Court : Punjab and Haryana
Reported in : (2010)157PLR98
..... for want of money lenders licence. section 3 of the punjab registration of money lenders act, 1938, reads as under:3. suits and applications by money-lenders barred, unless money-lender is registered and licensed.- notwithstanding anything contained in any other enactment for the time being in force, a suit by a moneylender for the recovery of a loan, or an application by ..... , is that the impugned order deserves to be set aside, as the learned executing court has dismissed the application, by misinterpreting the provisions of section 3 of the punjab registration of money lenders act, 1938, reproduced above.12. the learned counsel for the respondent /decree-holder contends, that the application moved by the petitioner was not maintainable for the reason, that this ..... petitioners is that the respondent having been admitted to be a money lender, he had a statutory duty under section 3 of the punjab registration of money lenders act, 1938 to produce the certificate of registration granted under the act which he never did. a consequence of this default is that his suit has to be dismissed as prescribed under section 3 of ..... petition is directed against the order dated 20.1.2009, passed by the learned executing court vide which application moved by the petitioner under section 3 of the punjab registration of money lender's act, 1938, stands dismissed.3. the respondent/decree-holder had filed a suit for recovery against the petitioner herein, for recovery of amount advanced to him by way .....Tag this Judgment!
Court : Delhi
..... kumar grover) jmic/ggn, 05.03.2014 17. it is also submitted that the plea premised on the punjab registration of money lenders act, 1938 is misconceived inasmuch, as, the plaintiff is not a moneylender within the definition of the said expression contained in the said act. the said act defines loan to mean an advance whether secured or unsecured of money or in kind at interest ..... rs. 2.50 crores, including the said instalment of rs. 40 lacs. 23. the submission of the defendant that the suit is barred by section 3 of the punjab registration of money lenders act, 1938 also has no merit. firstly, the defendant has not claimed that the money was lent by the plaintiff to the defendant on interest. secondly, the defendant does not even ..... and his father who has been shown as a witness. 13. the defendant also states that the suit is barred under section 3 of the punjab registration of money lenders act, 1938 as applicable to delhi and haryana state. the plaintiff has not disclosed that he has registration as a money lender, and has been issued a license as a money lender under the said ..... act. 14. learned counsel for the plaintiff has countered the submissions of the defendant/ applicant. it is, firstly, pointed out that the suit is not merely based .....Tag this Judgment!
Court : Delhi
Reported in : 141(2007)DLT923
..... void; i.e. the agreement leading to the issuance of the cheque is void since it contravenes the punjab registration of money lenders act, 1938. section 3 of the act debars maintainability of suits by moneylenders who are unregistered and section 4, deals with registration of registration of money-lenders. quite apart from the fact that these are matters of detail and perhaps can be taken ..... say that the respondent/complainant, a practicing advocate had alleged that he lent monies to the petitioner and co-accused. reliance was placed in this regard on the punjab registration of money lenders act, 1938, particularly section 4(3) which placed a general prohibition on money-lending activity in the absence of licensing and cast criminal liability. it was contended that the ..... maintained in 5 distinct locales consistent with section 178(d) of the criminal procedure code.9. it was lastly contended that the argument about the complainant engaging in prohibited professional activity moneylender is unfounded since he was a relative of some of the directors of the accused company and had advanced amounts at their request. the company was bound to return ..... when they fell due. it failed to do so. this had constrained the complainant to initiate the proceedings. in these circumstances the argument about applicability of the said act is merit-less; it was also contended that this contention was not originally advanced in the section 482 petition; moved before the court but sought to be introduced by .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1974P& H36
