Court : Allahabad
Reported in : IV(2007)BC190
..... given as financial assistance, which can be made. 'financial assistance' has been defined under section 2 (e) of the u.p. agricultural credit act as 'assistance given by way of loan, advance, guarantee or otherwise to an agriculturist or cooperativesociety....'. the loans granted by the bank as financial assistance would also be covered within the wide definition of debt under the r.d.b ..... recovered. the tribunals have been set up in regard to the debts due to the banks. the special machinery of a tribunal, which has been constituted as per the preamble of the act, 'for expeditious adjudication and recovery of debts due to banks and financial institutions and for matter connected therewith or incidental thereto' would squarely fall within the ambit of entry ..... . in : air2004bom166 n.k. shah v. joint registrar cooperative societies a full bench of the bombay high court was required to consider the question of primacy between the provisions of the maharashtra cooperative societies act, 1960 a state legislation on the one hand and the r.d.b. act on the other hand. the question referred so far as relevant for our purpose was ..... the conclusion that the two legislations are over a territory, which is common to list 1 as well to list ii the parliamentary legislation would prevail in view of the non obstante clause in article 246(1). the doctrine of occupied field would apply to determine what field has been covered by parliament. where a field of legislation is already occupied .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... day-in and day-out to circumvent the existing laws. the non-agriculturists can hold limited extent of lands as provided under section 63(7) of karnataka land reforms act for the purposes mentioned therein. therefore, the converting authorities should not ..... : air1990sc630 ; chameli singh and ors. v. state of uttar pradesh and anr. : air1996sc1051 ; ramniklal n. bhutta and anr. v. state of maharashtra : air1997sc1236 ; jaipur development authority v. sita ram and ors. : 1scr859 ; kandenkutty and ors. v. state of kerala : 2scr905 ..... , its jurisdiction is confined only to bangalore city area and not beyond that. but, the preamble of bda act states as under:'an act to provide for the establishment of a development authority for the development of the city of bangalore ..... . deprivation specifically referable to acquisition or requisition and not for any and every kind of deprivation. in dwaraka das srinivas of bombay v. solapur spinning and weaving company limited, : 1scr674 , mahajan, j., as he then was, similarly held ..... of eminent domain, when it must be compensated in money afterwards is nothing more or less than a forced loan. money or that which in ordinary use passes as such and which the government may reach by taxation, and ..... c.j., in rex v. legislative committee of the church assembly, (1928)1 kb. 411 : 138 lt 399, read this observation to mean that the duty to act judicially should be an additional requirement existing independently of the 'authority to determine .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1993SC477; Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... ; travancore-cochin) v.k. vishvanatham commission (1961-63) g. kumar pillai commission (1964-66) n.p. damodaran commission (1967-70) maharashtra o.h.b. state committee (1928-30; bombay presidency) b.d. deshmukh committee (1961-64) punjab brish ban committee (1965-66) tamil nadu a.n. sattanathan commission (1969-70) ..... combating, astrology etc. etc.'. their backwardness has been primarily economic or educational. mobility, too, occupational or professional has not been very rigid. an agriculturist or an artisan, a dyer or weaver had the occupational freedom of moving in any direction. consideration for marriage or social customs may be different. ..... in this judgment.no costs.s. ratnavel pandian, j.125. equality of status and of opportunity...' the rubric chiselled in the luminous preamble of our vibrating and pulsating constitution radiates one of the avowed objectives in our sovereign, socialist and secular democratic republic. in every free ..... is beyond half a kilometer for more than 50% of the households.(xi) castes/classes where the number of households having taken consumption loan is at least 25% above the state average.11.24. as the above three groups are not of equal importance for our purpose, ..... to be taken on the recommendations relating to the state and the reasons for the non-acceptance, if any, of any of such recommendations.'clause (10) [clause (3) prior to 65th amendment act] brings in socially and educationally backward classes identified by the government on the basis .....Tag this Judgment!
