Court : Mumbai
Reported in : AIR1915Bom42; (1915)17BOMLR324
..... and 50 of 1914 that before the plaintiffs could be held entitled to have accounts taken under section 13 of the dekkhan agriculturists' relief act there are other questions to ..... (taking the case before us) determine the amount of the principal; the amount that is to be taken as the annual profits or rent of the house; and the rate of interest that it will allow as provided by section 71(a) of the dekkhan agriculturists' relief act. ..... is an agriculturist, in the former case he will be entitled to have the accounts taken under section 13 of the dekkhan agriculturists' relief act in supersession of the original contract between the parties: in the other case the finding by itself will not entitle him to such accounts, as he will have further to establish that the transaction is a mortgage and not a sale. ..... pleadings it is clear that the finding necessarily involves the result that the accounts should be taken under section 13 of the dekkhan agriculturists' relief act despite the terms of the contract to the contrary, and that the original contract to the extent ..... appeals is whether the decision that a party is or is not an agriculturist within the meaning of the dekkhan agriculturists' relief act, when formally expressed, is a preliminary decree within the meaning of section 2 of the code of civil procedure. ..... finding by itself, in my opinion, can be the basis of a preliminary decree, unless it necessarily involves a conclusive determination of the rights of the parties with regard to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1927Bom492; (1927)29BOMLR1109; 103Ind.Cas.898
..... the wording of section 21 of the dekkhan agriculturists' relief act, however, is quite different: 'no agriculturist shall be arrested or imprisoned in execution of a decree for money passed whether before or after this act comes into force.'20. ..... 305, which was also a case where instalments were claimed under section 15b of the dekkhan agriculturists' relief act, and it was held that the defendant could, in execution proceedings, show that he was an agriculturist at the date of the decree in spite of the fact that he had not claimed the privilege in previous execution proceedings arising out of the same decree. ..... the act came into force on november 1, 1879, and the result was that in spite of section 21 agriculturists against whom decrees had been made before that date could be arrested and imprisoned in execution. ..... money and such a decree does not necessarily involve a finding that the defendant is not an agriculturist unless the existence of that status would oust the court's jurisdiction. ..... in my judgment, the sole object of these amendments was to give retrospective effect to these two sections by making them applicable to the case of agriculturists against whom decrees had been made before november 1, 1879, the date on which the dekkhan agriculturists' belief act came into force. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1941Bom30; (1940)42BOMLR1005
..... 966):-it has been argued that section 20 of the dekkhan agriculturists' relief act expressly refers to a decree: passed against an agriculturist, whether before or after' the act came into force, while section 15 b only refers to decrees for redemption, foreclosure or sale in suits of the descriptions mentioned in section 3, clause (y) or clause (z), and consequently the fact that a defendant, or any of the defendants, who was not an agriculturist at the time the decree was passed, but became one thereafter, does not prevent his being a party to a suit of ..... execution proceedings he applied under section 20 of the dekkhan agriculturists' relief act for instalments contending that he was an agriculturist ..... : (1922)24bomlr370 , a person who at the time the decree was passed was not but has since become an agriculturist cannot avail himself of the provisions of section 15 b of the dekkhan agriculturists' relief act, xvii of 1879. ..... of this and the fact that no payment has been made since 1932, we are not prepared to consider the question of granting instalments unless the defendants are able to make a substantial payment into court. ..... , however, that it is impossible to grant instalments unless the defendants first pay some substantial sum, and useless to order an inquiry as to status unless instalments are likely to be granted. ..... them could help us to determine the question of status arising between two decrees, preliminary and final, unless we were prepared to accept the contention of mr. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1921Bom220; (1921)23BOMLR92
..... it is, in my opinion, an abuse of the procedure intended by the code to draw up a preliminary decree directing accounts to be taken under section 13 of the dekkhan agriculturists' relief act, before, for instance, as in this case, it had been even decided whether the mortgage sued upon was proved. ..... that is a provision of a general nature and does not, in my opinion, detract from the power given to the court by a special act, namely, section 13 of the dekkhan agriculturists' relief act, to take an account in accordance with the provisions of that section. ..... i do not see why this principle should not be applied to suits under the dekkhan agriculturists' relief act. ..... but a finding that the court has jurisdiction or that the plaintiff has brought his suit within the time prescribed by the law of limitation, does not determine the rights of the parties with regard to all or any of the matters in controversy in the suit, it merely enables the court to proceed to inquire into those rights, so, too, an issue of res judicata found in the plaintiff's ..... but the finding that a party is an agriculturist is not by itself an adjudication which can be embodied in a decree, though it may result in the plaint being returned for presentation in the proper court.16. ..... such an order was, according to legal phraseology, a preliminary or interlocutory decree but it was not a decree as defined by section 2 of the civil procedure code of 1982 although it was appealable as if it had been a decree.5. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom392; (1939)41BOMLR832
..... in that case their lordships had to construe section 11 of the dekkhan agriculturists' relief act which lays down:every suit of the description mentioned in section 3, clause (w), may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.in that suit also, as in the present case, three distinct reliefs were claimed, viz. ..... but it is urged that section 72 of the dekkhan agriculturists' relief act would not be applicable since the suit in which a personal decree was claimed is not a suit of the description mentioned in section 3, clause (w), for the recovery of money from a person. ..... it is argued that the section does not apply to a suit which falls under both clauses (w) and (y) of section 3 of the act and that it must be confined only to those suits which fall only under section 3, clause (w), of the dekkhan agriculturists' relief act. ..... (a) when such suit is founded on a written instrument registered under this act or any law in force at the date of the execution of such instrument,-twelve years.2. ..... the question whether a suit is in time or not cannot be decided unless each relief claimed in the suit is separately considered. .....
