Court : Andhra Pradesh
Reported in : AIR1994AP170; 1993(1)ALT608
..... the learned judges held as follows:'applying the principle of this decision to the facts of the case before us, we must hold that the interest on the debt advanced by the plaintiff-bank to the 1st defendant was subject to the liability or obligation of being scaled down, in accordance with the provisions of the usurious loans act, as amended by the madras (amendment) act, and that the said right cannot be taken away by section 21-a. ..... murthy, learned counsel next contended that on a plain reading of the language of section 21-a of regulation act, 1949, as inserted by amending act 1 of 1984, the parliament injuncted the courts from giving relief under the provisions of usurious loans act, 1918 (act 10 of 1918) whenever they are called upon to do so. ..... the said contention was rejected having regard to the fact that the jurisdiction of the court to give relief was divested by the amending act. ..... krishnamurthy, air 1983 andh pra 347, held that the provisions of madras agriculturists debt relief act (act iv of 1938) are applicable to the transactions entered into between a banking company and it's agriculturists-debtors and the debtors are entitled to have the transactions reopened by the court and the interest seated down as per the provisions of the said act. ..... dhanekula koteswara rao, (1979) 2 andh wr 165 as well as by the kerala high court in state bank of travancore v. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1134; 2002(4)WLC530; 2002(5)WLN618
..... it may be stated here that proviso to sub-section (3) of section 13 of the rent control act was added through amendment in 1976 by which it has been categorically mentioned that while determining the amount under sub-section (3) of section 13 of the rent control act, the court shall not take into account the amount of rent which was barred by limitation on the first date of hearing of the suit, but this amendment came into force through rajasthan premises (control of rent & eviction) (amendment) ordinance 1975 (raj. ..... moideen (1 (2001) clt 426) and in that case, the kerala high court, after considering the scope of section 100 cpc, came to the conclusion that in terms of section 100 of the code of civil procedure, this court can also raise any other substantial question of law that may arise in the light of the arguments addressed before it.35. ..... in muhammedkutty's case (supra), the kerala high court has held that where a suit for eviction on grounds of arrear of rent was there, the landlord can recover rent irrespective of period of limitation.22. ..... there is ample authority for the proposition that though a debt is time barred, it will be a debt due though not recoverable, the relief being barred by limitation.'23. ..... the learned counsel appearing for the appellant-defendant has placed relianceon the decision of kerala high court in moosa v. ..... ahmedkutty, (1979 (2) rcr (kerala) 178) (3) khadi gram udyog trust v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker3
..... of court under which it arises or at five per cent per annum simple interest, whichever is less, up to the date of publication in the gazette of the kerala agriculturists debt relief (amendment) act, 1960, and at the rate applicable to the debt under the law, contract or decree or order of court under which it arises or at seven per cent per annum simple interest, whichever is less, with effect on and from the date of the publication in the gazette of the said act; but nothing in this clause shall be deemed to require a re-appropriation of interest already paid and credited ..... of court under which it arises or at five per cent per annum simple interest, whichever is less up to the date of publication in the gazette of the kerala agriculturists debt relief (amendment) act 1960, and at the rate applicable to the debt under the law, contract or decree or order of court under which it arises or at seven per cent per annum simple interest whichever is less, with effect on and from the date of the publication in the gazette of the said act; but nothing in this clause shall be deemed to require a re-appropriation of interest already paid and credited .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC771; (1978)2SCC1; [1978]2SCR537