Court : Gujarat
Reported in : (1984)2GLR1244
..... bombay co-operative societies act, 1925. as contra-distinguished with the act of 1912 which was restricted in its operation to agriculturists, artisans and persons of limited means, the bombay act of 1925 was extended to all the persons having common economic needs irrespective of the needs being limited or otherwise. the preamble to 1925 act ..... right did it relate to. this test held its sway for a considerable time and was again applied for in naresh shridhar mirajkar v. state of maharashtra : 3scr744 bhagwati, j., however, pointed out that the two decisions given by the supreme court prior to mirajkar's case (supra) struck ..... of which the state government has directly or indirectly subscribed or has guaranteed the repayment of the principal and interest on debentures issued or loans raised by such society. two fold amendment has been made in section 80; firstly, by empowering the state government to nominate its representatives ..... mere services in course of which incidental transactions of sales and purchases may take place. in context of such societies, which are non-business or non-trading societies, the validity of such a provision is open to challenge. what types of societies can be said to be mere ..... the learned counsel for the petitioners principally relied on the decision of the house of lords in ormand investment co. ltd. v. betts 1928 a.c. page 143. the observation which has been relied upon by the learned counsel appears in the opinion of lord buckmaster where the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1947Bom471; (1947)49BOMLR281
..... and some others, the latter not including anandibai. in 1915 there was a redemption decree allowing possession to khurjekar and ordering instalments under the dekkhan agriculturists' relief act. that decree was varied as to instalments by the high court in 1917. in 1919 khurjekar filed a darkhast for possession under the decree and ..... revenue code is prima facie evidence of title, though not conclusive and liable to be over-ridden as other evidence may be over-ridden. the preamble to the sanads before us, exhibits 74 and 75, says that the sanads have been granted inter alia 'with a view to assessing the land ..... in khiarajmal v. daim, (1904) l.r. 32 indap 23 decided in 1904, although that ease was not referred to in any of the bombay cases cited above prior to gurunath balwant v. suryakant dhunderao. the important issue in that case was whether a suit for redemption was barred by adverse ..... to be of universal application. this dictum of macleod c.j. has been followed by other high courts, in zinda v. mt. roshnai a.i.r.  lah. 250 and dubraj mahto v. lalji sahai, i.l.r.(1929) pat. 632 and the same principle has been enunciated in binanand v. thuroo mahto ..... to possession he cannot eject the person in possession : contra non valentem agere non currit preescriptio. a claim, not divulged or communicated or manifested by overt acts affecting existing rights, gives no apparent cause of action, and no article of the limitation act appears to apply before a right to sue accrues.he pointed .....Tag this Judgment!
Court : Andhra Pradesh
..... consistently producing cotton in his fields; as the chairman of single window he had sanctioned loans to agriculturists cultivating cotton; as a director of the dccb bank he was instrumental in disbursing loans to agriculturists, especially farmers cultivating cotton; he had taken active part in various programmes relating to ..... village industries". brings within its fold 'cottage industries' as is referred to in article 43 of the constitution of india.42. the preamble of the constitution promises socio-economic justice, the fundamental rights confer certain justiciable socio-economic rights and the directive principles fix the socio-economic ..... , on introducing 20 lakh charkas (spinning wheels) into indian households - all this before 30 june, 1921'. in its meeting at bombay on 28th july 1921 the all-india congress committee sent detailed instructions to all congress organizations asking them to concentrate their attention upon manufacture ..... chairman and another member as the vice-chairman.14. the condition stipulated in section 3(2)(i) of the act, for appointment of persons as non-official members of the board, is that the government should ascertain and ensure that they have shown active interest in ..... 184 27) air1960s.c. 610 28) air1960sc67529) (1994) 6 scc205: air1994sc266330) 2003 crl.l.j.949 cal. h.c. (db) 31) (1883) 9 ac6132) (1928-29) 41 clr56933) air1969sc78334) (1985) 1 scc34535) (2004) 6 scc18636) 1951 ac73737) (1970) 2 all.e.r29438) 1971 (1) wlr106239) 1972 (2) wlr53740) .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; Supp1SCR146
