Court : Mumbai
Reported in : (1959)61BOMLR1607
..... i do not think, therefore, that there was fairure~on~tfe part of the opponent which could bring into operation the penalty laid down in section 15(2) of the act, even assuming that the proceedings in the dekkhan agriculturists' relief suit could have been validly transferred to the bombay agricultural debtors relief court. ..... 691 of 1950 under the dekkhan agriculturists' relief act, his two applications for adjustment of his debts were already pending in the bombay agricultural debtors relief court at rahuri. ..... now, in the present case, the suit, which was filed under the dekkhan agriculturists' relief act, was filed on may 26, 1950 that is to say, long after the date before which applications to the bombay agricultural debtors relief court could have been filed. ..... 292 of 1953 to enforce their second mortage, and in that suit an ex parte decree was passed in their favour but it ultimately came to be set aside at the instance of the opponent and it was only in april 1954 that he filed the present suit. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom54; (1934)36BOMLR738; 152Ind.Cas.715
..... not fraudulently registered at a wrong place, that the sale-deeds were also valid and acted upon, that the withdrawal of the partition suit was not invalid or voidable by the plaintiffs on the ground that leave of the court was not taken, that all those transactions were made for the benefit of the plaintiffs' family and for valuable consideration, that the plaintiffs were not, therefore, entitled to sue for redemption, and that in any case the suit for accounts under the dekkhan agriculturists' relief act was not maintainable. ..... apply its mind and ascertain whether the compromise was for the minor's benefit, that the court had to exercise its discretion and it was to be seen in each particular case from the application and order thereon as to whether the court intended to grant such leave, but if no such leave is given, the compromise or the withdrawal of the suit in virtue of a compromise is voidable at the instance of the minor by a suit to avoid it, with the result that if the decree or order of the court disposing of the suit is set aside, the minor is restored to his original position in that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom98
..... it is well known that there are statutes which deal with arbitration other than the arbitration act or the civil procedure code such as for instance the companies act, the dekkhan agriculturists' relief act, or the co-operative societies act, etc. ..... with regard to this decision the learned commentator of mulla's code of civil procedure observes:this decision dissents from the calcutta decision according to which in such a case the court should not take any notice of the award and the suit may be proceeded with on the application of either party. ..... it was held in that case that where parties to a suit refer their disputes to arbitration without the intervention of the court and an award is made, an application to pass a decree in terms of the award is an application to record a compromise within the meaning of this rule. ..... but if that decision means that an agreement of reference to arbitration in a pending suit by itself is a valid agreement and can be filed under para 17 then with all respect to the learned judges i am unable to agree with it. ..... they decided that no provision in a contract which ousted the jurisdiction of the courts of law could be valid, but that a clause agreeing to refer disputes to arbitration was valid because it did not oust the jurisdiction of the courts. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom173; (1923)25BOMLR52; 79Ind.Cas.179
..... after a careful consideration of the provisions of the dekkhan agriculturists' relief act, and of the arguments urged before us, i have come to the conclusion that this award cannot be treated as a valid award.6. ..... even assuming for the sake of argument without admitting it that the application made by the plaintiff producing the award before the court was practically a submission to the court by the conciliator of this agreement between the parties finally disposing of the matter, and that the matter was substantially before the court, though not in the manner provided in section 44 it was still obligatory upon the court to consider whether it was a legal and equitable agreement between the parties-and unless the court was satisfied on that point it could not ..... the court rejected the plaintiff's application and refused to file the award, on april 10, 1911, on the ground that the claim on the original cause of action would be time-barred at the date of the award, it appears that the plaintiff again applied, on january 28, 1913, for the restoration of the suit in view of bombay act xiii of 1912; but that application was rejected. ..... for one reason or other the court refused to give effect to the agreement evidenced by the award and it seems to me that it is not open to the plaintiff now to treat this award as affording a distinct and separate cause of action to be dealt with according to the ordinary rules applicable to a suit based on an award. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1914Bom191; (1913)15BOMLR1129
..... is a case under the dekkhan agriculturists' relief act and it involves the construction of the terms of section 257 a of the old civil procedure code. ..... has no application to the facts of the present case, first, because the parties themselves treated void as well as valid debts as a lump sum and the contract was therefore an integral one; and, secondly because interest not awarded by the decree was made payable under the bond. ..... i can find nothing in this application of the law which conflicts with the full bench decision in heera nema's case ..... may be that the reasoning adopted is rather fine and makes distinctions which a more robust or plain reading of the section would ignore, but these distinctions have been made in the past, and it appears to me to be better to follow them at least to the extent of the reasoning which leads to the result arrived at in the case of bhagchand v ..... the mortgage-deed in that case covenanted that interest was to run on the decretal amount, which was a part of the mortgage-amount, from the very day on which the deed was executed and not on the failure in the payment of an instalment as in the mortgage-bond in this ..... the amount due under the promissory-note for which the suit was instituted was therefore in 11 i excess of the decretal ..... there are thus two distinct agreements in the mortgage-deed: first, to pay the principal amount which is found to be not in excess of the decretal-debt, and, secondly, to pay interest if there was a default in payment of an .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom320; (1947)49BOMLR219
