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 : 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 : 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 : 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 : 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!
Court : Mumbai
Reported in : 2009(6)MhLj45
..... not purchase the land and that the sale deed would be in violation of the provisions of section 31 of the bombay prevention of fragmentation and consolidation of holdings act, 1947 (for short 'the said act') as it stood prior to the amendment by maharashtra act no. xli of 1977.6. heard the learned counsel for the parties. perused the relevant evidence and the impugned judgments.7 ..... that there was any agreement for sale. according to him, he had received only amount of rs. 4,100/as loan and for security of that loan, the document purporting to be agreement for sale was executed. the document was not to be acted upon.4. the trial court dismissed the suit holding that the amount was paid to the defendant as a ..... the official gazette, as being reserved for non-agricultural or industrial development.(3) nothing in sub-section (1) shall also apply to any land which is to be transferredi) to the tenant of the holding or his heir; or(ii) to the owner of the adjoining holding who cultivates his land personally; or(iii) to an agriculturist or agricultural labourer, in its entirety ..... as to create a fragment.in view of this, no holding allotted under this act nor any part thereof could be transferred or sub-divided so as to create a fragment, without previous sanction of the collector. sub-section (2) is not applicable. sub-section (3) makes it clear that sub-section (1) would not be applicable where the land is to be transferred to .....Tag this Judgment!
Court : Mumbai Aurangabad
..... part thereof in favour of [a co-operative agriculture and rural multipurpose development bank] or of the state government] under the bombay canal rules made under the bombay irrigation act, 1879 or under any corresponding law for the time being in force for the supply of water from a canal to such ..... or (b), [and also the particulars of extinction of such charge].explanation:- for the purposes of this section, the expression "society" means-(i) any resource society, the majority of the members of which are agriculturists and the primary object of which is to obtain credit for its members, or (ii) any society ..... as regards restrictions imposed by section 47 of the mcs act, considering the scheme under the said act, it would be reasonable to infer and hold that the said condition of non transferability is imposed on the property mainly with a view to secure and safeguard amount of loan which the owner of the ..... such conditions as prescribed by the maharashtra land development bank, or with prior permission of the said bank. accordingly, the plaintiff was competent to sell the suit land, but with the previous permission of the aforesaid bank and, therefore, the sale transaction dated 29.6.1972 entered into between the ..... in the declaration for the payment of the amount of the loan which the society may make to the member in pursuance of the application, and for all future advances (if any) required by him which the society may make to him such member, subject to such maximum as may be .....Tag this Judgment!
Court : Mumbai
..... submissions. at the outset, it would be relevant to reproduce herein-below the provisions of section 63 and 85a of the said act. "63. transfers to non-agriculturists barred.--(1) save as provided in this act- (a) no sale (including sales in execution of a decree of a civil court ..... be valid in favour of person who is not an agriculturist (or who being an agriculturist (will after such sale, gift, exchange,lease or mortgage, hold land [exceeding the ceiling area0 determined under the maharashtra agricultural lands (ceiling on holdings) act, 1961 9such permission shall not be granted, where land ..... -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.]] [(4) nothing in section 63a shall apply to any sale made under sub-section (1).]" "85a. suits involving ..... explanation.- for the purpose of this section a civil court shall include a mamlatdar's court constituted under the mamlatdar's courts act,1906.]" 8. a bare perusal of section 63 of the said act would make it abundantly clear that, buyer should be an agriculturist. therefore, in the light of averments ..... rule. rule made returnable forthwith. heard finally with the consent of parties. 2. brief facts as disclosed in the writ petition are as under : petitioner no. 1 is wife and petitioner no.2 is son of respondent no.2. petitioner nos. 3 and 4 are wife and son of respondent no.3. petitioner nos. 5 and 6 .....Tag this Judgment!
Court : Mumbai
Reported in : 46STC454(Bom)
..... error apparent on the record within the meaning of section 62 of the bombay sales tax act, 1959 (2) did the tribunal err in law in holding that section 52 of the bombay sales tax act, 1959, created a bar to rectification power under section 62 of the bombay sales tax act, 1959 ?' 5. it will be convenient to ..... agricultural purposes and were recognised not only by co-operative land mortgage banks but also by the government of maharashtra to be oil engines of the type used by agriculturists for drawing out water and it was on this evidence led before it that the tribunal had given its decision ..... as, for instance, the levy of tax under a statutory provision which is subsequently held by the supreme court to be inoperative and ineffective or making an assessment which on the basis of a later decision of a high court or the supreme court is found to be erroneous or time-barred ..... of them possessing original jurisdiction and some appellate or revisional jurisdiction or both. section 55(1) provides for an appeal from every original order passed under the said act or the rules made thereunder unless it is made non-appealable by section 56. an appeal from an original order passed by a sales tax officer ..... such question arises from any order already passed under this act or any earlier law, no such question shall be entertained for determination under this section; but such question may be raised in appeal against, or by way or revision of, such order.' 6. it seems, though it does not appear in so .....Tag this Judgment!