Judgment Search Results Home > Cases Phrase: karnataka money lenders act 1961 section 14 registrar and assistant registrar to have powers of civil court Page 1 of about 61 results (0.405 seconds)

K.G. Srinivas Chickaballapur Taluk and Another Vs. M/S. Akshaya Financ ...

Court : Karnataka

..... thus, it emerges from the above judgment that, license was not produced and inspite of non-production, suit came to be decreed with a rider and hence, this court applied section 11 of the karnataka money lenders act 1961, to the facts therein and held that, this initial bar was not cleared and as such, suit could not have been decreed and in exercise of its revisional jurisdiction, judgment and decree of trial court came to be set aside. 19. ..... powers of appellate court- (1) subject to such conditions and limitations as may be prescribed, an appellate court shall have power- (a) xxx (b) xxx (c) xxx (d) xxx (2) subject as aforesaid, the appellate court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by the code courts of original jurisdiction in respect of suits instituted ..... (prayer: rsa filed u/s.100 of cpc against the judgment and decree dated 10.11.2005, passed in r.a.no.104/03 on the file of the civil judge (senior division) and jmfc, chickaballapur, allowing the appeal and setting aside the judgment and decree dated 13.03.2003 passed in os.no.46/2000 on the file of the ..... this is defendants second appeal questioning the correctness and legality of the judgment and decree passed in ra no.104/2003 by civil judge (senior division ) and jmfc, chickaballapur dated 10.11.2005, reversing the judgment and decree passed by civil judge (junior division), chickaballapur dated 13.03.2003 in os no.46/2000, dismissing the suit. .....

M/S. Prasanna and Company, Bangalore Vs. Prasanna Kumar and Another

Court : Karnataka

Reported in : 2000(5)KarLJ166

..... that there is clear non-compliance of sections 20 and 21 of the karnataka money lenders act, 1961 on expiry of the year ending 31-12-1988 the plaintiff being a money-lender should have intimated the same under section 21 of the karnataka money lenders act, 1961 and it was the statutory duty on the part of the money-lender to have furnish all the information in writing under sections 20 and 21 of the karnataka money lenders act, 1961 which he has not done and thus there has been breach and non-compliance of sections 20 and 21 of the act. ..... p-15-the affidavit of the first defendant-prasanna kumar is of no assistance to the appellant-plaintiff and if at all it has to be read in evidence, then it has to be read in entirety as per the law laid down by their lordships of the supreme court in the case of hanumant govind nargundkar, supra, wherein their lordships have laid down the law that an admission made by a person whether amounting to a confession or not cannot be split up and part of it used against him and an admission must be used either as a whole or not at ..... per the plaint allegations, the plaintiff claimed to be a private money-lending firm registered with the registrar of money-lenders, bangalore and carrying on the business of financing loans on the basis of security and hypothecation of goods and vehicles. ..... from the judgment and decree of the trial court, the plaintiff-appellant has come up in appeal before this court under section 96 of the code of civil procedure.8. .....

V. Satyanarayana Vs. Sandeep Enterprises

Court : Karnataka

Reported in : 2005CriLJ12; ILR2004KAR4505; 2004(7)KarLJ541

..... this connection, he referred and relied on section 11 of the karnataka money lenders act, according to which, suit filed by a money lender, who has no valid licence in money lending, would not be decreed by a civil court.16. ..... if the money lending was not with profit motive or, not carried on as a profession, he or she does not become a money lender under the karnataka money lenders act, as held by this court in the case of ..... the present case, there is no evidence or material on record to say that the respondent/complainant carried/carry on money lending business and consequently he comes within the meaning of the word 'money lender' as defined under the karnataka money lenders act. ..... said pronote and argument in that regard do not help the accused much to hold the complainant as 'money lender' under karnataka money lenders act. ..... otherwise, if assumed that the cheques were issued by the petitioner/accused in the course of money lending - business, that itself does not attract the provisions contained in karnataka money lenders act. ..... takes us to the merits of the case.it was vehemently argued for the petitioner/accused that since it is admitted by the respondent/complainant in his evidence that he is a money lender and not having any licence to do money lending business, debt or liability itself was not enforceable under law and as such, the trial court as well as the sessions court committed an error in ignoring said material. ..... , learned advocate to assist the court as amicus curiae.4. .....