..... the main question which we have to decide on the present reference is whether a suit filed by an agriculturist debtor under section 15d of the dekkhan agriculturists' relief act is a suit for the recovery of a debt as contemplated by section 37(1) if it is, the civil court where it is pending will have to transfer it to the board. ..... sub-section (1) deals with suits, applications for execution and proceedings for the recovery of any debt against a person pending at any time in any civil or revenue court, and it provides that if such suits, applications and proceedings involve the question whether such person is a debtor under this act and whether the total amout of debts due from him on the relevant date does not exceed rs. ..... on the other hand, under section 73(ii) it is expressly provided that the validity of any proceedings or the legality of any award, order or decision of the board cannot be challenged in any civil court, and the effect of the provisions of sub-sections (4) and (5) of section 37, in our opinion, seems to be that when the matters in question are retransferred to civil courts the civil courts would have to deal with them on the basis that the findings already made by the board are good and binding between the parties. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom298; (1933)35BOMLR588
..... have been in 1890 forthwith reduced to writing before the conciliator under section 43 of the dekkhan agriculturists' relief act, and then forwarded by the conciliator under section 44 to the subordinate judge, and then ordered to be filed, taking effect from that day as a decree of the court, would be invalid because it was unstamped, and because it had not been written by, or under the superintendence of the village registrar under section 56 of the dekkhan agriculturists' relief act, as a fact, stamp duties on such documents were remitted by the government of india in 1880.then his lordship further ..... it was further agreed as follows :-the properties mentioned in the application, exhibit 6 in the suit, are to be security for the said sum of rs. ..... their case was that there was no valid mortgage, as the compromise was not registered or attested, nor was the decree, as required by the indian registration act read with sections 4, 58 and 59 of the transfer of property act.5. ..... obviously section 4 would then have nothing to do with the question, and the charge being incorporated in or created by the decree, it would be valid even if unregistered under proviso to section 17 of the indian registration act.7. ..... under rule 3 of order xxiii, when a compromise is presented to the court for being recorded, the parties to the compromise have an opportunity of disputing the validity or the legality of the compromise. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom257; (1935)37BOMLR372
..... 508 that the repeal of section 257a of the civil procedure code, 1882, did not affect the application of section 13, clause (c), of the dekkhan agriculturists' relief act. ..... shah has argued that that principle does not apply to the dekkhan agriculturists' relief act, which affects the status of the defendant, and he contends that if the defendant sets up, as he may do at any time, the status of an agriculturist, it is at that time that his rights under the act have to be determined. ..... the first defence set up is that the promissory note is void under section 13, clause (c), of the dekkhan agriculturists' relief act. ..... the general rule is well-established, and embodied in section 6 of the general clauses act, that an amendment of an act of the legislature during the currency of a suit is irrelevant, and the rights of the parties are governed by the act as it existed at the time when the suit was started. mr. j. c. ..... at the time when the suit was filed, section 13, clause (c), provided in effect that when the court inquires into the history and merits of a case under section 12, it shall open the account between the parties from the commencement of the transactions, and in taking that account 'in the account of principal there shall not be debited to the debtor any money which he may have agreed to pay in contravention of section 257a of the code of civil procedure'. ..... 75 and interest thereon, but valid as to rs. .....
Tag this Judgment!Court : Mumbai
Reported in : 92Ind.Cas.628
..... therefore, this is not a suit falling within the class of suits specified in the dekkhan agriculturists' relief act, and the plaintiff is not entitled to take advantage of its provisions. ..... that question was ruled out by the trial judge on the ground that the dekkhan agriculturists' relief act did not apply at the date of the sale-deed, relying on the decision in chanbasayya v. ..... 199 the dekkhan agriculturists' relief act gives extraordinary reliefs in certain cases which are specified in the act. ..... besides chidambarbhat, who is examined by the defendants, swears that the object of the insertion of the plot in the deed was merely to give jurisdiction to the sub-registrar of navalgund, and that the parties to the sale-deed in suit had no intention to alienate the said plot by the deed, and that the sale to him by ningappa of the plot was benami for bhagirthibai.3. ..... but we are not prepared to go further and say that evidence can be led with regard to the intention of the parties at the time the principal document was registered, to deal again with the portion of the property which was within the jurisdiction of the registrar and which rendered its registration valid.5. ..... neither of those cases is applicable to the facts in the present case. .....
Tag this Judgment!Court : Mumbai
Reported in : (1907)9BOMLR1026
..... rele that as when the decree in this suit was passed, the dekkhan agriculturists'relief act was not in force, his client had a right to recover the whole amount of the decree and that its application cannot have retrospective effect so as to take away rights previously possessed ..... if the former is the meaning, section 15 (b) of the dekkhan agriculturists' relief act gives a discretionary power to the court to make the decretal amount payable by instalments in the course of any proceeding in execution of a decree for redemption, foreclosure or ..... is not clear what the subordinate judge means by the application being made 'too late'-whether he thinks that the application is barred by limitation under article 175, schedule ii of the limitation act, or that it is made at a late stage of the case. ..... the subordinate judge has disposed of this application, for modification of the decree by making the decretal amount payable by instalments, upon the ground that the application was made too ..... rele contends that the court's power can be exercised only on an application by the judgment-debtor but the language of the section does not warrant any such ..... in such a case the question is whether the judgment-debtor, being an indebted agriculturist, is able or not to pay the whole decretal amount at once ..... that it is intended for the relief of indebted agriculturists, we do not see any valid reason for construing the section in that narrow way by importing into it words which are not to be found there .....
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