Court : Kolkata
Reported in : AIR1965Cal220
..... section 15(a) of the rehabilitation finance administration act, 1948 is challenged on the ground that it violates article 14 of the constitution and is therefore, void on the ground of discrimination and inequality. ..... section 15 of the rehabilitation finance administration act, 1948, with which i am concerned in the present application. ..... on the very same principle and on the same ratio decidendi i hold that section 15 of the rehabilitation finance administration act and its sub-clauses (a) and (b) are not unconstitutionally discriminatory and do not violate article 14 ofthe constitution because this discrimination is based on reasonable and justified classification. 17 ..... chatterjee, learned advocate appearing for the petitioner company, has pressed before me is that section 15 of the rehabilitation finance administration act is ultra vires of article 14 of the constitution because it creates unreasonable discrimination amongst debtors of the administration to proceed against persons by certificate procedure in addition to or as an alternative to the procedure by civil suit ..... these additional remedies provided by section 15 of the rehabilitation finance administration act can be justified on the basis of reasonable classification. ..... nodoubt, an administration like the rehabilitation finance administration under the rehabilitationfinance administration act, 1948 is not the state or the government itself, but that does not make the multiple remedies and their choice constitutionally bad. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal416,64CWN126
..... that under section 3 of the rehabilitation finance administration act, 1948, the rehabilitation finance administration is a corporation, being a body corporate by the name of the rehabilitation finance administration, with perpetual succession and a common ..... may be noticed here that under section 13(6) of the rehabilitation finance administration act, 1948, the administration is authorised to take security for any loan us it ..... this was done under the provisions of the rehabilitation finance administration act, 1948, which was a statute, passed for giving financial assistance on reasonable terms to displaced persons to enable them to ..... demands recovery act taken by the collector of nadia are challenged as ultra vires on the ground that the petitioner is not a borrower within the meaning of the rehabilitation finance administration act, 1948. ..... failed to repay the loan whereupon the chief administrator, under the rehabilitation finance administration act, proceeded to realise it from the petitioner ..... a petition under article 226 of the constitution by ram ranjan rakshit against the chief administrator, rehabilitation finance administration, new delhi, the collector of krishnagar, the certificate officer of krishnagar and other ..... this statement is a downright falsehood because there is a solemn letter of guarantee duly signed by him, a copy of which is annexed to the affidavit-in-opposition of sri ananta kumar mitra on behalf of the chief administrator, rehabilitation finance administration. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj294
..... rehabilitation finance administration of the government, and the money was advanced to the insurance company under the provisions of the rehabilitation finance administration act, 1948 (act ..... for them to obtain the loan from the rehabilitation finance administration, as they needed money for making the deposit with the reserve bank of india in order to carry on the business of life insurance.they further pleaded that they had not created any charge in contravention of any provision of the insurance act so as to diminish wrongfully the assets of the company; but that it was by operation of s, 13 of the rehabilitation finance administration act itself that a charge had been created ..... operation of law and it was no fault of the directors if section 13 of the rehabilitation finance administration act had an overriding effect notwithstanding any law or usage to the contrary.7. ..... it is submitted that by virtue of section 13 of the rehabilitation finance administration act, there was a charge attached to the loan itself, and, therefore, it should not have been taken ..... need of funds in order to make the necessary deposit under section 98 of the act, and it does not appear that the directors could raise the money for making the deposit under section 98 except by taking the loan from the rehabilitation finance administration,in raising that loan they did not act in contravention of section 8 of the insurance act at all, and they deposited this amount with the reserve bank of india for the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H350
..... state government or the custodian; (ii)any amount recoverable whether in one lump sum or in installments from the displaced person account of loans granted to him by the central government or a state government or the rehabilitation finance administration constituted under the rehabilitation finance administration act, 1948, (xii of 1948) and any interest on such loans; (iii) the amount of purchase money or any part thereof and any interest on such amount or part remaining unpaid and recoverable from the displaced person on account ..... of transfer to him of any property or interest therein by-- (a) the central government or (b) any state government; or (c) any body corporate or other authority or person financed by the central government or a state government and ..... scheme of chapter iv of the displaced persons (compensation and rehabilitation) rules 1955 puts the recovery of 'public dues' on ..... west punjab and in lieu thereof was entitled to compensation under the displaced persons (compensation and rehabilitation) act. ..... (2) the contention of the learned counsel for the petitioner is that under the act and the rules framed thereunder the compensation has to be adjusted towards the loan due from the petitioners the loan .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal421,[1963(6)FLR378],(1963)IILLJ569Cal
..... by special statutes, for instance such statutes as the damodar valley corporation act, 1948, the state bank of india act 1955, the rehabilitation finance administration act 1948 and the road transport corporation act, 1950. ..... the relief finance and administration act, 1948, establishes another type of corporation by the name rehabillitation finance administration which is a body corporate, with perpetual succession, common seal, and again without shares and without a board of directors but it is managed by a chief administrator called a ..... a certain amount of flexible interpretation guided by the facts of each case is a necessity in the present context of the governmental administration, the orthodox limits and ideas of a civil service or a civil post under the state may not today exhaust all such categories under article ..... the damodar valley corporation established by the damodar valley corporation act, 1948, creates the corporation as a body corporate with perpetual succession and common seal under section 3 of the act but with no shareholding and board of directors, the participating ..... of 3 company registered under the companies act, where the government of india subscribed 80 per cent ot the share capital and 10 out of the 13 directors were nominated by the government of india and where large subsidies and advances were given by the union government from the shipping development fund and the government of india had the controlling and administrative authority over the company. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H34