Manakchand Motilal Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1991KAR1928; 1992(1)KarLJ1

..... 1961 and persons who are doing business as money lenders having taken licences under the karnataka money lenders act, 1961 have questioned the constitutional validity of the karnataka pawn brokers (amendment) act, 1985 and the karnataka money lenders (amendment) act, 1985 on the ground that the provisions of the said acts are violative of articles 14 and 19 of the constitution of india and they have also questioned the constitutional validity of section 4(2)(c) and section 23(2) of the karnataka pawn brokers act, 1961 as volatile of articles 14 and ..... section 7b of the money lenders act and section 4b of the pawn brokers act, the learned government advocate submitted that clause (5) of section 7b of the money lenders act indicates the object and purpose namely payment of an amount to the borrower affected by the acts of the licensee by the registrar ..... act regarding payment of interest, in view of article 14, the government while making rules for the purposes of the act under section 44 of the money lenders act and section 22 of the pawn brokers act has not only the power ..... court on the ground that the provision of section 16a of the kerala money lenders act was held to be unconstitutional for the reason that there was no provision for utilising the amount forfeited to give relief to the affected borrowers and therefore it was regarded as unconstitutional, but in the present case the money forfeited is required to be distributed among the borrowers who are required to be compensated and .....

Basappa and ors. Vs. Garemane Kamanna

Court : Karnataka

Reported in : ILR1985KAR912; 1985(1)KarLJ207

..... on appreciating the evidence, the trial court came to the conclusion that the plaintiff is a money-lender, as defined in the karnataka money lenders act, 1961 (for short the act') and that he did not have a valid licence on the date ..... section shall affect- (a) suits in respect of loans advanced by a money-lender before the date on which this act comes into force :(b) the powers of an official receiver, an administrator or a court under the provisions of the mysore insolvency act, 1925, or other corresponding law inforce in any area of the state or of aliquidator under the companies act, 1956, to realise the property of a money-lender ..... of any such suit, the court finds that the money-lender had not held such licence, the court may, on the application of the money-lender, stay the hearing of the suit and require him to produce within a period of three months a licence on payment to the registrar of all the arrears of the licence fees payable by him under this act for the period commencing from the date on which he started the business of money-leading or the expiry of ..... the learned civil judge, after interpreting section 11 of the act, came to theconclusion that as per the unamended provision of section 11 of the act, the finding recorded by the trial court was erroneous and therefore he set aside the said finding and remanded the matter to the the trial-court, to dispose of the suit ..... against an order of remand dated 30-1-1980 passed by the civil judge, madhugiri in r.a. no. 67/79. .....

Life Insurance Corporation of India Vs. Gurappa Sangappa Katageri and ...

Court : Karnataka

Reported in : [1990]69CompCas436(Kar)

..... findings recorded by the trial court are as follows : (a) that the corporation has become the successor to the united karnataka insurance company, dharwar ; (b) the plaintiff was not required to take a licence under the bombay money lenders act and, therefore, the suit is not barred on that account; (c) that notwithstanding the cancellation of registration, the corporation is entitled to sue for the mortgage money. ..... the learned appellate judge raised the following point for consideration : '(i) whether the money lenders licence was necessary to be obtained by ukic (united karnataka insurance company) under the bombay money lenders act, 1946 (ii) whether there was any controlled business of ukic that could vest in the plaintiff ( ..... lyengar appearing for the corporation urged the following contentions : (i) that the bombay money lenders act was not applicable since the original company was an insurance company, which wa not required to obtain licence ; (ii) that though the registration was canceled the company till remained an insurance company to do any business other than insurance business ; and (iii) the amount having been paid to the plaintiff, the deposit of rs. ..... patil that section 5 of the act requires that every money-lender should obtain a licence to carry on the business of money lending. ..... 882.53 was due to the corporation calculating the interest from june 30, 1961, at 6% and after including notice charges, etc. ..... 233 of 1961 on the file of the second additional munsiff, .....

M/S. Manakchand Motilal and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1992Kant123

..... are carrying on their business as pawn brokers after having secured licences under the karnataka pawn brokers act, 1961 and persons who are doing business as money lenders having taken licences under the karnataka money lenders act, 1961 have questioned the constitutional validity of the karnataka pawn brokers (amendment) act, 1985 and the karnataka money lenders (amendment) act, 1985 on the ground that the provisions of the said acts are violative of articles 14 and 19 of the constitution of india and they have also questioned the constitutional validity of section 4(2)(c) and section 23 (2) of the karnataka pawn brokers act, 1961 as violative of articles 14 and 19 of the constitution.2. ..... 7b of the money lenders act indicates the object and purpose namely payment of an amount to the borrower affected by the acts of the licensee by the registrar. ..... 'we are in respectful agreement with the view taken by the kerala high court and hold that the quantum of deposit to be made by a money lender or a pawn broker has to be computed on the basis of the actual money invested in the business and not on the basis of aggregate of the amount of loan advanced in cases where amount invested in the business has been utilised to advance loan more than once ..... 22 of the pawn brokers act has not only the power but also a duty to provide for payment of ..... to concentrate merely on power of the state and the object of the state action in exercising that power is therefore to ignore the true intent of the .....

