Court : Mumbai
Reported in : AIR1924Bom219; (1924)26BOMLR118
..... as to the point now raised before us, i have no doubt whatever that section 10a of the dekkhan agriculturists' relief act is intended to be retrospective in its application, and that the only test is that which the section ..... 74 of the dekkhan agriculturists' relief act would, i think, prevent the civil procedure code from overriding the provisions of the dekkhan agriculturists' relief act. ..... of the full bench with reference to the first question referred to that bench, we hold that ramsing was an agriculturist as defined by the dekkhan agriculturists' relief act at the date of the transaction in question. ..... the act, as now in force, after reciting in the preamble that 'it is expedient to relieve the agricultural classes in certain parts of the dekkhan from indebtedness,' enacts in section 1 as follows:--this act may be cited as the dekkhan agriculturists' belief act, 1879:and it shall come into force on the first day of november, 1879.this section and sections 11, 5(j, 60 and 62 extend to the ..... in this case the following questions have been referred to us as a full bench for decision, viz:--(1) whether the extension of sections 2 and 20 of the dekkhan agriculturists' relief act to the district of khandesh is sufficient to make a person an agriculturist within the meaning of section 2, if that person by himself or by his servants or by his tenants earns his livelihood wholly or principally by agriculture carried on within the limits of the district or ordinarily engages personally in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom278; (1927)29BOMLR498
..... and in our presidency, the dekkhan agriculturists' relief act, 1879, has extended that protection in ..... high court wider jurisdiction than that possessed by any court except under the dekkhan agriculturists' relief act. ..... are irrespective of any special legislation, such as the dekkhan agriculturists' relief act.89. ..... indeed as regards 'agriculturists', as defined in the act, the dekkhan agriculturists' belief act, 1879, extended that principle in a marked degree as ..... , as i hold to be the case, both in england and india the primary element in a mortgage is the debt and not the security, what is the primary element in a suit to enforce a mortgage by sale now, here the detailed relief really asked for is (1) an account of what is due to the mortgagee for principal, interest and costs under his mortgage, and (2) an order that in default of payment of the mortgage debt by a certain date, the mortgaged property or ..... the preamble to the former indian act states that it is expedient to consolidate and amend the laws relating to the conveyance and transfer of moveable and immoveable property in british india vested in mortgagees and trustees in cases 'to which ..... it contains a somewhat similar preamble, and the definition of 'mortgage' includes 'every instrument by virtue whereof immoveable property is in any manner conveyed, pledged or charged as security for the repayment of money or money's worth lent, and to be reconveyed or released on ..... is recited in the preamble of the amended letters .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant121; AIR1953Mys121; ILR1953KAR103; (1953)31MysLJ36
..... (b) in which, it has been held that:'mesne profits from the date of suit could not bo awarded as the enforcement of the provisions of section 13 of the dekhan agriculturists' relief act 1879, placed the mortgagor in a much more favourable position than he would be in, if he relied upon the terms of the contract, and no presumption could arise that the mortgagee was, apart from the provisions of the act, not entitled to retain possession after the date of the institution of the suit.'5. ..... that was however a case in which the debt had not been found to have been discharged even on taking accounts under the agriculturists relief act, and no question of refund or allowing mesne profits after the date on which the debt was found to have been discharged arose for consideration. ..... court wasvaried by omitting the direction ordering thedefendant to pay the plaintiff the balance dueon taking accounts under the agriculturists'relief act on the ground that 'there is no express provision in the statuteeither directing or enabling this to be done;and remembering that the act encroaches onexisting legal rights, it should, on generalprinciple not be construed to extend beyondthe particular object which the legislaturehad in view in passing the act and which inthe preamble is said in express terms to beto relieve the .....
