Court : Allahabad
Reported in : AIR1986All115
..... the act was reviewed, the u.p. agricultural credit (amendment) act, 1975, was passed. the statement of objects and reasons appended to the said act states :'with a view to securing adequate flow of credit for agricultural production and development through commercial banks and other institutional credit agencies, the uttar pradesh agricultural credit act was passed in the year 1973. ..... to the above effect, the supreme court had emphasised that the preamble lays down the purpose behind them, that is, the problems belonging to the corporation and the government should be subjected to speedy procedure in the matter of evicting unauthorised persons occupying them. this was regarded by the supreme court as ..... the supreme court held that the procedure of speedier remedy was not violative of article 14 of the constitution. in that case, u. p. financial corporation took resort to section 3 of u. p. act 25 of 1965 for recovering the advances. the challenge to the adoption of speedier remedy was made .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All317
..... but would be a worthy act. in this connection i would like to point out the provisions of article 48 of the constitution which reads:'the state shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, ..... the presumption or constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and unknown reasons for subjecting certain individuals or corporations to hostile or discriminating legislation.the above principles will have to be constantly borne in mind by the court when it is called upon to adjudge the ..... (2) of this article provides that 'all other public moneys received by or on behalf of.....the government of a state shall be credited to the public account of india or the public account of the state, as the case may be'. sub-clause (3) of this article provides that 'no moneys out of the consolidated .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2002All1; (2001)3UPLBEC1941
..... by the borrower with the bank, a separate provision similar to clause (d) would have been enacted. it is noteworthy that any money, advance or credit given by the state government or a corporation which is not of the type covered by clauses (a), (b) and (c) viz. it is not by way of financial assistance or ..... it or by the uttar pradesh financial corporation. the state government while advancing loans does not act as an ordinary banker with a view to earning interest. ordinarily it advances loans in order to assist the people financially in establishing the industry in the state or for the development of agriculture, animal husbandry and for such other purposes ..... succession and survivorship. while the subject to devolution was within the competence of the centre under entry 7, list iii, that was limited to property other than agricultural land, which was a subject within the exclusive competence of the provinces under entry 21 in list ii. act no. 18 of 1937 dealt generally with property, .....
Tag this Judgment!Court : Allahabad
Reported in : IV(2007)BC190
..... respective powers under article 246(1) and 246(3) vide krishna utensils rampur v. state financial corporation fb. : air1989all226 .6. it has therefore to be first determined under which of the three lists the r.d.b. act and the u.p. agricultural credit act have been enacted. in union of india v. delhi bar association : [2002 ..... this contention. the preamble to the r.d.b. act states that the enactment is for expeditious recovery of dues of banking and financial institutions. the preamble of the u.p. agricultural credit act enacts that it was made to facilitate adequate flow of credit for agricultural production and development through banks and for matters connected therewith and ..... relevant to list iii does not come into play. incidental trenching of the state act into the law made by parliament it was observed was in consequential. the two legislations before us, the r.d.b. act and the u.p. agricultural credit act cannot however apply simultaneously; the reason being that section 34 of the .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]94ITR129(All)
..... storage, processing or facilitating the marketing of commodities. 4. section 28 of the agricultural produce (development and warehousing) corporation act, no, 28 of 1956, provided that the state governments may, with the approval of the central warehousing corporation, establishstate warehousing corporations. accordingly, the u. p. state warehousing corporation, the petitioner, was established by the state government of v. on 19th march, 1958. the aforesaid 1956 act was repealed ..... storage, processing or facilitating the marketing of commodities. both these steps were taken by parliament as a result of the recommendations of the committee of direction of the all-india credit survey, 1954. evidently, the legislative intent was to encourage the warehousing industry by granting substantial tax exemptions. 23. previously, there was virtually no warehousing industry in the country. feeling that .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1998All78