K. Shivalingaiah Vs. B.V. Chandrasekhara Gowda

Court : Karnataka

Reported in : ILR1992KAR1996

..... the contention of the petitioner is that under the proviso to sub-section (4) of section 6 of the karnataka money lenders act, 1961 (hereinafter referred to as the 'act'), an application for renewal can be made even after the expiry of the period prescribed under the rules and such an application is maintainable provided it is accompanied by a licence fee at double the rate specified in the said sub-section.' 2.2. ..... that being so, the assistant registrar of money lenders must be held to have been authorised under the act to issue a certificate as to whether a particular money lender had the money lending licence for a particular year on the basis of the entries made in the register of money lenders. ..... seetharama reddy, : [1964]2scr35 has held as follows :'under rule 27 (1), the appellate court has the power to allow additional evidence not only if it requires such evidence 'to enable it to pronounce judgment', but also for 'any other substantial cause'. ..... this appeal by the plaintiff is preferred against the judgment and decree dated 29-11-1986 passed by the learned xii additional city civil judge, bangalore city, in o.s.no.2379/1983. ..... similarly, the original money lenders licence at sl.no.7 was produced before the city civil court. .....

G. Gangappa Vs. H.S. Rajanna

Court : Karnataka

Reported in : ILR1994KAR2036; 1994(2)KarLJ708

..... 85 of 1979 reversed the judgment and decree of the learned munsiff and dismissed the suit holding that under section 10 of the karnataka money lenders act, 1961 (herein after referred to as the act') there was no power in the authority to grant a money lenders licence with retrospective effect and since the appellant did not have a licence on the date of advancing the loan on 22-7-1974 he was not entitled to maintain the suit. ..... therefore without the intervention of the court requiring the money lender to produce a licence under section 11(2) of the money lenders act, there is no provision in the act under which a money-lender can independently approach the registrar and obtain a money lenders licence with retrospective effect. ..... , as he deems fit, grant the applicant a licence in such form and subject to such conditions as may be prescribed and direct the assistant registrar to enter one name of such applicant in the register maintained by him under section 4.if the application is in respect of more than one place of business in the area under the jurisdiction of the registrar a separate licence in respect of each such place shall be granted in the name of the applicant and the person responsible for the management of the business at such .....

P. Vaikunta Shenoy and Co. Vs. P. Hari Sharma

Court : Supreme Court of India

Reported in : AIR2008SC416; 2008(1)ALLMR(SC)415; 2008(1)AWC432(SC); I(2008)BC263(SC); 2008(1)KarLJ161; 2007(4)KLT985(SC); (2008)3MLJ541(SC); 2007(12)SCALE640

..... the defendant denied the plaintiffs case and advanced the plea that plaintiff was a money-lender and he did not have a licence as required by the karnataka money lenders act, 1961. ..... when we construe the provisions of the karnataka money lenders act we must see the object for which it was made and we have to adopt the purposive construction.11. ..... the aforesaid section 2(10) states that a money-lender is one who 'carries on the business of money lending in the state. ..... learned counsel for the plaintiff-appellant has submitted that the plaintiff was not a money-lender as defined in section 2(10) of the karnataka money lenders act. ..... it may be mentioned that the purpose of the act was to prevent the malpractice of oppression by money-lenders to take advantage of peoples poverty.8. ..... from this angle the appellant could not be said to be a money-lender as he was not really doing the business of money lending in the strict sense but was only advancing loans to secure the regular supply of areca nuts.14. ..... this appeal has been filed against the impugned judgment of the karnataka high court dated 25.03.2000 in r.f.a. no. ..... in view of the above this appeal is allowed, impugned judgment of the high court is set aside and the judgment of the trial court is restored. ..... as observed by this court in new india sugar mills v. ..... the trial court decreed the suit of the plaintiff but the said decree was set aside by the high court. ..... it was held by this court in u.p. .....