Court : Mumbai
..... the land improvement loan act, 1883, the agriculturists loans act, 1884, or the bombay non-agriculturists loans act, 1928 or in favour of a co-operative society or the state bank of india constituted under section 3 of the state bank of india act, 1955, or a corresponding new bank within the meaning of clause (d) of section 2 of the banking companies (acquisition and transfer of undertakings) act, 1970, or the maharashtra state financial corporation ..... collector's decision taken in respect of the matters covered by section 270 of the code. we are not concerned with sections 272 to 275, which are incidental provisions. then comes section 276, which enumerates the powers of the state government to make grant of lands free of revenue. then, the chapter contains the heading "bombay city survey and boundary marks" and provisions in relation thereto ..... the provisions of this code and the rules and orders made thereunder and to undertake to cultivate the land personally, so, however, that the total land held by such tribal, whether as owner or tenant, does not exceed an economic holding within the meaning of sub-section (6) of section 36a. (4) notwithstanding anything contained in sub-section (1) or in any other provisions of .....Tag this Judgment!
Court : Gujarat
Reported in : (2008)3GLR2049; 2008GLH(1)298
..... section (1), it shall be lawful for such tenant or a person to mortgage or create a charge on his interests in the land in favour of the state government in consideration of a loan advanced to him by the state government under the land improvement loans act, 1983, the agriculturists' loans act, 1984, or the bombay non-agriculturists' loans act, 1928 ..... , as in force in the state of gujarat, or in favour of a bank or co-operative society, and without prejudice to any other remedy open to the state government, bank or co-operative society, as the case may be, in the event of his making ..... 992 and also on the recent judgment of the hon'ble supreme court in the matter between pune municipal corporation v. state of maharashtra reported in 2007 (3) glr 2610. mr. patel, learned advocate, further, submitted that almost 9 years delay in initiation of the ..... such fixed period of limitation is prescribed by the legislature for mamlatdar to exercise suo motu power or otherwise under section 84c. therefore, the latter observation of the tribunal in para 6 will have to be read in light of the facts of the case. when so read ..... or agricultural land if made in contravention of any provision of the act can be declared invalid in view of section 83a of the act and the necessary proceedings can be initiated under section 84c thereof. in its ruling in the case of bhaniben makanbhai tandel v. state of gujarat .....Tag this Judgment!
Court : Mumbai
Reported in : 2003(4)ALLMR283; 2003(5)BomCR389; 2003(2)MhLj790
..... make effective recovery of the loans granted by them and therefore, the non-performing assets, had increased to staggering proportion. i am informed at the bar that by 1996, the state of maharashtra refused to give a guarantee of the principal and interest on the debentures which could be issued under section 114 of the act ..... original order on merits, then such a statute would be construed as excluding the audi alterant partem rule at the pre-decisional stage. conversely, if the statute conferring the power is silent with regard to the giving of a pre-decisional hearing to the person affected and the ..... 1919, cooperation became a transferred subject and came under the purview of the provincial governments. the province of bombay took the lead and in 1925, the bombay co-operative societies act, 1925 was passed which was amended to inter alia allow the state government to extend financial assistance to societies ..... into such better financial shape where the state government could be persuaded to revive guarantees and nabard could be persuaded to resume refinancing.6. it, appears that the 1998 balance sheet of the agricultural and rural development bank reflected this sorry picture and on the basis ..... of the said act.3. as the possible fall of one more bastion of old style commerce is under consideration, the history of its building and collapse would bear scrutiny.4. the problem of reducing indebtedness and of bringing credit facilities within the reach of agriculturists on reasonable .....Tag this Judgment!
