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Judgment Search Results Home > Cases Phrase: bombay non agriculturists loans act 1928 maharashtra section 6 power to make rules Court: andhra pradesh Page 1 of about 39 results (0.343 seconds)

Nov 02 2007 (HC)

Kapu China Veerabhadra Rao S/O K. Yellaji Rao Vs. Authorised Officer, ...

Court : Andhra Pradesh

Reported in : 2008(1)ALD754; III(2008)BC474

..... by filing an application under section-22 of the drt act, which was totally misconceived and impermissible in law. section 22 of the drt act only deals with the procedure and powers of the tribunal and the ..... property was upheld. also see pathumma v. state of kerala : [1978]2scr537 ; fatehchand himmatlal v. state of maharashtra : [1977]2scr828 and ramdhandas v. state of punjab : (1961)iillj102sc .it is well known that in different states ..... danavaipeta, rajahmundry. the second respondent, who is one among the six borrowers of the loan, is presently residing and enjoying the above said property and also the income derived out of the ..... agriculturists as a class, by scaling down their debts. the validity of the act was upheld though it affected the individual interest of creditors. in dahya lala v. rasul mohd. abdul rahim : [1963]3scr1 , the tenants under the provisions of the bombay tenancy act ..... the present writ petition and the interim orders passed therein.11. in the counter at para-6, the contention of the petitioner that he is a tenant of second respondent under an agreement ..... in para 11 of the decision that:.the first appellate court exercising power to dismiss the appeals summarily ought to pass a speaking order making it precise that it did go into the pleas - of fact ..... writ proceedings rules framed by this court. certain specific considerations to be noted in the matter of grant or otherwise of an interim order sought for by the petitioner, the basic being non-expression of .....

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Apr 04 2003 (HC)

Nannapaneni Venkata Rao Co-operative Sugars Limited Vs. State Bank of ...

Court : Andhra Pradesh

Reported in : 2003(6)ALD307; 2003(6)ALT199; II(2004)BC512; [2004]118CompCas707(AP); [2004]51SCL754(AP)

..... the part of the banks to charge interest at the rates specified under section 21(2)(e) is made punishable under section 46(4) of the banking regulation act, 1949. the primary object of the usurious loans act is to confer a power on court to afford relief to a debtor, if the court has reason ..... it is bound to honour agreement in between the bank and the customers. 16. the learned counsel relies on the decision of the bombay high court reported in bank of maharashtra v. united construction company, : air1985bom432 , wherein it was held that the circular issued by the reserve bank of india govern ..... issue shares mainly to the farmers for its capital requirement for expansion of the sugar factory. as most of the prospective share buyers are the agriculturists, who are to produce the sugarcane and supply the same to the factory and since they are not having sufficient money to pay the share ..... 'interest'. penal interest is an extraordinary liability incurred by a debtor on account of his being a wrongdoer by having committed the wrong of not making the payment when it should have been made, in favour of the person wronged and it is neither related with nor limited to the damages ..... bear the cost of the legal opinion fees as also the cost of the hypothecation agreement which will be stamped with a non-judicial stamp of value of rs. 5/- 6. please acknowledge receipt and arrange accordingly. supply of suitable number of additional application forms will be arranged to meet your requirements .....

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Apr 23 2004 (HC)

Vallabhaneni Lakshmana Swamy and anr. Vs. Valluru Basavaiah and ors.

Court : Andhra Pradesh

Reported in : 2004(5)ALD807; 2004(5)ALT755

..... following questions were referred by the supreme court to the high court of bombay:'(1) whether rule 17 of the employees' state insurance rules is ultra vires the rule making power of the state government under section 96(1) of the employees state insurance act?(2) if yes, what, if any, limitation applies to applications filed by ..... clear intendment, takes in every pending matters.50. in hitendra vishnu thakur v. state of maharashtra, : 1995crilj517 , the supreme court evolved certain principles for determination as to when the amendment act operates retrospectively. the supreme court observed thus:'the illustrative though not exhaustive, principles which emerge with ..... effect the vested right or to impose new burdens to impair existing obligations. it is said that nova constitutio futuris formam imponere debet non praeteritis. in the words of lord blanesburg, the provisions which touch a right in existence at the passing of the statute are ..... goes into effect, there is no scope for granting it afterwards. there is modification of this position by application of section 6 of the general clauses act or by making special provisions. operation of repeal or deletion as to the future and the past largely depends on the savings applicable ..... shankar dayal, ilr 50 all. 965 = air 1928 all. 437 (fb), the suit for rent was filed on july 12, 1926, when north western provinces tenancy act, 1901 (u.p. act ii of 1901) was in force. section 177 of the act gave right of appeal from the decision of the .....

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Mar 05 1990 (HC)

Sri Konaseema Co-operative Central Bank Ltd., Amalapuram and Another V ...

