Court : Allahabad
Reported in : 2000(2)AWC1168
..... the basic assumption of the submission was that the maharashtra agricultural produce marketing regulation act was conceived in the interests of the agriculturists only and intended for ..... according to him, the produces, which the agriculturists actually bring at mandi yard commonly known as 'first arrival' is subject to the restrictions contained under section 7 (2) (b) of the mandi samiti adhiniyam and since the members of the plaintiff society do not purchase agricultural produce directly from agriculturists, but from traders or commission agents, who firstly purchased the same from agriculturists, therefore, the members of the plaintiff, society are purchasers of 'second arrival' and, therefore, the provisions of section 7 (2) (b) of mandi samiti adhiniyam are not ..... the learned counsel for the plaintiffs, respondents further contended that in view of 1998 amendment of section 17 of mandi samiti adhiniyam, no mandi fee shall be charged on such specified agricultural produce over which mandi fee had already been levied in the mandi yard and, therefore, the agricultural produce, which arc purchased from traders, who had already paid mandi ..... it is also clear under section 21 of the general clauses act that when a power to issue notifications, orders, rules, or by-laws is conferred, then that power includes a power to exercise in the like manner and subject to the like sanction and conditions, if any, to add, to amend, vary or rescind any notifications, orders, rules or by- .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All19
..... held that section 4, agriculturists' belief act, is confined to cases in which a decree is passed after the act comes into force and does not at all apply to cases in which a decree previously passed is to be amended under section 30(2) of the act. ..... sub-section (2) says:if a decree has already been passed on the basis of a loan and remains unsatisfied in whole or in part, the court which passed the decree shall on the application of the judgment-debtor amend it by reducing in accordance with the provisions of sub-section (1), the amount decreed on account of interest.12. ..... that same full bench held that the rate of interest to be fixed by the court in an application under section 30 of the act is to be calculated, not on the accumulated amount due under the loan, but upon the principal amount advanced as loan, and it is thus clear that interest in the present case with effect from 1st january 1930 will be calculated on the principal sum. ..... section 30(1) provides:notwithstanding anything in any contract to the contrary, no debtor shall be liable to pay interest on a loan taken before this act comes into force at a rate higher than that specified in schedule 3 for the period from 1st january 1930, till such date as may be fixed by the local government in the gazette in this behalf.11. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All243
..... it may be that the object of the agriculturists' relief act is to make provisions for the relief of agriculturists from indebtedness and it may be that in compelling agriculturists to execute documents for their loans in order to save them from dishonest claims of money-lenders, the statute imposes a hardship upon them by requiring them to pay stamp duty for loan transactions when non-agriculturists are allowed to carry out loan transactions without any document, but it was for the legislature to relieve them against hardship, if there was any. ..... section 39 of the act enjoins that every loan given to the agriculturist shall be evidenced by a written document and it thereby casts a burden on the agriculturist to execute the document and pay duty upon it for a loan which a non-agriculturist can bring about without executing a document and without paying a duty. ..... while on the one hand the legislature made it imperative that the loan taken by an agriculturist should be evidenced by a written instrument, it, on the other hand, gave relief to the agriculturist in the matter of stamp duty. ..... by section 40 and schedule 5, agriculturists' relief act, only article 15, stamp act, stands amended, but the rest of the stamp act retains its binding force. ..... 234 'if amendment be needed it must be by the legislature.'58. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All34
..... when the legislature did not give any particular designation to the judge functioning under the agriculturists' relief act, but did choose to give one to a judge in these proceedings, the intention is clear. ..... in exercise of the powers conferred by section 54 rules were framed by the provincial government and the relevant rule (as amended) for purposes of this case is rule 6 which reads thus:proceedings under this act shall be governed by the provisions of the code of civil procedure of 1908, for the time being in force so far as they are applicable and not inconsistent with the provisions of the act and of these rules.23. ..... the grounds of the application, shortly stated, were first that the figures of the decree of 1st september 1938 should be corrected so as to conform to the amendment of 1939, and secondly-and this is the material matter now-that the order in which the two debts had been placed by the judgment of the learned special judge in class (4) should be reversed, so that the appellant's debt might appear as no. ..... the first was a prayer for correction of the figure in the decree of 1st september 1938, so that the order granting amendment might be carried into effect, and the second prayer was that the order adopted by the learned special judge in the ranking of the debts under class 4 of section 16 should be reversed; in other words, he should be placed above shyam lal. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All89
..... . after the agriculturists relief act was repealed, and the debt redemption act was enacted it was not necessary to amend this sub-section as the debt redemption act itself provided that the provisions of the act were not applicable to any proceeding pending under the encumbered estates act ..... . a claim by a creditor based on a decree stands on the same footing as a claim by a creditor on the basis of the loan advanced by him.it has been contended that in the light of this decision after an application has been made under the encumbered estates act, it is no longer open to the landlord debtor to say with reference to a decree included in the list of debts in the court of the special judge that he is an agriculturist 'liable to pay the amount due under a decree to which this act (the debt redemption act) applies ..... the only substantial difference between section 14, encumbered estates act, and section 9, debt redemption act, is that, while by the former the provisions of the usurious loans act have been made applicable to proceedings under that act, by the latter it is provided that the interest on loan, secured or, unsecured, shall not exceed the rate specified in sub-section (2) of section 9. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All509
