Court : Delhi
Reported in : AIR1983Delhi367; (1983)37CTR(Del)97; 23(1983)DLT467; 1983(5)DRJ161; [1983]143ITR607(Delhi); 1983RLR401
..... 35 of the punjab relief of indebtedness act, 1934, as amended by punjab amendment act xii of 1940, and punjab amendment act vi of 1942, as extended to the state of delhi, stands repealed after the passing of the amendment act, 104 of 1976, amending the code, especially in the light of s ..... wazir singh was that as clause (ccc) was brought in by the punjab relief of indebtedness act, 1934, it would be available only in proceedings under the 1934 act, as amended. ..... one such was the punjab relief of indebtedness act, 1934. ..... the petitioners have, however, pleaded that notwithstanding the amending act of 1976, the provisions of the punjab relief of indebtedness act continue to be operative in delhi, and their main residential house is exempt from attachment and sale under clause (ccc) of the proviso to s ..... thus, so far as the union territory of delhi is concerned, the extension of the relevant provisions of the punjab relief of indebtedness act are unaffected by s ..... 97 of the amending act had the effect of repealing the introduction of the punjab relief of indebtedness act in delhi, and thereforee, cannot any longer be treated as ..... the position being as such and the punjab relief of indebtedness act being still operative in delhi, i, agreeing with my learned brother, do not see any escape from the conclusion that the main residential house of a judgment-debtor or an assessed which is occupied by him, is exempt from being proceeded against in execution of a simple money decree or an income-tax .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi291; ILR1981Delhi759
..... that question is whether the principle of damdupat as enacted in section 30 of the punjab relief of indebtedness act, 1934 (the act) as extended to delhi applies to this suit. ..... the supreme court said : 'section 7 of the punjab relief of indebtedness act, 1934, defines a 'debt' as inclusive of 'all liabilities of a debtor in cash or kind, secured or unsecured, payable under a decree of order of a civil court or otherwise, whether mature or not.................... ..... nor do we agree with counsel for the mortgagee that the benefit: of section 30 of the punjab relief of indebtedness act is available only to the original mortgagor and not to his representatives.' (p. ..... that was the question: 'whether it is open to the legal representatives of a debtor to invoke the help of section 30 of punjab relief of indebtedness act in a suit for possession by redemption? ..... banking company registered under the indian companies act, 1913, prior to the first day of april, 1937, or any bank included in the second schedule to the reserve bank of india act 1934, other than debts transferred to such societies, banks or banking companies during the pendency of an application under section 9 in which such debts could be taken into consideration for the purposes of this act, or debts transferred to such societies, banks or banking companies on or after the 2nd day of september, 1938, if in the opinion of the board such transfer .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1969)3SCC588; [1970]3SCR213
..... three questions are raised in these appeals:(1) that section 30 of the punjab relief of indebtedness act, 1934 has no application, because--(a) there is no debt due; and(b) that a legal representative of the original mortgagor cannot obtain the benefit of section 30;(2) that the judgment of the division bench is inconsistent with the finding on the second question recorded by the full bench; and(3) that the amount declared as due under the preliminary decree in the earlier suit was for the purposes of section 30 of the punjab relief of indebtedness act the 'amount actually advanced'.8. ..... 62,293/11/9 were due operated as res judicata; and that the present action not being one for recovery of a loan, the rule of damdupat incorporated in section 30 of the punjab relief of indebtedness act, 1934 had no application; but section 2 of the usurious loans act, 1918, as amended by the east punjab act 4 of 1948 applied. ..... the representatives of ladhia then instituted an action in the court of the senior subordinate judge, hissar, for redemption of the non-agricultural properties, and claimed an account under section 30 of the punjab relief of indebtedness act, 1934, and also of usurious loans act, 1918, as amended by the east punjab amendment act 4 of 1948. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H53
..... . in (1957) 59 pun lr 325: (air 1957 punj 293), has also held that the object of section 35 of the punjab relief of indebtedness act, 1934, which amended section 60(1) of the code of civil procedure, appeared to be to leave every debtor in possession of one residential house for his habitation, though the act was a measure which was designed in the main to relieve agricultural indebtedness in the punjab on the lines of similar steps taken by provincial legislatures in other parts of india ..... . the statement of objects and reasons of the punjab relief of indebtedness act, 1934, as given in pages 230-240 of the punjab gazette, 1934, extraordinary, indicated that on account of the sharp fall in the prices of agricultural produce the government was concerned to give relief to the agriculturist debtors and by section 35 the words 'occupied by him' in section 60(1)(c) of the code were substituted by 'not let out on rent or lent to others or left vacant for a period of a year or more' ..... . this sub-section was introduced in the code of civil procedure by section 35 of the punjab relief of indebtedness act, 1934 (act 7 of 1934) ..... .' so far as punjab is concerned, however, various amendments have been made to section 60 and the one with which we are directly concerned is that by section 35 of the punjab relief of indebtedness act, 1934 (act no .....