Tag this Judgment!Court : Mumbai
Reported in : (1915)17BOMLR630; 30Ind.Cas.396
..... place that no such claim has, so far as the industry of the pleaders has been able to discover, ever been allowed since the passing of the dekkhan agriculturists' relief act in 1879. ..... appeal; first, that the mortgagee who issued for redemption under the dekkhan agriculturists' relief act in respect of certain vatan property must be taken to have been in adverse possession, and to have acquired an absolute title by reason of the provisions of section 5 of the watan act which render the mortgage invalid after the death of the original vatandar- ..... assumption that the mortgagee has, from the date of suit, been in possession of property which he is not entitled to retain in his possession under the contract between the parties, for the dekkhan agriculturists' relief act itself makes no provision with reference to profits after the date of the institution of the suit. ..... the mortgagor in a much more favourable position than he would be in, if he relied upon the terms of the contract, and no presumption arises that the mortgagee is, apart from the provisions of the dekkhan agriculturists' relief act, not entitled to retain possession after the date of the institution of the suit. ..... that the act encroaches on existing legal rights, it should, on general principle, not be construed to extend beyond the particular object which the legislature had in view in passing the act, and which in the preamble is said in express terms to be to relieve the agriculturist in the dekkhan from indebtedness .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1949Bom304; (1949)51BOMLR485
..... in paragraph 2 the defendant claims the benefit of being an agriculturist within the meaning of the dekkhan agriculturists' relief act 1879, and submits that for that reason also this court has no ..... agriculturist within the meaning of the dekkhan agriculturists' relief act, 1879?3 ..... to the provisions of the dekkhan agriculturists' relief act of 1879. ..... 2, namely, whether the defendant is an agriculturist within the meaning of the dekkhan agriculturists' relief act, i refer the suit to the commissioner for ascertaining whether the defendant's income from agricultural sources for three years prior to the institution of the suit exceeds the ..... desai has drawn my attention to the preamble to the act which says as follows:-whereas it is expedient to consolidate and amend the law for the relief of agricultural debtors in the province of bombay and for certain other purposes specified therein: it is hereby enacted as follows:-section 1 reads as follows:-this act may be called the bombay agricultural debtors' relief act, 1947.it extends to the whole of the province of bombay ..... not purporting to be so;(iii) who has been cultivating land personally for the cultivating seasons in the two years immediately preceding the date of the coming into operation of this act or of the establishment of the board concerned under the repealed act; and(iv) whose annual income from sources other than agriculture and manual labour does not exceed 33 per cent, of his total annual income or does not exceed rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom137; (1951)53BOMLR539; ILR1952Bom54
..... as we said before, the transaction in question before the full bench was in 1899 & the suit was filed on 16.3.1912, & the question was whether the agriculturist was entitled to avail herself of the provisions of section 10a of the dekkhan agriculturists' relief act, & the learned chief justice delivering the judgment of the full bench held that she was not entitled, & the view he took was that one must have regard to the date of the transaction & a ..... question that the full bench considered was whether the extension of sections 2 & 20 of the dekkhan agriculturists' relief act to the district of khandesh was sufficient to make a person an agriculturist within the meaning of section 2, & that question the full bench answered in the affirmative. ..... person could only be allowed, according to the provisions of section 10a, to enjoy the special benefit of the favoured class in disregarding the provisions of section 92, evidence act, if he belonged to the favoured class ..... bub when there is any doubt or ambiguity, it is perfectly competent to the court to look at the preamble of the statute & to determine what was the object that the legislature had in mind when putting the particular legislation on the statute ..... act was passed in 1879. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom144; (1952)54BOMLR88; ILR1952Bom565