..... a cold storage and the recovery proceedings which had been initiated under u.p. agricultural credit act, (u.p. act no. 19 of 1973) had been challenged on the ground that the business carried on by a cold storage did not amount to 'agricultural' and therefore section 11-a of the said act had no application. this ..... matter. the petitioners had not taken loan from a bank for agricultural purpose. on the contrary they had taken loan from the upfc which has been constituted under the state financial corporation act, 1951, section 25(1)(d) of the act provides that the financial corporation may carry on and transact any business namely acting as agent of ..... on by persons engaged in any of the aforesaid activities including marketing of agricultural products and their storage. therefore, in view of special definition of 'agriculture' and 'agricultural purpose' in the aforesaid act, it was held that section 11-a of u.p. agricultural credit act would apply to a loan given to a cold storage and the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All546
..... in excess of the ceiling area including any land mortgaged to the state government or to a bank as defined in clause (c) of section 2 of the u. p. agricultural credit act, 1973, or to a co-operative society or to the corporation or to a government company, the surplus land to be determined shall ..... the following classes of persons namely:-- (a) ............................... (b) ...... (c) ..... (d) bank as defined in clause (c) of section 2 of the u. p. agricultural credit act, 1973, or a co-operative bank, or a co-operative land development bank.' 9. there are, however, clear indications in the act that land mortgaged to a bank ..... agricultural credit act, 1973 (hereinafter referred to as the credit act) was enacted. this act was substantially amended in 1975. a bank was defined in the credit act in section 2 (c). it is not necessary to reproduce that provision here, as admittedly, the petitioner bank is a bank within the meaning of the credit act. under section 3 of the credit act the state .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC2691
..... in excess of the ceiling area including any land mortgaged to the state government or to a (bank as defined in clause (c) of section 2 of the uttar pradesh agricultural credit act, 1973) or to a cooperative land development bank or other co-operative society or to the corporation or to a government company, the surplus, land to be determined ..... that even though petitioner has got first charge over the mortgaged land, and as it has obtained an order/decree of recovery under section 11 of u.p. agricultural credit act, 1973 and as that order/decree is to be executed and the amount determined therein is to be recovered like arrears of land revenue; but the collector ..... .7.1986, dismissed the appeal hence, this writ petition.3. it has been stated in para 5 of the writ petition that for recovery of its amount, petitioner bank commenced recovery proceedings against smt. veeren kunwar under section 11 of the u.p. agricultural credit act, 1973 and an order/decree was passed on 13.2.1975 in favour .....
Tag this Judgment!Court : Allahabad
Reported in : [1997]89CompCas598(All)
..... is submitted that the district co-operative bank has made advance to its member societies up to rs. 2,10,63,000 until the year 1987. the medium term agricultural loans stand at rs. 5,83,000. the industrial loans stand at rs. 6,65,000 and in so far as the constituent district co-operative bank ltd., ..... its opinion. 3. in effect the petitioner has filed the present writ petition challenging the action of respondent no. 3, the u. p. financial corporation, kanpur, for proceeding under section 29 of the state financial corporations act, 1951. but the main issue which has been presented in the writ petition is that respondents nos. 1 and 2, u. p ..... . state co-operative bank ltd., luck-now, and the district co-operative bank ltd., bareilly, are not extending the cash credit limit of the petitioner by making available .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(2)AWC1201
..... to the respondent as division bench in the aforesaid case was considering the realisation of 10% as collection charges under the provisions of u. p. agricultural credit act, 1973, hereinafter referred to as 'act'. under section 11 (a) of aforesaid act recovery certificate is sent to collector for realisation of the ..... punjab (supra) where hon'ble supreme court justified validity of tax on foreign liquor with reference to section 90 of the punjab municipal corporation act which conferred authority on the state government for levy of tax on indian made foreign liquor. however, in the present case, as already mentioned above, there is no provision in the ..... these writ petitions. learned counsel has placed reliance on following cases :west u. p. sugar mills association and others v. state of u. p. and others. 1997 (1) uplbec 54o ; mirza javed murtaza v. u. p. financial corporation, kanpur and another, air 1983 all 234 ; nirendra kumar bose and another u. district magistrate and others, air 1978 .....
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