Court : Gujarat
Reported in : (1971)12GLR355
..... well-founded. it is based on a to literal interpretation of rule 41 without taking into account the source of the power under which the rule is made. section 99 sub-section (1) under which the rule is made merely authorises the rule-making authority to prescribe the manner of hearing the dispute. it does not ..... past member or a person claiming through a member, past member or a deceased member of a society. a similar clause in section 91(1) of the maharashtra co-operative societies act, 1961, came to be construed by the supreme court in the same case to which we have already referred, namely, d. ..... degree in which they make use of their association'. it is essentially an association of persons of limited means and, as indicated in the preamble to the bombay co-operative societies act, 1925, its object is inter alia 'promotion of thrift, self-help and mutual aid among agriculturists and other persons with ..... revenue were right, every such transaction would manifestly be outside the scope and ambit of section 46; then how can there be a transaction of loan to a non-member under section 46? the words 'under section 46' in section 96(1) clause (d) would be rendered completely meaningless if such a construction were ..... the legislature to guide or control the exercise of this power: the power is therefore, discriminatory and must be struck down as offending article 14.we shall proceed to examine these grounds in the order in which we have set them out above.6. re: grounds (a) and (b): these two .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1976Bom190; (1975)77BOMLR671; 1976MhLJ373
..... agricultural economic legislation intended to benefit agriculturists irrespective of their religion and to improve agriculture in this country by proving cheap loans to agriculturists for the purposes mentioned in the act which are referred to above. 22. the statutory provisions contained in the land improvement loans act must be interpreted exclusively on the ..... bombay under section 10 of the act. the form of application prescribed under the said rules requires the applicant to state his name and residence; amount and object of loan and nature of the proposed improvement; village, survey no., assessment and judi if alienated of land to be improved, with extracts of village form no. vi ..... of the state, the suit was not maintainable. it was also submitted that as the state of maharashtra was not made a party to the present suit it was bad for non-joinder. on merits, it was contended that the family of the plaintiffs and dattatray continued to be ..... longer represent the family and a decree obtained against him alone, cannot be binding on the separates sons. in the second place, the power exercisable by the father of selling the interests of the sons for satisfaction of his personal debts comes to an end with partition. as ..... the suit goods. hence, the plaintiff filed the suit. the learned subordinate judge held that the effect of the attachment was merely to make harite a surety for the plaintiff and dismissed the plaintiff's suit. 26. the decree was reversed and it was held by this court .....Tag this Judgment!
Court : Mumbai
Reported in : 1976CriLJ1792; 1976MhLJ459
..... is also the provision for regulating the milling of paddy as well as of selling surplus stocks to government by certain persons receiving stocks from agriculturists. provision is made for determining the price, power to examine and power to hear appeals. the entire gamut of the order, therefore, is directed to see that the stocks of foodgrains are regulated and there is no ..... disposed of by a common judgment because the law point arising in both is whether non-obedience to the notice issued under clause 6 of the maharashtra scheduled foodgrains (trade monopoly) order, 1972 (hereinafter called the monopoly order) is punishable as a contravention under section 7 of the essential commodities act, 1955. it appears that naib tahsildar lothe raided the houses of both the applicants ..... to show the price on the price board was taken as a subsidiary matter and the acquittal was maintained. the decision war. based on the ratio obtaining in government of bombay v. laxman govind, (cit. sup.) 1950 cri lj 972 (bom) and those are the observations:the intention has to be determined having regard to the wording and the scheme of ..... he did not obey it.2. it appears that when the raid was carried out total quantity of paddy found in his possession was 40 khandis. after making allowance as contemplated by clause 6 of the monopoly order the excess with him was 15 khandis equivalent to 22 quintals. consequently a notice as required by schedule f was served on him on .....Tag this Judgment!
Court : Gujarat
Reported in : (1977)18GLR515
..... he proposed to purchase would be the entire area which would satisfy the ingredient of section 2(6) (a),(b) or (c). if these ingredients were not satisfied, the person concerned would not be agriculturist qua this land and would have to be treated as a non-agriculturist where the sale could only take place with the permission of the collector which has ..... whole object was to impose restrictions on the transfer of agricultural land, dwelling houses and sites and lands appurtenant thereto, belonging or occupied by agriculturists, agricultural labourers, artisans in the province of bombay, and to make provisions for certain other purposes, because the state legislature which was legally competent to enact this legislation in the matter of such agricultural land within ..... if, in different local areas there were different local laws, so long as the same legislature was legislating for the whole of maharashtra, it was held that the ceiling act, 1961, applied to the whole of the state of maharashtra and, therefore, the expression 'agriculturist' used in section 63 must cover all persons who were carrying on agricultural operations within the entire state of ..... be discharged with costs while the other special c.a. no. 271/71 must be allowed by making the rule absolute by setting aside the binding of the tribunal and by substituting the finding that even the first purchaser devji meghji was not an agriculturist on this relevant date i.e. may 8, 1963, and accordingly the findings in respect of .....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 : 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!
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 : 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 : Karnataka
Reported in : AIR2002Kant338; ILR2003KAR1724
..... court in the case of madhaorao v. the state of maharashtra in : 3scr604 has ruled in paras 4 and 5 as under at page 46 :'it appears that according to the view of the high court the court-fee is payable under section 6(i)(v) even with regard to land on its value ..... assessed, would amount to denial of well intended benefit with no rationale or logic behind it. after all, it is common knowledge that it is small agriculturists who would very much need the assistance of courts in establishing their claims respecting smaller (specified) portions of their agricultural lands, which may form parts of ..... to provide the benefits to the weaker sections of the agricultural sector.15. court fees act of 1955 provides for the court fees on proportionate basis of the survey assessment of the entire survey fee.the bombay court fees act of 1959 makes a distinction with house or garden vis a vis land. in the case of land, the ..... spectrum of views is expected to be taken into account. the legislature is not shackled by the same constraints as the courts of law. but power is coupled with a responsibility. it is also the responsibility of the courts to look at legislation from the alter of article 14 of the constitution ..... would remedy the situation. no remedial steps are taken by the government even after 16 long years. a mere look at the section would show that a mere separate non-assessment of a share in an estate though assessed, not definite, being asked to pay a market value as compared to the .....Tag this Judgment!