..... now, the dekkhan agriculturists' relief act and the bombay agricultural debtor's relief act are not in pari ..... the dekkhan agriculturists' relief act was a central act which was made applicable to different districts from time to time by relevant ..... has tried to controvert this argument by pointing out the definition of an 'agriculturist' is section 2, dekkhan agriculturists' relief act. ..... only effect of applying the bombay agricultural debtor relief act to the bhor state was that agriculturists in bhor also became entitled to the various reliefs given to agricultural debtors under the bombay agricultural debtor relief act. ..... land anywhere in the world during the material period he would satisfy this qualification laid down by the legislature it is difficult to hold that that was the object of the legislature, because when we turn to the preamble it is clear that this act was intended for the relief of agricultural debtors in the province of bombay. ..... if the language of a section is clear, it is not permissible to look at the preamble; but when the language is not clear and is ambiguous, it is open to the court to construe a section in the light of the preamble, because the preamble supplies a clear guide as to what was the object of the legislature in placing a cartain law on the statute ..... construing this sub section in the light of the preamble, it is clear that the land was cot intended as land anywhere in the world, but it was intended to be land within the province of bombay.[3] .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR963
..... that the dekkhan agriculturists' relief act in several of its provisions is inconsistent with the transfer of property act: ' of course where, as in sections 15 a, 15 b, 15 0, 15 d, 16, 20, 22, 70, the dekkhan agriculturists' relief act contains provisions directly inconsistent with those of the transfer of property act, they are saved by section 2(a) of act iv of ..... as regards limitation the point does not arise, as the dekkhan agriculturists' relief act was not applied to surat till the 15th august 1905, and the present application was made within one month after ..... section 15b of the dekkhan agriculturists' relief act was introduced therein by act xxii of 1882-the transfer of property act was applied to bombay on the 1st january ..... the dekkhan agriculturists' relief act has been applied to the district of surat and the judgment-debtor asks for instalments under sections 15 b and 20 of the act.2. ..... but reading the section as a whole, and in the light of what i believe to have been the policy underlying the act throughout its history, i cannot seriously doubt that in all the cases mentioned in the section, the intention of the legislature was to afford the debtor a locuspachitentice up to the very last moment before ..... with that section it is material to notice that the act in the preamble says that 'it is expedient to relieve the agricultural classes of the dekkhan from indebtedness. ..... i am of opinion that act xvii of 1879 was intended to afford the amplest protection to those classes .....
Tag this Judgment!Court : Chennai
Reported in : AIR1931Mad629; (1931)61MLJ535
..... 387 it was held that the dekkhan agriculturists' relief act, although so styled and although the preamble showed that the act was intended only for the relief of agriculturists, yet made provision in section 3 for certain suits not relating to agriculturists. ..... but on subsequent consultation with my learned brother as to how far the preamble of an act can be held to confine the scope of its express provisions and having regard to the vagueness of the preamble in question i am not sure that the view entertained by me is free from doubt. ..... it may be said that cases such as these also depend upon the existence of an ambiguity, although it is not the meaning of the act itself which is doubtful but of the act when read with the title or preamble, and where the enactment is sufficiently explicit of itself it may not be permissible to look into the preamble in order to obtain a gloss upon it. ..... on the footing that the text of this act cannot be read subject to its preamble the view taken by my learned brother in the judgment just pronounced is, if i may say so with respect, unexceptionable. ..... the question has been raised whether in cases of this class, where the building is of so inexpensive a description, recourse may be had to the terms of the preamble to the act in order to deprive the defendants of its protection. .....
Tag this Judgment!Court : Mumbai
Reported in : 4Ind.Cas.843
1. we answer the question referred in the affirmative. sections 12 and 13 of the dekkhan agriculturists' relief act show that it was the intention of the legislature to open up all transactions between the parties having a bearing upon the claim out of which the suit arises from the very commencement. this is one of the means adopted by the legislature to carry out the intention expressed in the preamble of relieving the agricultural classes from indebtedness. we understand this to mean indebtedness existing at the date of the passing of the act as well as future indebtedness.2. the point referred to us has never, so far as we have been able to ascertain, been raised during the last thirty years which have elapsed since the passing of the act, and we know of no case which has been decided which is based upon any other reading of the act than that indicated above.3. we are indebted to the pleaders who have argued the case as amici curiae with much keenness and have given great assistance to the court.
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