..... to the history of economic legislation in kerala, th< sad plight of the agriculturists debtors in the state and the fact that the agriculturist debtors are living from hand to mouth and below subsistance level, the observations made by this court as quoted above apply to the facts of the present case with full force because similar conditions had prevailed in maharashtra which led to the passing o the maharashtra debt relief act.36. ..... appeals against the judgment of the kerala high court dated august 17, 1972 are by certificate under article 133(1)(c) of the constitution as it stood before the constitution (thirtieth amendment) act, 1972 ..... the high court has pointed out in its judgment that though the act was preceded by act 31 of 1958 under which benefits were conferred on the debtors for debts incurred by the agriculturists before 14th july, 1958 but as this date was considered to be inadequate by an amendment in 1961 the date was exended to 14th july ..... also made a reference to act 31 of 1958 which was quite similar to the act and has pointed out how the amending act of 1961 became infructuous because of the unintended delay in amending it suitably. ..... this court observed as follows : so far as we are concerned in this country, we do not have, in our constitution any provision like the ninth amendment nor are we at liberty to apply the test of reasonableness with the freedom with which the judges of the supreme court of america are accustomed to apply 'the due process' clause. 27. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker284
..... this proviso was introduced by the kerala agriculturists debt relief (amendment) act, 1960, (act 2 of 1961). ..... this application was rejected and availing himself of the provision in section 23a of the kerala agriculturists debt relief act, 1958 (hereinafter referred to as the act) an appeal was filed before the additional subordinate judge, trichur. ..... the questions arising for determination in this civil revision petition are three:(a) whether an order passed by the appellate authority functioning under the kerala agriculturists debt relief act, 1958, is revisable by this court? ..... it was also brought to our notice that the bill that gave rise to the amending act was moved early in 1959 and that in anticipation of the provisions in the bill becoming law, several applications must have been moved for setting aside sales held in execution of decree for rent and michavaram and the legislature intended to save only such applications that were pending. ..... when we say 'after the commencement of the act', we naturally mean after 14-7-1958 in view of the retroactive operation given by the legislature to the amending act. ..... before the amendment an application under that section would lie only when an immovable property was sold for the recovery of a 'debt' as denned in the act and this term did not include arrears of rent or michavaram. .....
Tag this Judgment!Court : Delhi
Reported in : 40(1990)DLT113; 1990(18)DRJ55; 1990RLR68
..... the supreme court in that case was concerned with the interpretation of section 2(4) of kerala agriculturists' debt relief act, 1970. ..... immediate possession of premises to accrue to central government and delhi administration employees- (1)where the landlord is a retired employee of the central government or of the delhi administration, and the premises let out by him are required for his own residence, such employee may, within one year from the date of his retirement or within a period of one year from the date of commencement of the delhi rent control (amendment) act, 1988, whichever is later, apply to the controller for recovering the immediate possession of such premises. ..... been killed in action and the premises let out by such member are required for the residence of the family of such member, such person or, as the case may be, the dependent may, within one year from the date of his release or retirement from such armed forces or, as the case may be, the date of death of such member, or within a period of one year from the date of commencement of the delhi rent control (amendment) act, 1988, whichever is later, apply to the controller for recovering the immediate possession of such .....
