Court : Rajasthan
Reported in : 1983()WLN74
..... however, a reading of both sub-sections (1) and (2) together makes it abundantly clear that though an additional right has been given to a creditor to file suchapplication under sub-section (2) of section 6 of the act of 1957 but it shall be the debt relief court having jurisdiction on in the area in which the debtor ordinarily resides or earns his livelihood. ..... thus the entire scheme of the act and the two provisions clearly show that the intention of the legislature was that such an application if moved by a creditor or his surety it must also be filed before the debt relief court mentioned in sub-section (1) of section 6 of the act. ..... a perusal of the above provisions clearly shows that under sub-section (1) of section 6 of the act of 1957 it has been clearly mentioned that an application by the debtor shall be filed before the debt relief court having jurisdiction in the area in which the debtor ordinarily resides or earns his livelihood praying for determination of his debts. ..... 1977, by which these two courts have taken the view that the petition filed under sub-section (2) of section 6 of the rajas-than relief of agricultural indebtedness act, 1957 (hereinafter referred to as 'the act of 1957'), is not maintainable in the court of munsiff. ..... brief facts for the determination of this controversy are that the petitioner filed an application under sub-section (2) of section 6 of the act of 1957 for determination of the debts outstanding against the non-petitioner. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad394
..... narayanswami iyer, learned counsel for the appellant, urged that after the plaintiff deposited the amount as determined in the proceedings under the debt relief act, the after the court granted a certificate that the mortgage had been discharged after notice to the mortgagee, the latter ought to have re-delivered the mortgaged properties, the ..... the delivery of possession by the mortgagee, the mortgagor had the right to file a suit for redemption and as an essential part of the relief of redemption, obtain possession of the properties from the mortgagee and also ask for rendition of accounts for the rents and profits from the mortgaged properties under section 76(1) of the transfer of property act, the period of accounting commencing from 16-1-1951 when the sum of rs. ..... ' on this matter it is sufficient to refer to the bench decision of this court in air 1945 mad 296, in which it was held that under section 76 of the transfer of property act, a mortgagee in possession though not a trustee in the strict sense of the term holds a fiduciary character and that on equitable principles, the court had full power to direct interest to be paid ..... harabati, ilr (1907) cal 223, where the law was stated in these terms:'it is necessary to add, that there is nothing in these sections to indicate, that upon improper refusal of a valid tender, a mortgagee ceases to be a mortgagee and becomes a trespasser; on the other hand, the fact that the accounts are to be taken, either up to the date .....
Tag this Judgment!Court : Chennai
Reported in : AIR1984Mad370; (1985)1MLJ148
..... on the other hand, the learned counsel for the respondent submitted that owing to the operation of the provisions of tamil nadu,' ordinance v of 1978 and later tamil nadu act 40 of 1978, the respondent was prevented by statute from recovering the entire amount due under the promissory notes, but was permitted to recover only one half of the principal ..... act 40 of 1978 repealed tamil nadu ordinance v of 1978 and was intended to afford relief to the debtors by way of liquidation of debts and scaling down of debts ..... no dispute that if the petitioner is not established tobe an assessee under the tamil nadu agricultural income-tax act, then the respondent is entitled to claim the benefits of the extended period of limitation taking into account the ..... act 77 of 1976 ..... contended that the suits were barred by limitation as the petitioner was an assessee under the tamil nadu agricultural income-tax act and, therefore, the benefit of the extended period of limitation cannot be availed of by the respondent. ..... that section presupposes the court having passed a decree for the repayment of a debt, in which event, on an application by judgment-debtor or others mentioned therein within six months from ..... act 17 of 1976 and there was a statutory discharge of and interdict against the recovery of 'anything more than one half of the principal and one half of the interest, the ..... act 40 of 1978.that sucha revived or restored right could also be enforced by excluding the time between 15-1-1976 and ending with .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD675; 1998(3)ALT480; [1998]94CompCas220(AP)
..... legislature and it also does not exclude a corporation either constituted in pursuance of such indian law or by such law itself, and consequently held that the banking companies constituted under the banking companies act though constituted under the indian law under section 4(e) of the debt relief act, the act is not made applicable to the banking transactions and loans and as such the debtor would not be entitled for any ..... would not be entitled for any scaling down in terms of the debt relief act in view of section 21a of the banking regulation act even if the loan is for agricultural purpose. ..... relief act, 1938 there is a provision regarding scaling down of the debt. ..... and 2 failed to discharge the debt by 31-5-1976 inspite of repeated requests made by the plaintiff-bank, however, the defendants executed a debt acknowledgment letter on 5-7-1978 and 22-6-1981 acknowledging the debt for the purpose of section 18 of the limitation act. ..... in the said judgment the hon'ble supreme court white considering the effect of section 21a of the banking regulation act read with the mysore usurious loans act, 1923 held that in case of agricultural loans the banks were not entitled the resort to either quarterly rests or half-yearly rest in view of the circulars issued by the reserve bank of ..... they also executed a separate letter stating that they would pay the entire amounts with interest before 31-5-1976 and incase of default they also undertook to repay the amount with interest at 15% per annum. .....