Court : Mumbai
Reported in : 1988(1)BomCR562; 1988MhLJ469
..... said act cannot make certain transfers without previous sanction of the collector, which sanction is to be accorded in the circumstances specified by rule 31-a of the bombay tenancy and agricultural lands (vidarbha region) rules, 1959 (the rules). we extract the relevant provisions :section 57. (1) no land purchased by a tenant under section 41 ..... turns on the absence of the words, 'interest in the property' in section 57, as transfer of some interest in the property is implied in every mortgage. section 89 of the tenancy act creates a bar against transfer of land to non-agriculturists. sub-section (1)(a) deals with sale, gift, exchange or lease of any ..... cultivate the land but also not derive profits out of transfer of land. it is possible to earn profit even by simple mortgage. heavy loan on the basis of its market value can be taken and property allowed to be sold by the mortgagee and there by the object of ..... invited to the case shree vyankatesh housing society v. ramchandra, 1986 maharashtra law journal 421 which takes a view that the original land owner has no locus standi in the matter of proceedings for sanction by collector under section 57 as he does not have any subsisting interest in the land. ..... do not even make a whisper about that expression. after some debate that point is not even pressed. though validity of section 57 is questioned in the appeal due to which notice to the advocate general was issued the said point was also given up at the stage of hearing.6. letters patent .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (2007)111TTJ(Pune.)310
..... land for non agricultural use? 11. whether permission under section 63 of the bombay tenancy and agricultural lands act, 1948, was obtained because the sale or intended sale was in favour of a non agriculturist? if so, whether the sale or intended sale to such non agriculturists was for non agricultural or agricultural user? 13. whether an agriculturist would purchase ..... the assessee in earlier years, it was clarified by the assessee that as agricultural income was very small and inclusion of the same could not make any difference to the tax liability, agricultural income was not disclosed in the return of income filed by the assessee in the earlier years. it ..... . the price realized by him on sale of land is only because of the reason that regional town planning department, government of maharashtra has issued a map dt 18-8-92 certifying that the said land/s are located in industrial zone designated by govt. of ..... as under.the assessee is an individual. for the assessment year under consideration, the original assessment was completed under section 143(3) on 28.3.96 on a total income of rs. 6,94,140/-. during the previous year relevant to the assessment year under consideration, the assessee had sold land situated ..... the lands have been actually put to use for agricultural purpose, is not acceptable. ii) the land in question have been purchased on 2-6-1984 and since that the date till the date of sale the lands were used for agricultural purpose only. this long period of more than seven .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1977SC1825; (1977)79BOMLR553; 1977MHLJ205(SC); (1977)2SCC670; 2SCR828
..... -powered committee appointed by the government of maharashtra to make recommendations for the relief of rural and urban indebtedness. the study is at once revealing and grim. rural artisans, industrial workers, marginal farmers and indigent agriculturists have been steeped in debt despite statutory measures and ineffective credit institutions. these human areas have been the happy hunting ground of money-lenders. the bombay money-lenders' act ..... may be returned to the debtor in the event of the verdict going in his favour. 50. the negation of a right of appeal against an order under section 7(6) of the debt act is another circumstance, shri nariman has pressed before us. he cited other debt relief measures where a single appeal had been provided for. does the absence of ..... , for example, banthia's ease : 1scr479 . several sections of the act, some rules and a few rulings were read before us to drive home the point that gold loans are already within the ken of the law made under entry 52, list i. if so, what? does it spell death sentence on the debt act? or maim it? or leave it intact? 57. here ..... bedrock of a contented and united society. social disorder is the bete noire of commerce and trade. all this is non-controversial ground but the learned attorney general contests the very applicability of article 301 to money-lenders and money-lending vis-a-vis the humble beneficiaries of the statute, viz., the marginal farmers, rural artisans, rural labourers, workers and small farmers. .....Tag this Judgment!
Court : Mumbai
Reported in : 1996(2)BomCR703
..... this court, with reference to the provisions of section 63 of the bombay tenancy and agricultural lands act, 1948, did held as under :--'12. the terms of section 63 speak of sale being invalid and permission being granted by the collector. though it does not say in so many terms that permission in case of a non-agriculturist and person not an agricultural labourer must be ..... the defendant avoided to execute the sale-deed?(5) whether the defendant borrowed rs. 1200/- from plaintiff's father and executed an agreement of sale as a security to the loan amount which was nominal and never to be acted upon?(6) whether the defendant had repaid rs. 1500/- to the plaintiff, but the plaintiff refused to hand over the same dated 27 ..... is prepared to bid at such sale'. therefore, under rule 36, the collector will grant permission if he is satisfied in the case of a court sale in execution of a decree of a civil court, that no agricultural labourer or an agriculturist holding land less than the ceiling area, is prepared to make any each bid. that is the only condition which ..... who being an agriculturist will, after such sale, gift, exchange, lease or mortgage, hold land as tenure-holder or tenant or partly as tenure-holder and partly as tenant exceeding two-thirds of the ceiling area determined under the maharashtra agricultural lands (ceiling on holdings) act, 1961, or who is not an agricultural labourer :provided that the collector or an officer authorised by .....Tag this Judgment!