..... . he also pleaded that the plaintiff was a moneylender and he did not comply with the provisions of the punjab registration of money lenders act. 1938(hereinafter referred to as the 'money lenders act') and the punjab regulation of accounts act, 1930(hereinafter referred to as the 'accounts act'). the trial court during the pendency of the ..... of the learned counsel for the appellants is that two pleas taken before trial court by ganga ram defendant were that the plaintiff was a moneylender and that he was not entitled to interest and issues were also framed on the said pleas. the arbitrator did not give decision on ..... to give a decision as to whether he was a moneylender as both the questions are correlated and the provisions of both the acts are similar. he also urges that if the plaintiff was a money-lender under the money lenders act, his suit was liable to be dismissed on this short ..... and especially when it caused a miscarriage of justice. it includes neglect of duties and responsibilities. the courts expect of him that he should act with honesty. it is also expected from an arbitrator that he should enquire into points raised before him by the parties to arbitration. failure ..... had been impleaded as defendants. the plaintiff did not file any objections against the award. the defendants, however, filed objections under section 30 of the act. the trial court framed the following issues:--'(1) has the arbitrator been guilty of judicial misconduct? (2) is the award otherwise liable to be .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1979P& H75
..... by the subordinate judge on february 25, 1974. thereafter, the judgment-debtor filed another objection application dated april 10, 1974, alleging therein that under section 3 of the punjab registration of money lenders' act, 1938, the decree-holder was not entitled to realise the decretal amount as he was a professional money lender. this application was also contested by the decree-holder on the ..... 3 of the punjab registration of money lenders' act, the decree-holder was not entitled to realise the decretal amount as he was a professional money lender. i find no merit in this contention. at the outset, it may be mentioned here that there is not a tattle of evidence on the record that the decree-holder was a professional moneylender during the relevant ..... by the district judge, patiala, vide his order dated october 15, 1973. thereafter, the judgment-debtor filed an objection application dated november 14, 1973 under section 11b of the punjab debtors protection act no. ii of 1936. that application was resisted by the decree-holder, on the ground that it was barred by the principles of constructive res judicata as no such ..... period. in order to attract the provisions of section 3 of the said act, the judgment-debtor has to allege and prove that the decree-holder is a money lender. the judgment-debtor has failed to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC2007; 1971MPLJ85(SC); (1970)2SCC360; 1SCR657
..... to send statements of account as required by section 3(b) of the c. p. and berar moneylenders act ?was the appellant liable to maintain accounts as provided by section 3(a) of the moneylenders act?(5) are the three instruments validly registered or is the registration void ?(6) are the findings on issues 1 to 6 in the present suit barred on the principle ..... as to secure protection to ignorant debtors against the evil of fraud and extortion on the part of unscrupulous moneylenders without unduly interfering with freedom of private contract. it was framed broadly on the lines of the punjab regulation of accounts act (no. 1 of 1939) but it embodied, in addition, the principle of damdupet so that the creditors were not encouraged to ..... postpone unconscionable enforcement of their claims. the courts were also empowered to fix instalments for execution of decrees. 'moneylender' as defined in clause (v) of section 2 means ..... amended in 1927 when sections 2 and 3--interpreted in cornelius--were repealed. this was long before 1935 when the c. p. act was enacted broadly, as already pointed out, on the lines of the punjab regulation of accounts act 1 of 1930 with the addition of the rule of damdupat and extended power of courts to fix instalments for execution of decrees .....Tag this Judgment!