Tag this Judgment!Court : Chennai
Reported in : 2003(3)CTC470; (2003)3MLJ247
..... 117, a learned judge of this court has held that considering the relief under the tamil nadu indebted agriculturists (temporary relief) act 105 of 1975 and act 15 of 1976 that if the defendant would have been agriculturist under section 5(2), but for the assessment of income or agricultural income tax or sales tax, there shall be a conclusive presumption that the plaintiff is restrained from instituting a suit on the belief in good faith that the said defendant ..... then was, while dealing with the tamil nadu debt relief act 40 of 1979, held that the legislature could not be considered to have intended to create a nebulous or doubtful state of affairs by using the word 'barred' intending the said expression to apply and to cover only cases of permanent and total bar on account of such statutory discharge of the debt. ..... all the decisions on the subject, held that the plaintiff clearly averred in the petition that he was under the bona fide belief that the respondent was entitled to the benefit of the various debt relief legislations and therefore could not come to the court at the earliest point of time. ..... narasimman, : air1973ap162 , a division bench of the andhra pradesh high court had held that where a suit was decreed against all the defendants on a common ground that the debt contracted by one of the defendants as the kartha was for a legal necessity and in an appeal filed by one defendant, the common finding was reversed by the high court, the other defendants were competent to .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR461
..... the judgment-debtor raised a contention that he was a debtor within the meaning of the karnataka debt relief act.2. ..... but, there is no provision for extinguishmentsof a debt under on an demand promissory note muchless to entertain an application by a debtor and grant him relief, though the debt may possibly stand discharged under sub-section (a) of section 4 of the act. ..... but, however, it has been further stated in the said decision that:' a debt due by a debtor on an or demand promissory note would fall within the meaning of the term of the 'debt' occurring insub-section (b) of section 3 of the act. ..... 262 what puttaswamy, j has held in the said case is that:'an on demand pronote is a negotiable instrument and is not an article that can be pledged as a security for a debt' a debt secured under an on demand promissory note cannot be treated as a pledged article. ..... act or whether he would fall within any one of the three clauses in section 3(c) of the act no costs. ..... act will not apply to a pronote debt is highly erroneous.4. ..... act does not apply to a pronote debt at all.he relied on the decision in marur basappa -v. ..... the court below should proceed to consider as to whether the judgment debtor would be a debtor within the meaning of section 3(c) of the k.d.r. ..... 'in this view it has been that the sub-divisional magistrate did not have any jurisdiction to grant the relief. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR585; 1985(1)KarLJ194
..... contention appealed to the thatmunsiff, sirsi and he held that vishweshwar was a 'debtor' within the meaning of the karnataka debt relief act, 1976 (for short, 'the act') and thus the amount in question stood wiped out and ultimately he dismissed the execution. ..... but the plaintiff might have applied to the court under paragraph 2 of section 22 of the dekkhan agriculturists' relief act to direct the collector to take possession, according to the terms of that paragraph, of any immoveable property of thejudgment-debtor to the possession of which he was entitled, and which in the opinion of the collector was ..... for, the proviso to section 2(fff) which requires the heirs, legal representatives and assigns of a debtor to be agriculturists if they are to be regarded as debtors would not be available'.therefore, the said kerala decision makes it absolutely clear that the relief meant to be given by the debt relief act is purely personal to the borrower and the benefit thereof cannot be claimed by his legal heirs or representatives, ..... the melpattom on depositing into court one-third of the advance outstanding'.explanation :- for the purpose of this section 'advance out-standing' means an amount which bears to the total amount of theadvance the same proportion as the unexpired term of the melpattom bears to its full term'.the word 'melpattom' has been defined in the said act as :'melpattom means any transaction relating only to the usufructs of trees for a specific period in recoupment .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H111; [1960]30CompCas219(P& H)