Court : Mumbai
Reported in : 1997(4)ALLMR321; 1998(1)BomCR258; 1997(3)MhLj215
..... the course of his submission, shri sali relied upon number of provisions of the bombay co-operative societies act, 1925, maharashtra co-operative societies act, 1960, bombay tenancy & agricultural lands act, 1948 and bombay tenancy & agricultural lands rules, 1956. further, he has supported his submissions by unreported decision of this court ..... by and between the parties and that would be perfectly valid. thus, after construing section 63 of the tenancy act and the rules framed thereunder, rule 36 and proviso thereto, would make it clear that prior permission is not at all necessary and, therefore, the authorities ..... a person who is not an agriculturist (or who being an agriculturist (will after such sale, gift exchange, lease or mortgage, hold land exceeding two-thirds of the ceiling area determined under the maharashtra agricultural lands (ceiling on holding) act, 1961 or who is not an ..... co-operative society as security for the loan advanced by such society (or any transfer declared to be a mortgage by a court under section 24 of the bombay agricultural debtors' relief act, 1947.' the question of application of section 64 does not arise in the ..... 6 acres was previously under cultivation and crops like shalu etc. were grown, from the year 1964-65, the entire land appears to have been left fallow. respondent no. 2 agreed to sell 8 acres of land from survey no. 109 in favour of the petitioner and, therefore, made an application to the collector of pune, for grant of permission for non .....Tag this Judgment!
Court : Allahabad
Reported in : IV(2007)BC190
..... section 19(ii) and section 529a companies act and that the company court cannot use powers under sections 442, 446 and 537 companies act to stay the proceedings.10. 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 ..... 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 ..... nor the counsel for the respondent has questioned the competence of the parliament or of the state legislature in making the two enactments. the well-settled rule of interpretation of constitutional entries is to give them the widest meaning that is reasonably possible. it is clear ..... 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 ..... is not necessary to examine the ases on the question of repugnancy.18. sri g.n. verma, learned senior counsel for respondent no. 6 assisted by ms. madhu tandon placed reliance upon : air2005ker141 state of kerala and ors. v. rajmohan cashew pvt. ltd., kollam and .....Tag this Judgment!
Court : Mumbai
Reported in : 2008CriLJ2955
..... nor, it is a matter of presumption under section 139 of the n.i. act. even if such legal presumption is to be raised, then also non-examination of the accused or his failure to adduce ..... to explain as to how he was a successful agriculturist to overcome the difficulties and could have raised such huge amount from his agricultural sources.(vi) the explanation given by the petitioner regarding theft of ..... also, various cases are referred on behalf of the revisionist, including (i) kundan lal rallaram v. custodian, evacuee property, bombay air 1961 s.c. 1316(ii) goa handicrafts, rural & small scale industries development corporation ltd. v. samudra ropes pvt ..... ) the version of pw santoshkumar is blank as regards source of his knowledge in respect of the loan transaction and details thereof; (v) deceased complainant was dealing in kirana business which had to be ..... not imperative. in a case of this nature, where the chances of false implication cannot be ruled out, the background fact and the conduct of the parties together with their legal requirements are required ..... the complaint. therefore, his version hardly makes head or tail in relation to the fact situation in respect of the transaction. 19. mr. deshpande, seeks to rely on ' state of maharashtra v. jagmohan singh kuldip singh anand and ..... powers. the learned advocates for both the sides agree to this legal position. needless to say, the error in this behalf can be rectified even by suo motu exercise of the revisional jurisdiction under section .....Tag this Judgment!