..... custodian;(ii) any amount recoverable, whether in one lump sum or in instalments, from the displaced person on account of loans granted to him by the central government or a state government or the rehabilitation finance administration constituted under the rehabilitation finance administration act, 1948 (12 of 1948), and any interest on such loans;(iii) the amount of purchase money or any part thereof and any interest on such amount or part remaining unpaid and recoverable from the displaced person on account ..... of transfer to him of any property or interest therein by:(a) the central government; or(b) any state government; or(c) any body corporate or other authority or person financed by the central government or a state ..... government for the purpose of the acquisition, development or construction of any immovable property for the rehabilitation of displaced persons; (iv) any other dues payable to the central government, a state government, or the custodian which may be declared by the central government .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal499
..... a partnership firm, took a loan from the rehabilitation finance administration, a statutory body constituted under the 'rehabilitation of finance administration act 1948 (central act no. ..... the chief administrator, rehabilitation finance administration, new delhi, : air1960cal416 , ..... thereupon, the certificate officer of 24-parganas at alipore commenced proceedings by issuing a fresh certificate under the public demands recovery act (bengal act iii of 1913) showing that the certificate-holder was the union of india, and the dues were shown as, 'r. ..... mentioned, the collector under this act means the chief officer in charge of the land revenue administration of a district. ..... of the said act defines the word 'collector' as meaning the chief officer in charge of the land revenue administration of a district. ..... sent should be executed, and the question arises as to whether in its execution the provisions of the bengal act, in this case the public demands recovery act bengal, could be utilised, in my opinion, this is a point of some difficulty, because the provisions of the revenue recovery act and the provisions of the public demands recovery act, bengal, are not the same, and in many respects are conflicting. ..... by the additional collector of 24-parganas, who by his order dated 9-10-56 allowed the appeal, holding inter alia that the notice under section 7 of the bengal public demands recovery act was not a valid notice, and accordingly the purchase of the petitioner could not be held as void. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP255
..... . the vires of section 15 (a) of the rehabilitation finance administration act which provided for the recovery of loans advanced by the administration as arrears of land revenue without prejudice to any other ..... act and the ordinary mortgage suit or other proceedings in this connection do not seem to be proper appropriate for expounding the great constitutional doctrine of equality of law or equal protection of laws.in our opinion the facts of the said case are on fall fours with the present case and the reasoning given therein for arriving at a conclusion that section 15 (a) of the rehabilitation finance administration ..... the loan as arrears of land revenue in the context of the rehabilitation finance administration act is not discriminatory at all ..... filed the writ petition in the high court and obtained and interim stay against the order of eviction their contention in the high court inter alia was that the act discriminated between the occupants of public premises and those of private property and also discriminated between the former inter se and, therefore, infringed their right of equality ..... the collector to discriminate between different occupants of public premises by pursuing the remedy available under the ordinary law in the case of one occupant and by pursuing the more drastic remedy under the act in the case of another occupant.it was observed that section 5 has left it to the discretion of the collector to make such an order in the case of some of the tenants and not .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H246
..... rule 6 is a copy of a letter dated the 22nd of june 1960 from the rehabilitation finance administration informing him that in view of a certain decision of government of india regarding interest he now had a sum of rs. ..... present house was being considered he was treated as being a non-claimant because the whole of the amount payable to him in respect of all his claims had been taken in adjustment of a loan obtained by him from the rehabilitation finance administration for the purpose of setting up a new industrial establishment. ..... the order which was impugned in the writ petition was passed under section 33 of the displaced persons (compensation and rehabilitation) act by deputy secretary in the ministry of rehabilitation accepting a petition tiled by the contesting respondent mela ram and ordering the transfer of the house in dispute to mela ram.3. ..... mela ram's petition under section 33 of fhe act was accepted by the deputy secretary on the ground that it ought to have been decided under rule 30 on the basis that he was a claimant, since by the time the case was first decided by the department on the ..... basis that both patties were non-claimants and that the portion of the house occupied by kewal krishan was larger than that occupied by mela ram under rule 31 of the rules framed under the act.4. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal613
..... 894 (opr)/1958-59 was started on the 5th of december, 1958 on the 23rd of april, 1958 the rehabilitation finance administration was added as a party in the original suit no. ..... in 1948 by act 12 of 1948 was established the rahahilitation finance adminstration, the main purpose of which was the giving of financial assistance to displaced persons, to enable them to settle in business or industry. ..... the amounts due to the said administration are, under the said act 12 of 1948, recoverable as a public demand. ..... ' under sub-section (2) of section 2 of the said act, collector' means the chief officer in charge of the land-revenue administration of a district. ..... a proclamation was issued as required by the said act, and further proceedings took place in accordance with the provisions of the public demands recovery act, as there is no procedure fixed under the said act for the subsequent proceedings. ..... : air1962cal499 that where the said act was applicable, the certificate that was to be realised was the certificate issued by the collector outside jurisdiction and transmitted to the collector within jurisdiction under the provisons of the said act, and it was for the collector to whom it was transmitted to realise the amount and that he could not transfer it to the certificate officer on the 11th july, 1962 respondent no. .....
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