..... para 11 of the report..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 their sole benefit. this basic assumption is not well ..... sale transactions of sugarcane atleast after 1981 as per section 3(1) of the market act. the preamble of the sugarcane act shows that amongst others it is enacted to regulate the production, supply and distribution of sugarcane ..... 1880 of 1988. the appellant in this appeal is an incorporated company with its registered office and factory at bombay. it claims to produce baby food under the trade names 'lactodex' and 'raptakos' s.i.f. ( ..... shall not make any other deductions from the price of cane except the deduction on account of any loan advanced by him, or on his guarantee or otherwise advanced by a bank or other institutions under section ..... as defined by section 2(1), as already noted earlier, would include all agricultural produce whether processed, non-processed or manufactured out of any primary agricultural produce. wheat is a produce of agriculture, therefore, any ..... act emphasised the necessity of such enactment with a view to protect the producers of commercial crops from being exploited by the middlemen and profiteers and to enable them to secure a fair return for their produce. the learned judge referred to, with approval, the following recommendations of royal commission on agriculture in india appointed in 1928 .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1966Bom194; (1966)68BOMLR295; 1966MhLJ289
..... now of maharashtra called western maharashtra. this legislation was the bombay tenancy and agricultural land act, 1948, which was operatives of in western maharashtra and the hyderabad tenancy of agricultural land act which was in force the marathwada district merged in the bi - lingual state bombay as a result of the reorganization of the state in 1956. one of the objects of state in the preamble of ..... estate in the reservation of the manorial rights'.the learned author thereafter gives a comparison of the rights and liabilities of an occupant under the berar land revenue code of 1928. rights include , right in the as he improvement [section 57]  rights to divert his land after notice [section 58],  rights to relinquish his occupancy  ..... and to dwelling houses and lands appurtenant thereto the sites used for allied pursuits belonging to or occupied by agriculturists, agricultural labour, artisans and persons carrying on allied pursuits in the vidarbha region and the kutch area of the state of the bombay and to provide for the assumption of management of agricultural lands insertion circumstances and to make provisions of ..... (2) all the person who prior, to the commencement of this law, agricultural land under the style of 'occupant' or have been granted or have held rights in unlamented non - agricultural land under the style of 'occupant' or under leases which entitled them to hold in perpetuity, shall be deemed to be occupants within the meaning of this section, to .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1968Bom400; (1967)69BOMLR808; 1968CriLJ1584
..... (1965) 2 all er 448 relied upon by mr. jethmalani. the government had introduced a system of subsidy for the use of lime by agriculturists. indictment on twenty-five counts was directed to alleged frauds by g, a supplier of lime, b, his book-keeper and various individual farmers, ..... if the matters had stood thus, probably, mr. mehta may have been right. but matters do not rest here. the foreign exchange regulation act, 1947, as the preamble shows, was intended to regulate, among other things, import and export of currency and bullion. the relevant sections do not lay down any ..... conspiracy into several conspiracies'.while considering the question at the committal stage the supreme court considered the question again in natwarlal mody v. state of bombay (1963) 65 bom lr 660 (sc) the conspiracy therein charged of the board of directors of colaba hand mills company ltd in 1949 ..... much parts of a single undertaking or enterprise, as two salesman in the same shop. we think, therefore, that there was only one conspiracy...........'.in (1928) 21 cr. au. rep. 94, the charge of the defendants to corrupt the police. each of the defendants operated a night club in london. ..... witnesses and prosecute the others. he complains that the magistrate was bound to issue process against them under s. 204 of the criminal procedure code. the non-prosecution of these witnesses has resulted in violation of the constitutional guarantee of equality under article 14. he further contended that the evidence of these .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1997)116PLR7
..... were passed at the behest of the respondent no. 3 shows that the public property acquired by the huda from agriculturists and others was treated as a private property of hon'ble the chief minister. these allotments have left an indelible ..... or permit unfairness or unreasonableness in state actions in any sphere of its activity contrary to the professed ideals in the preamble. in our opinion, it would be alien to the constitutional scheme to accept the argument of exclusion of art. ..... for and was allotted a plot in urban estate panchkula. in their application, both these actresses have given their addresses of bombay.56. the abovementioned facts show that the allotment of plots measuring 10 marlas to 2 kanals have been made in favour ..... the same statute of the clear intention of it requires that to be done.'in green v. premier glynrhon-ay slate co., (1928)1 kb 561, scrutton, l.j. stated :-' you do sometimes read 'or' as 'and' in a statute. but, ..... people cannot be termed as unjustified.29. we have thoughtfully considered the rival submissions. the legislature of haryana enacted the act to provide for the establishment of an urban development authority for undertaking urban development in the state and for matters ancillary ..... the government to make nominations under the unconstitutional and illegal policy/instructions/guidelines and, therefore, the petitioners could not be non-suited on the ground that they did not have standing to challenge the nominations made by the state government. 26. .....Tag this Judgment!