..... it is necessary at this stage to quote the relevant portion of section 4 of that act:(1) the provisions of this act shall not apply to a suit for the recovery of a loan from an agriculturist where the creditor declares in accordance with the provisions of sub-section 2 that if a decree is passed in his favour either for the whole or part of the claim such decree shall not be executed against the land, agricultural produce or person of such agriculturist. ..... (3) no decree recoverable from an agriculturist shall be amended under the provisions of this act if the creditor declares that such decree shall not be executed against the land, agricultural produce or person of such agriculturist.2. ..... the decree-holder opposed the application for amendment filed by the judgment-debtor on the ground that by reason of the declaration made by him in accordance with section 4 of the act, the amendment application was not maintainable. ..... for the reasons indicated above, we are of opinion that the judgment of the lower court is incorrect and must be reversed and we, therefore, allow the appeal with costs & dismiss the application for amendment off the decree in question. ..... , ruled that section 4 applied to all classes of decrees and he repelled the contention of the judgment-debtor with the result that the mortgage decree was not amended. ..... the learned civil judge upheld the contention of the judgment-debtor and directed amendment of the decree in accordance with section 8, u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All425
..... the point on which the learned judge gave his ruling was whether, under the proviso to section 17 as amended by act 9[ix] of 1935, a separate previous application, for permission to give security instead of depositing the decretal amount in cash, was necessary.6. ..... without entering into the details of the discussions that used to arise it may be observed that the proviso, as it stood before the amendment, on its plain language, laid down that an applicant for the setting aside of an ex parte decree had to obtain the direction of the court as to whether he must deposit the decretal amount in cash or he could furnish security and, after obtaining the court's direction, had to deposit the amount in cash or to furnish the security - whichever the court directed him to do - at the time of presenting his application. ..... he further made these observations:prior to the amendment there appeared to have been some doubt as to whether it was within the competency of the court to extend the time within which the complete application for setting aside of an ex parte decree might be made; in other words as to whether the court could entertain an application for the setting aside of an ex parte decree where the security was, in fact, furnished after the lapse of thirty days from the date of the decree or the date of knowledge of the decree.8. ..... agriculturists' relief act, and that no question under section 17, provincial small cause courts act, arose in it. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All382
..... loan is defined by section 2(9) of the act as meaningan advance in cash or kind...recoverable from an agriculturist...or from the property of an agriculturist...but does not include an advance the liability for the payment of which has, by a contract with the borrower or his heir or successor...been transferred to another person....in this case it is not disputed that the decretal amount is recoverable from the property of an agriculturist and as the transfer in favour of shyam dei was by means of a deed of gift, it cannot, in view of the decision just referred to, be held that the liability for the payment of the mortgage debt ..... was, by a contract with the mortgagor, transferred ..... it is, therefore, clear that shyam dei is an agriculturist within the meaning of this definition of that word in the debt redemption act. ..... she prayed for reduction of interest by amendment of the decree in accordance with the provisions of section 8 of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All438
..... it is true that it has been held that the result of an amendment of the decree under section 5, agriculturists' relief act, as also under the corresponding section of the debt redemption act is that there is a new decree in the suit which takes the place of the original decree and it has been held that where a sale in execution of a decree has not been confirmed, it may be set aside on the application of the judgment-debtor who seeks the benefits of the agriculturists' relief act; but that is quite a different thing from holding that in a case where an auction ..... sale has taken place and the sale ..... first it is contended that the plaintiff had no title to the property in suit because by virtue of the proceedings under sections 3 and 5, agriculturists' relief act, and the amendment of the decree the auction sale has been rendered null and void. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All448
..... if the payment of wages act is amended in any way so as to affect the meaning of the term 'wages' it may be that the term in the debt redemption act must be interpreted in the light of the definition at the time when the debt redemption act was passed and not the definition as later amended but that contingency has not arisen and cannot form the basis of any argument in the case before us.6. ..... we set aside the decrees of the courts below and remand the suit to the court of first instance with a direction that that court shall ascertain the amount due on the mortgage without applying the provisions of the debt redemption act and shall pass a decree for sale of the property for the recovery of the sum found due and the plaintiff-appellant will get his costs in this court and in the lower appellate court and he will also get proportionate costs in the trial court in accordance with ..... it is also to be noted that the preamble of the debt redemption act says that the act has been passed because it is expedient to provide for further relief from indebtedness to agriculturists and workmen. ..... debt redemption act is an act 'to provide for further relief from indebtedness to agriculturists and workmen in the united provinces' and to reproduce the definition of 'workman' given in section 2(20) of the act. .....
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