Court : Mumbai
Reported in : (1958)60BOMLR1247
..... provisions of section 11-f of the central provinces and berar moneylenders act. we have quoted the above passage from the learned chief justice's judgment to support our conclusion that the provisions of section 11-f are a bar against doing any moneylending business at all without obtaining a certificate of registration.22. on the question of fact as to whether the appellant ..... obtain during the pendency of the suit a certificate of registration it made clear and comprehensive provisions in this regard. the difference in the language of sub-section (i) of section 10 of the bombay money-lenders act from that of section 11-f of the central provinces & berar moneylenders act is significant.14. in order to appreciate the point we would reproduce the ..... contravenes any of the provisions of that section. they also held that section 11-f of the act applies to the business of moneylending and not to an individual transaction of lending money, that the individual transaction of moneylending made by a moneylender who has not obtained a registration certificate is not made invalid, and that the only obstacle created in his way is that ..... .we may also point out that in the punjab act, somewhat similar provisions have been enacted in section 3, but that is not the position here.15. therefore, considering sections 11-f and 11-h together we are clear that a suit to recover the money advanced by a moneylender who does not hold a registration certificate on the date of the transaction, cannot .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1962MP117
..... small cause court dismissed the suit on two grounds. the applicant did not produce her certificate of registration required to be taken under section 11-b of the central provinces and berar moneylenders act, 1934 (hereinafter called the act). she did not prove that the non-applicants executed the promissory note or that there was ..... any consideration for it. thereupon, the applicant filed a revision and subsequently produced her registration certificate, which she had applied for and obtained ..... of the decision of this court by a division bench of the bombay high court with reference to section 11-h of the c. p. moneylenders act, 1934.' 3. it would appear from the order of reference that this court considered the question how before us in several cases. the cursus ..... j. (as he then was) pointed out in aswini kumar ghosh v. arabinda bose, 1953 scr 1: (air 1952 sc 369), darshan singh v. state of punjab, 1953 scr 319 : (air 1953 sc 83), and pop-patlal shah v. state of madras, 1953 scr 677 : (air 1953 sc 274), that it is ..... . but to lead to such conclusion there must be some definite indication in the act such as one finds in the punjab money-lenders act and also in c. p.'s act. the position under the hyderabad money-lenders act was similar before the amendment was introduced, for under section 9 as it then .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2005(1)MPLJ122; 63SCL411(MP)
..... sometimes arise in applying them to particular cases.10. this brings me to the main question which is whether section 11f of the act providing for compulsory registration of moneylenders with a penalty for its infraction was enacted with the object of protecting the general public or any class thereof. preambles, which ..... , if at all, at the stage of execution of the sale deed.'in piara singh v. jagtar singh (supra) the high court of punjab and haryana considered the effect of acquisition of property by non citizen without prior permission of reserve bank of india and has held as under ..... republic but in my view that has no effect on the validity of the agreement in question. section 31 of the foreign exchange regulation act on which reliance has been placed by the defendants only places a restriction on a foreign citizen on transfer or sale, mortgage, lease, gift ..... the decision of this case.13. in order to appreciate the rival contentions it would be appropriate to quote 'preamble' of the fera :'an act to consolidate and amend the law regulating certain payment, dealings in foreign exchange and securities, transactions indirectly affecting foreign exchange and import and export ..... statement was that the plaintiff mrs. j. clairs being not citizen of india, therefore, by operation of section 31 of the foreign exchange regulation act, 1973 (hereinafter referred to as 'fera'), she could not hold any immovable property except with the previous permission of the reserve bank of india. .....Tag this Judgment!
Court : Supreme Court of India
..... "one man, one vote". since the first legislation was limited to the credit societies, a new legislation was introduced 8 years later as "cooperative societies act, 1912". the restriction regarding registration limited to credit societies was taken away and any society established with the object of promoting the economic interests of its members in accordance with the cooperative principles ..... societies emerged in india as state sponsored/promoted institutions. the main objective was only credit intended to relieve the poor agriculturists from the clutches of moneylenders. the first urban cooperative credit society under the act of 1904 was registered in kanjivaram in erstwhile madras province.. the traits of democracy were present in the very first legislation through the principle ..... different reasons, we agree with the view taken by the high court of gujarat. the contra views expressed by the high courts of andhra pradesh, bombay, kerala and punjab and haryana are no more good law in view of the ninety seventh amendment to the constitution of india. the appeals are accordingly dismissed. there shall be no order as ..... the answer to the question posed in the beginning of the judgment, is that in absence of any provision in the punjab co-operative societies act, 1961, rules and the bye-laws made thereunder (as also in the haryana cooperative societies act, 1984, rules and the bye-laws made thereunder) for moving a no-confidence in the president of a managing committee/ .....Tag this Judgment!