Court : Andhra Pradesh
Decided on : Oct-16-1985
Reported in : 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, : 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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-30-1985
Reported in : AIR1986SC137; 1985(2)SCALE933; (1986)1SCC465; Supp3SCR264
..... central government, by notification published in the official gazette and subject to the condition of previous publication, the power to make rules to carry out the purposes of the 1958 act. under section 134, all rules so made are to be laid for not less than thirty days before each house of parliament as soon ..... of the general policy in force from time to time. on january 23, 1961, the indian company applied to the director, drugs control administration, state of maharashtra, for permission to manufacture 'dristan' tablets. the said application was approved by the drugs controller on february 10, 1961. meanwhile, on january 18, 1961 ..... sought to be registered must be, therefore, genuine and real and as pointed out by tomlin, j., in in re ducker's trade mark, (1928) ch. l 405, the fact that the mark was thought to be something which some day might be useful would not account to any definite ..... .9. on october 18, 1961, an agreement was entered into between the appellant and the indian company for granting to the indian company the non-exclusive right to use the trade mark 'dristan' upon or in relation to the goods in respect of which the said trade mark was registered ..... for import of phenylophrine hydrochloride and phenindamine tartarate to the value of rs. 6,000 and rs. 12,000 c.i.f. bombay respectively for the purpose of initial production of 'dristan' tablets. the licence under the industries (development and regulation) act, 1951 was granted to the indian company on january 19, 1961, .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-16-1985
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, : 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. .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-02-1985
Reported in : AIR1986All115
..... of writ petitions challenges the validity of section 11a of the u. p. agricultural credit act, 1973 (u. p. act no. 19 of 1973), hereinafter referred to as 'the act' which provides for recovery of loans advanced by a bank to an agriculturist by way of financial assistance. common ..... the maximum fixed is ten per cent fixation of the same was within the rule making power of the state government. similar adjustment of ten per cent as collection charges is to be found in the u. p ..... dutt v. state of u. p., air 1979 sc 1303 and maganlal chhaganlal (p) ltd. v. municipal board of greater bombay, air 1974 sc 2009. in fact, the first decision was that of maganlal chhaganlal (supra). in this case, what was said ..... referred to a number of cases of the supreme court where the power is absolutely irrespective of the fact that the same has been conferred on higher authority. the decisions cited are : state of maharashtra v. mrs. kamal sukumar durgule, air 1985 sc 119, state ..... sets of rules for conducting enquiry against a non-gazetted officer were available, one under the tribunal rules and the other under rule 55 of the c.c.s. (cca) rules. the tribunal rules defined misconduct more precisely while c.c.a. rules are somewhat vague. the tribunal rules do not ..... and entry 46, and also because of entries 6 and 43 of list iii.33. it was next argued that in the absence of a provision for appeal against the issuance of recovery proceedings under section 11a by the principal officer of the bank, .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-06-1985
Reported in : 60STC328(Kar)
..... occasion to go into the validity of the provisions of sub-section (6) of section 14b of the punjab general sales tax act. an officer-in-charge of a check post had powers to unload and detain any goods which the said officer had ..... . during the course of inter-state trade and commerce to various destinations in the state of m.p., maharashtra, etc., was challenged by the wholesale dealers of foodgrains, as violative of the freedom of trade and intercourse ..... : 1scr338 , the point considered by the supreme court related to the validity of section 37(1)(a) of the bombay sales tax act, which conferred power on the state to forfeit any sum collected by a dealer in excess of the tax payable ..... on 29th march, 1980 and the list of agriculturists furnished by m/s. r. a. manjunathappa & sons, arecanut merchants, sager, levied a penalty of rs. 4,200 under section 28a(4) of the act. 4. this is being challenged by the ..... levy penalty if no sufficient cause is furnished for non-compliance with the provisions of sub-section (2), (3) or (3a). he has also relied upon sub-section (7) of section 28a which provides for an appeal against the levy ..... rule which the high court was examining is not in pari materia with section 28a of the kst act. the said decision also does not support the case of the respondents. (3) commissioner of commercial taxes v. ramkishan shrikishan jhaver : 66itr664(sc) . it is no doubt true the supreme court held in that case that it is competent to the legislature to make .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-1985
Reported in : 1985(Supp)SCC476; Supp1SCR145
..... vi deals with the penalties and offences by the companies. section 31 provides that the provisions of the said act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. section 32 provides for the power of the central government to make rules. section 1 provides that the act ..... augmenting the agricultural produce, its facility of transport in villages and to provide other facilities meant mainly or exclusively for the benefit of agriculturists was not permissible on the ground that such service in the long run augmented the volume of transaction in the market ultimately benefiting the ..... j.).183. prior to all this, in the case of state of maharashtra and ors. v. the salvation army, western india territory : 3scr475 this court had to consider the question of fee under bombay public trust act, 1950. the court noted that fee was defined as a charge for ..... prepare and furnish similar financial proposals to the chief marketing officer in connection with certain proposals for development with the aid of a loan from the world bank. as learned counsel wanted the court to examine these proposals also having regard to the principles and guide lines ..... to assume that having regard to the extent of infrastructural facilities available in most of the modest allocations on future development work of non-controversial kind will bring about the correlation required to pass the test of market fee.152. the high court observed that the market .....Tag this Judgment!