..... thought to the arguments of the learned counsel and to the passages in the judgment of the supreme court, i am inclined to the view that the provisions of the banking companies act override those of the displaced persons (debts adjustment) act in matters of jurisdiction on the principle that later laws prevail over those which precede them (constitutiones tempore posteriores potiores sunt bis quae ipsas prae accesserunt).when courts are confronted with two ..... manchanda, learned counsel for the respondent has referred me to section 6 of the displaced persons (compensation and rehabilitation) act (44 of 1954), and has contended that this provision allow relief to certain banking companies as defined in sub-section (3) (a) and that the hind iran bank (in liquidation) does not fall within the ..... has been made in respect of a banking company, no suit or other legal proceeding, whether civil or criminal, in respect of which the high court has jurisdiction under this act and which is pending in any other court immediately before the commencement of the banking companies (amendment) act, 1953 or the date of the order for the winding up of the banking company, which, over is later, shall be proceeded with except in the manner hereinafter provided. ..... in this case filing of additional power-of-attorney was at all necessary and in any case this omission cannot be visited with a penalty so as to deprive the litigant of all his rights by treating the petition as not having been filed at all. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All516
..... in our judgment, this transaction was clearly a transaction which was in substance a loan as contemplated by the agriculturists' relief act, it is true that no money was paid in cash or no advance was made in kind at the time, but in substance and in effect the transaction was undoubtedly ..... and in satisfaction of that liability execute a mortgage deed in favour of that other co-sharer, does the transaction evidenced by the mortgage deed amount to a loan within the meaning of the term as defined in the agriculturists relief act and the debt redemption act?'7. ..... and the allahabad high court are agreed that, if goods are purchased on credit, the unpaid price of goods is not a 'loan' within the meaning of the agriculturists' relief act, the definition in which is very similar to the definition in the u. ..... proceed :'the question, however, remains whether the execution of the pronote in suit was not in itself a transaction which was in substance a loan within the meaning of section 2 (10) (a) of the u. p. ..... of loan in section 2 (9) of the ..... view of the nature of the transaction, been agreed to be paid later but it was nevertheless the price : vide section 54, t. p. ..... liability arose, which was satisfied by the execution of the mortgage deed in question, there was no 'advance in cash or kind' and consequently no 'loan' as defined in section 2 (9), u. p. ..... singh, hansraj kaer and janak kaj kuer, the successors of sant bux singh, bhagwan bux singh and gajadhar singh, applied under section 12, u. p. .....
Tag this Judgment!Court : Chennai
Reported in : (1996)2MLJ77
..... 1979, when the tamil nadu debt relief act 40 of 1979 ..... he referred to section 34 of the tamil nadu act 40 of 1978 and observed as follows:this section covers the period covered by the tamil nadu indebted agriculturists (temporary relief) act 15 of 1976 as amended by the tamil nadu debt relief laws (amendment) act of 1977 the tamil nadu debt relief laws (second amendment) act of 1977 and the tamil nadu debt relief laws (amendment) act 2 of 1978; and the period during which the tamil nadu debt relief act 40 of 1978 was in force, that is from 15th january, 1976 to 13th june, ..... what the legislature has really intended is the application of the section to cases covered by the rules of scaling down provided for in the tamil nadu debt relief act 40 of 1978, the period from 15th january, 1976 till the date of the publication of the act 40 of 1979 (13th june, 1979) is excluded in computing the period of limitation for filing a suit or making of an application for execution.in the light of the above two decisions, it becomes necessary for me to .....
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