Court : Andhra Pradesh

Reported in : [1991]72CompCas588(AP)

..... made in exercise of the power conferred by section 298 of the u.p. municipalities act, 1916. section 296 of the act empowered the provincial government to make rules; section 297 empowered the municipal board to frame regulations, and section 298 empowered the municipal board ..... : [1984]1scr767 . it was held (at pp. 198-199 of air):'section 73-b (of maharashtra co-operative societies act) provides a legislative mandate. rule 61 has a status of subsidiary legislation or delegated legislation. bye-law of a ..... of the appellant-bank are actually confined to its members only. the appellant would not advance loan to a non-member-whoever he is. the appellant-bank's main object is to raise funds to finance its ..... singh air 1977 sc 1717; bihar e.g.f. co-operative society v. sipahi singh : [1978]1scr375 lekhraj v. deputy custodian, bombay : [1966]1scr120 ; har shankar v. deputy e & t commissioner. : [1975]3scr254 , and finally l.i.c. of ..... functions, it would be a relevant factor in classifying the corporation as an instrumentality or agency of government.(6) 'specifically, if a department of government is transferred to a corporation, it would be a strong ..... make deposits with it. it is this amount, coupled with the rural credit provided by the central agencies, that is provided to its members. the main function of this bank we are told is to provide credit out of its funds to agricultural credit societies which, in turn, provide the same to their members. the state provides credits to agriculturists .....

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Oct 16 1985 (HC)

State Bank of India, Eluru

Court : Andhra Pradesh

Reported in : [1988]63CompCas210(AP)

..... loans to agriculturists, if compound interest is charged, the court shall presume that the interest is excessive. it would be noted that even the above amendments do not make the power of reopening turn upon excessive rate of interest. the power of reopening a loan transaction can be exercised under the amended usurious loans act ..... of the madras high court in nagarathnam v. seshaiah, air 1939 mad 361. 32. our supreme court in fatehchand himmatlal v. state of maharashtra, : [1977]2scr828 , categorically declared that money- lending and debt liquidation are within the state's legislative competence. it said (at page ..... p. agriculturists relief act are not the same as those under section 21a of the banking regulation act. the a. p. agriculturists relief act is more like the frazier and lemka act of the famous american new deal administration or the rule in roman law prohibiting 'anatocism' or the american rule that ..... will be the problem of rural indebtedness. the total rural indebtedness was estimated by the central banking inquiry committee, in the year 1928, at about 900 crores of rupees. subsequent estimates have, however, put the figure at a much higher level. the estimates, ..... of compound interest against an agriculturist. (3) under the provisions of the usurious loans act of 1918, as amended by the madras amendment act viii of 1937, the courts should treat a loan to an agriculturist charging compound interest to be a substantially unfair transaction. 6. effect of those previous .....

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Nov 02 2000 (HC)

Virginia Tobacco Growers Association Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : 2000(6)ALD720; 2001(1)ALT20

..... published in the official gazette.12. the central government, inexercise of its- rule-making power under section 32 of the act, made rules in theyear 1976 and they are known as 'the tobacco board rules. 1976' (for short 'the rules'). rule 14 of the rules deals with the quorum of the board; and atleast 8 members of the ..... resulting in unemployment. here at least in this case, it cannot be said that the agricultural labourers are left with no work as the agriculturists have already resorted to alternative crops.the supreme court in pathumma's case (supra), made the position crystal clear that the court while striking a ..... to get their names registered with the board. with the result, there was no crop for this calendar year. likewise, the growers of state of maharashtra, did not register their names with the board for raising tobacco. there remains the two states, viz., state of andhra pradesh and karnataka. as ..... to find out an amicable solution throughout the marathon hearing spreading over a period of 15 days, did not yield fruitful results because of the non-co-operative attitude exhibited by the trade. that apart, when the opinion of the farmers was sought to be elicited by this court, ..... approval to raise loans from the nationalised banks, the central government seems to have thrown the requests of the board into the dust bin and kept quite.13. chapter vi of the act deals with fixation of minimum price for purchase, sale and export of tobacco. under rule 31 of the rules, though the .....

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Sep 19 2008 (HC)

Yelamarthi Jaya Lakshmi (Died) Per L.R. Vs. Devilal Janwar and ors.

Court : Andhra Pradesh

Reported in : 2009(3)ALT372

..... to what extent9(3) whether the defendants are agriculturists, entitled to the benefits of act iv of 1938?(4) whether the interest claimed is usurious, penal and excessive, if so, is it not liable to be scaled down under the provisions of the usurious loans act?(5) whether the appropriation pleaded in the plaint ..... bargain regarding the security, is also necessary and operates to create the charge in conjunction with the deposit, it requires registration under section 17 of the indian registration act, 1908, as a non-testamentary instrument, creating an interest in immovable property, where the value of such property is one hundred rupees and upwards. ' ..... that the document was deposited with an intention to create a mortgage. even in the written statement, the defendants have pleaded that they have been making repeated requests for return of the document, but the plaintiff failed to do so. dws. 1 and 2 gave evidence in support of the ..... and the suit is liable to be decreed with costs as prayed for in the plaint.6. it is needless to say that the said rejoinder was filed in the light of the plea taken on rule of 'dandupat'.7. issues and additional issues settled by the trial court:issues:(1) ..... deposit of title deeds. mortgage by deposit of title deeds defined under section 58(f) of the transfer of property act specifies as hereunder:where a person in any of the following towns, namely, the towns of calcutta, madras, and bombay, and in any other town which the state government concerned may, .....