Tag this Judgment!Court : Delhi
Reported in : 20(1981)DLT116; 1981(2)DRJ166
..... learned counsel for the appellant submits that there is no specific provision under the act for deposit of rent for more than one month, and thereforee all deposits made by the appelliant should be treated as payment under section 31 of the punjab relief of indebtedness act, 1934.is argument is that the appellant-tenant is a person who owes money and the landlord is a creditor within the meaning of section 31 of the punjab relief of indebtedness act, 1934. ..... it is also observed therein that a tenant fully answers the description of the opening words of section 31 of the punjab relief of indebtedness act, 1934 which are to the effect 'any person who owes money'. ..... the same is the position with respect to the deposits made under section 31 of the punjab relief of indebtedness act, 1934. ..... the appellant tenant, i may clarify, is entitled to deposit rent under section 31 of the punjab relief of indebtedness act, 1934 in the civil court to protect himself against eviction. ..... section 31 of the punjab relief of indebtedness act, 1934 has been worded in the widest possible term. ..... section 31 of the punjab relief of indebtedness act, 1934 reads as under: 's.31 : deposit in court : (1) any person who owes money may at any time deposit in court a sum of money in full or part payment to his creditor. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2002P& H108
..... in view of the provisions of section 3(2)(c) of the usurious loans act, 1918, as amended by the and punjab relief of indebtedness act, 1934, the rate of interest could not be more than seven and a half per cent per annum simple and in view of section 30 of the punjab relief of indebtedness act, 1934, the plaintiff could not recover more than double the amount advanced i.e. rs. ..... 58 or 113 are not applicable, (iii) provisions of usurious loans act, 1918, (as amended by the punjab relief of indebtedness act, 1934,) did not apply and, therefore, the terms of the mortgage were covered by the contract between the patties and were not open to alteration by the court.5. ..... 1 and 9 annas % per month on rest of the amount were hit by provisions of usurious loans act, 1918, and punjab relief of indebtedness act, 1934, and further whether such provisions were in the nature of clog on equity of redemption and on that account were liable to be modified:(iii) whether the court could require, in its discretion that the procedure for foreclosure may be followed before the declaration of title in favour of a mortgagee can be granted if it appears the court to be necessary to do so having regard to the facts of the case.2. ..... in my view, the terms of the mortgage are hit by the provisions of usurious loans act, 1918, and punjab relief of indebtedness act, 1934. .....
Tag this Judgment!Court : Delhi
Reported in : 1994IAD(Delhi)514; AIR1994Delhi200; 1994(28)DRJ380
..... my view, in view of section 7 of the punjab relief of indebtedness act, 1934, the transaction between parties to the suit was not a debt within the meaning of punjab relief of indebtedness act, 1934, being a debt in connection with trade, and trade in this case was trade in auto spares, the business being carried on by m/s federal auto store ..... to section 7 of the punjab relief of indebtedness act, 1934, the word 'debt' in that act does not include debts incurred for the purposes of trade. ..... also called in aid by the counsel for defendant is punjab relief of indebtedness act; 1934, which has applies to ..... of dam dupat applies or punjab relief of indebtedness act, 1934 applies to the instant case. ..... any case, it has kept in view that the person who is claiming the return of the amount of loan is the widow of an ex-partner, who had given money to a trading concern and according to the accounting procedure adopted by that partnership, after demise of the husband, the sole proprietor of federal auto store, defendant ..... (13) according to the method which has been adopted by the defendant for the purposes of keeping accounts, the defendant no.1 has been, on its own, adding the interest not paid on the amount of loan to the credit of the loan account of rukmani devi from ..... in this confirmatory letter, it is also confirmed that interest was payable at the rate of 15% for the period 01.04.1982 to 31.03.1983 totalling rs.l4,594.50p.this interest is to be added to be balance confirmed, making up a total .....
