 to 13th january 1979 has also .....
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