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Jul 05 2005 (HC)

M. Babu Rao and ors. Vs. Deputy Registrar of Co-operative Societies/Of ...

Court : Andhra Pradesh

Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)

..... chapter vi contains provisions relating to miscellaneous matters. section 34 enacts overriding effect to the provisions of the act. including in this chapter are provisions relating to rule making powers of the central government.the andhra pradesh mutually aided co-operative societies act, 1995 [act 30/1995] (for short 'the 1995 act'):-15 ..... entries 43 and 45 of list i and 32 of list ii. the petitioner co-operative bank was registered under the maharashtra co-operative societies act, 1960 and was in the banking business. the divisional joint registrar of the state issued a notice proposing removal of the ..... applied in a few cases - state of nagaland v. ratan singh, air 1957 sc 212; national and grindlays bank v. municipal corporation, greater bombay, : [1969]3scr565 ; n. suresh nathan v. union of india, : air1992sc564 . similarly documents issued by the appropriate government simultaneously with a ..... passed by the indian legislatures under the government of india act, 1935. in subrahmanyan chettiar v. muttuswami goundan, 1940 fcr 188: (air 1941 fc 47), the question was as to whether the madras agriculturists relief act, 4 of 1938, which was within the exclusive competence ..... case.the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (the 2002 act) ~ brief analysis:25. the slow pace of recovery of defaulting loans and mounting levels of non-performing assets, absence of legal provision for facilitating securitisation of financial assets of .....

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Oct 16 1985 (HC)

In the Matter Of: State Bank of India, Eluru

Court : Andhra Pradesh

Reported in : AIR1986AP291

..... loans to agriculturists if compound interest is charged, the court shall presume that the interest is excessive. it would be noted that even the above amendments do not make the power of reopening turn upon excessive rate of interest. the power of reopening a loan transaction can be execcised under the amended usurious loans act ..... bench of the madras high court in nagaratnam v. seshayya, air 1939 mad 361.27. our supreme court in fatechand v. state of maharashtra, : [1977]2scr828 categorically declared that money lending and debt liquidation are within the state's legislative competence. it said:'entry 30 in ..... emrcantile accounts current for mutual transactions.'f.k. mann, the well known authority on 'money' syas, that as a general rule compound interest is condemned by most counteries (sec. vo.. 101 lqr 30 at page-43). in the same article, mann observes.'in roman law, enatocism' was absolutely ..... system, will be the problem of rural indebtedness. the toal rural indeptedness was estimated by the central banking inquiry committee, in the year 1928, at about 900 crores of rupees. subsequent estimates have however, put the figure at a much higher level. the estimate according to ..... an agriculturist. (3) under the provisions of the usurious loans act of 1918 as amended by the madras amendment act viii of 1937 the courts should treat a loan charging agriculturist to compound interest to be sustantially unfair transaction.effect of those previous judgments and the contention of the bank:---6. .....

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Sep 13 2001 (HC)

Syndicate Bank, Tangutur Branch, Tangutur, Prakasam District Vs. Pamid ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD365; 2001(6)ALT640; [2002]108CompCas12(AP)

..... had to consider the question whether a non-agriculturist surety could also get the benefit of the provisions of the madras agriculturists' relief act (4 of 1938) when the principal agriculturist debtor became entitled to the scaling down of the debt. the full bench held that:'a non-agriculturist surety will not be liable for the entire ..... the surety can be so easily cut down. the impugned direction cannot be justified under order 20, rule 11(1). assuming that apart from order 20, rule 11(1) the court had the inherent power under section 151 to direct postponement of execution of the decree, the ends of justice did not require such ..... we hold that the 2nd defendant did not stand discharged from liability as surety.'in the case of mseb bombay v. official liquidator (supra) the dispute relates to the right of the maharashtra state electricity board to encash the bank guarantee given by a bank on behalf of the company, which was ..... guarantor for the due to be discharged by the principal debtor and in case of default committed by the principal debtor, the surety has to make good the loss to the creditor. it is also not in dispute that the creditor has the right to proceed against the surety also, ..... nagarik sahakari bank limited v. union of india, : air1981ap153 , a division bench of this court considered the right of the creditor-decree holder vis-a-vis the liability of the principal debtor as well as the guarantor. it was held that it is not necessary that the creditor must first seek .....

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