Tag this Judgment!Court : Delhi
Reported in : 159(2009)DLT551
..... for the month of march, 2004 to june, 2004, rent was tendered by way of money order but respondent/landlord avoided to accept the same as such petitioner deposited the rent for the period from 1st march, 2004 to 31st july, 2004 by filing a petition under section 31 of the punjab relief of indebtedness act, 1934 (hereinafter referred to as 'the punjab act') before senior civil judge, delhi ..... it is also admitted position that thereafter for the period 1.3.2004 to 31.7.2004 petitioner deposited the rent before the senior civil judge, delhi under the punjab relief of indebtedness act, 1934 and not under the provisions of drc act. ..... it is contended that judgment of atma ram is a subsequent judgment delivered on 30.8.2005 and deposits made after 30.8.2005 under the punjab relief of indebtedness act, 1934 is not a valid deposit in view of above judgment. ..... the question which arises for consideration is whether the deposit of rent under the punjab relief of indebtedness act can be construed to be a valid deposit under the drc act.10 ..... sumitra devi had held the field wherein it is held that deposit made by the tenant under section 31 of the punjab relief of indebtedness act is a valid deposit. ..... it is further contended that when deposit was made under punjab relief of indebtedness act, 1934, decision of ld. ..... for the petitioner/tenant has contended that rent for the period from 1st march, 2004 to 31st july, 2004 was deposited under section 31 of punjab relief of indebtedness act before the ld. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1709; (1981)83PLR1; (1980)4SCC276; [1981]1SCR476
..... the suit was resisted by the appellant mainly on the ground that he was not in arrears as he had deposited the entire rent due in the court of senior sub judge, ludhiana under section 31 of the punjab relief of indebtedness act, 1934 (hereinafter referred to as the 'indebtedness act'). ..... it may well be that the landlord is not inclined to accept that payment but it is for that very purpose that the provision, namely, section 31 of the punjab relief of indebtedness act, has been enacted..the language of section 31 itself is clear that the person who owes money can deposit the same in court in full or part payment to his, creditor. ..... i would therefore hold that a deposit made under section 31 of the punjab relief of indebtedness act in respect of any arrears of rent must be taken in law to be at least a valid tender of such arrears. ..... , examined some of the provisions of the indebtedness act and held that the act was not intended to operate between landlords and tenants nor was the court of senior sub-judge a clearing house for rent so as to convert it into a court of rent collector and speaking for the court observed thus :-the act is not intended to operate between landlords and tenants; nor is the court of the senior sub-judge created into a clearing house for rent.... ..... the main object of the indebtedness act appears to be to give relief to debtors and protect them from paying excessive rates of interest. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H566
..... the one and only question which arises for decision in the present case is whether it is open to the legal representative of a debtor to invoke the help of section 30 of the punjab relief of indebtedness act, 1934.2. ..... the punjab relief of indebtedness act, 1934, was enacted with the object of protecting borrowers whose needs or adversities compel them to borrow money against the oppressive exactions of money-lenders which often they are powerless to resist. ..... section 30 of the punjab relief of indebtedness act, 1934, is in the following terms:'30. ..... 135/-.the civil court applied the provisions of section 30 of the relief of indebtedness act, granted a preliminary decree in favour of the plaintiff and directed the mortgagee to redeem the property on payment of a sum of rs. ..... pandit, who appears for the mortgagee, contends that the rule of damdupat propounded by section 30 represented above was intended for the benefit of the original debtor and not for the benefit of his legal representatives, for the expression 'debt' as defined in the act of 1934 includes all liabilities of a debtor in cash or in kind and the expression 'debtor' as defined in the said act means a person who owes a debt. ..... in this case a question arose whether a legal representative of a debtor could apply to a conciliation board under the provisions of section 9 of the act of 1934. .....
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