Tag this Judgment!Court : Mumbai
Reported in : (1920)22BOMLR266
..... the lower appellate court has found that in the present case there has been a serious prejudice to the minor, as he has been deprived effectively of the benefit of the provisions of the dekkhan agriculturists' relief act, as the full amount was found payable by him without taking any account under the dekkhan agriculturists' relief act, as no instalments were allowed and as the time fixed for the payment of the whole sum was only one month. ..... amount claimed and ordered it to be paid within one month instead of the six months which would have been the least allowed by the ordinary procedure, quite apart from the question whether or no instalments could not have been granted under the provisions of the dekkhan agriculturists' relief act. ..... all the papers connected with those proceedings are before the court; and it is clear from those papers-and that is the conclusion reached by the lower appellate court-that as required by section 443 no appointment of the mother or any other person as the guardian of the minor defendant was made. ..... the inference is clear that the minor was not effectively represented in the proceedings initiated by the present defendants in 1901 and that the decree passed in those proceedings on the award and the subsequent proceedings in execution resulting in the sale of the property in favour of the defendant no. ..... now a minor would not ordinarily be properly represented unless his guardian was formally appointed as such by the court. .....
Tag this Judgment!Court : Mumbai
Reported in : (1915)ILR39Bom422
..... and 50 of 1914 that before the plaintiffs could be held entitled to have accounts taken under section 13 of the dekkhan agriculturists' relief act there are other questions to ..... (taking the case before us) determine the amount of the principal; the amount that is to be taken as the annual profits or rent of the house; and the rate of interest that it will allow as provided by section 71(a) of the dekkhan agriculturists' relief act. ..... agriculturist, in the former case he will be entitled to have the accounts taken under section 13 of the dekkhan agriculturists' relief act in supersession of the original contract between the parties: in the other case the finding by itself will not entitle him to such accounts, as he will have further to establish that the transaction is a mortgage and not ..... the pleadings it is clear that the finding necessarily involves the result that the accounts should be taken under section 13 of the dekkhan agriculturists' relief act, despite the terms of the contract to the contrary, and that the original contract to that extent ..... these appeals is whether the decision that a party is or is not an agriculturist within the meaning of the dekkhan agriculturists' relief act, when formally expressed, is a preliminary decree within the meaning of section 2 of the code of civil procedure. ..... finding by itself, in my opinion, can be the basis of a preliminary decree, unless it necessarily involves a conclusive determination of the rights of the parties with regard to the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom282; (1953)55BOMLR279; ILR1953Bom707
..... this provision was further amended by act 70 of 1948 and, as amended, section 56(1) now reads as follows: 'notwithstanding the repeal of the dekkhan agriculturists' relief act, 1879, by the bombay agricultural debtors relief act, 1939, the first mentioned act shall, in so far as it applies to transactions and proceedings to which this act does not apply, be deemed to have been re-enacted with, effect from the date of the coining into operation of this act ..... ..... that act provided by section 56 that on the expiry of a period of three years from the date of the coming into operation of this act, the dekkhan agriculturists' relief act 1879 shall cease to have force. ..... section 85 provided that on the date on which the board was established the dekkhan agriculturists' relief act shall cease to have force in such area, and section 36 continued the operation of the dekkhan agriculturists' relief act for a period of three years in respect of transactions entered into before the date on which the board was established. ..... all that the proviso lays down is that if proceedings or suits are instituted before the expiry of the three years during which the dekkhan agriculturists' relief act was to continue in force, they shall be continued and disposed of as if the dekkhan agriculturists' relief act had continued in force even beyond the period of three years. ..... (1) the defendant executed a promissory note on 11-5-1942 for rs. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom260; (1953)55BOMLR170; ILR1953Bom680
..... court took the view that as the transaction, had been entered into before the dekkhan agriculturists' relief act had been made applicable to this district, the plaintiff of that suit ..... 224 of 1911 was dismissed on the ground that the dekkhan agriculturists' relief act was not applicable to that suit and therefore it was not competent to the plaintiff to claim an enquiry into the nature of the ..... -clause (d) deals with appeals which would have been filed under the repealed act against any decision, order or award, but which could not be filed only by reason of the fact that the said act was repealed, and it goes on to provide that such appeals shall, when filed before a competent court, be deemed to have been filed under the provisions of this act and shall be disposed of accordingly, in other words, this clause deals ..... application under section 17 or section 23 shall be entertained by the board on behalf of or in respect of any debtor, unless the total amount of debts claimed as being due from him on 1-1-1939 is not more than ..... now, section 19, sub-sections (1) and (2), refer to suits, appeals, applications for execution and proceedings which were filed under the old act of 1939 and were pending when that act was repealed and the new act of 1947 ..... that the ponding proceedings which fall within the protection of proviso (a) to section 56, sub-section (2), must be valid pending proceedings. ..... no justification for con-iining the application of proviso (a) only to valid proceedings. .....
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 person could only be allowed, according to the ..... provisions of section 10a ..... madbhavi is quite right, & if this particular piece of legislation we are dealing with did affect vested rights, then we must not give retrospective effect to such a piece of legislation unless the legislature in clear & explicit terms did intend to affect vested rights. ..... the act was passed in 1879. .....
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