Tag this Judgment!Court : Kerala
Reported in : AIR1982Ker361
..... such amendment is to be made so as to apply the provisions of the kerala agriculturists' debt relief act to the decree- in the case before us the suit was based upon a promissory note executed by the defendant in favour of the plaintiff in 1971 and when the case came up for trial the defendant withdrew his contentions. ..... the provision in section 7 of the kerala agriculturists' debt relief act, 31 of 1958 relating to amendment of decrees is also similar to the provision to section 8 of act ii of 1970. ..... the question is whether a compromise decree in a suit for money could be reopened for amending the decree under section 8 (2) of the kerala agriculturists' debt relief act, 11 of 1970. ..... state bank of travancore (1969 ker lt 922) had to consider the similar definition of the term 'debt' in section 2 (c) of the kerala agriculturists' debt relief act, 31 of 1958 in the context of a plea that if such a debt incurred prior to the commencement of the act is renewed under a fresh contract the benefit of act 31 of 1958 will not be available to the debtor. ..... it is agreed that in the written statement of the defendant be did not seek the benefit of the kerala agriculturists' debt relief act, 11 of 1970 so much so the withdrawal of his contentions did not involve withdrawal by him of any contention as to the benefit of the act. ..... it is therefore evident that the debt in this case falls within the purview of the kerala agriculturists' debt relief act, 11 of 1970.4. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1978Ker201
..... section 2 (c) of the kerala debt relief act 31 of 1958 denned 'debt' and clauses 1 to 11 of section 2 (c) excluded certain categories from the definition of debt. ..... 28 of 1963 in the sub court of kottayam as decree-holder the judgment-debtor filed a petition under section 8 of the kerala agriculturists' debt relief act 11 of 1970 seeking amendment of the decree in terms of the provisions of the said act. ..... velayudhan pillai (1965 ker lt 674) held that an order refusing to amend a decree under corresponding provision in section 7 of the kerala agriculturists' debt relief act 31 of 1958 was appealable under section 96 of the civil p. c. ..... we have already adverted to the fact that the kerala agriculturists' debt relief act 11 of 1970 does not provide for an appeal against an order under section 8 though there is an enumeration of the orders under some other sections of the act as appealable. ..... that would mean that the debtor is entitled to the benefit of section 5 of the kerala agriculturists debt relief act 11 of 1970, we hold so. ..... the kerala agriculturists' debt relief act 11 of 1970, just as its predecessor, is a measure intended to relieve agriculturist debtors from the rigour of enforcement of their debts. ..... section 21 of the kerala agriculturists' debt relief act 11 of 1970 is the provision concerning appeals. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker198
..... the question then arises what is the court-fee payable on applications under sub-section (3) of section 9 of the act.rule 7 of the kerala agriculturists debt relief rules, 1958, which is still current, runs thus: '7 (1) an application under sub-section (1) of section 9 of tie act by an agriculturist, to reopen any subsisting transaction on the ground that it is really a transaction of debt or to establish that the amount mentioned in the transaction is not the actual amount, shall ..... section 23a provides for appeals, against orders under sub-section (1) or sub-section (3), indicating thereby that the proceedings under the two sub-sections are different from each other, rule 7 (1) of the kerala agriculturists debt relief rules, 1958, deals with applications under sub-section (1) of section 9 and rule 7 (2) deals with ..... 10/- on his application under section 9 (3) of the act, the subordinate judge, trichur, has directed him to amend his application to claim reliefs provided for in section 11 of the act so that the court-fee as provided in sub-section (3) of section 11 ..... that even that amendment ac[ has not in any way affected rule 7 (2) which, by virtue of the henry viii clause in section 24 of the act, has to be deemed part of the act itself. ..... sc 422: 'if on its construction a statute leads to anomalous results, the courts have no option but to give effect to it and leave it to the legislature to amend and alter the law.'6. ..... formal amendment of the application as directed by the court .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker348
..... the contention is based on section 3 (2) of the kerala agriculturists debt relief act, 31 of 1958, as amended by act 2 of 1961. ..... the legal fiction here is that the provisions of the amending act are deemed to have been in the original act from the date of its commencement. ..... the effect of amending act 2 of 1961 in this manner is that by a fiction, the amendment made in 1961 is deemed to have been in the original act from 1958. ..... the debt relief act as it then stood contained no prohibition against the institution of the suit. ..... the position would have been simple but for the provision in section 1 (2) of act 2 of 1961 which provided that the amending act would be deemed to have come into force on the 14th day of july, 1958, i. e. ..... section 3 (2) provides :'where a creditor files a suit for recovery of a debt before the expiry of six months from the commencement of this act or after the agriculturist has paid or deposited the sums and instalments specified in section 4 and, during the period when he is so entitled to pay, the court shall in decreeing the suit direct the plaintiff to bear his own costs and to pay the costs of the defendant who is an agriculturist, except in cases where the claim would have been barred by limitation had no such suit been filed ..... this provision in act 31 of 1958 was deleted by the amending act of 1961. .....
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