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Judgment Search Results Home > Cases Phrase: the tamil nadu indebted agriculturists repayment of debts act 1955 Page 1 of about 8 results (0.080 seconds)

Dec 22 1978 (HC)

Balakrishna Gounder Vs. V.A. Vadivel Mudaliar and anr.

Court : Chennai

Reported in : (1980)1MLJ153

..... connection to the decision in kannan v. krishnan nair (1958) k.l.t. 669 : i.l.r. (1958) ker. 1018 which related to a case under the tamil nadu indebted agriculturists (temporary relief) act (v of 1954) on a court-auction sale held on 25th january, 1954, a stranger purchased the property in auction. the sale was confirmed on 1st march, 1954. an ..... the section should and could be dismissed though there was no specific provision to that effect in the act. the later enactment could apply only to suits validly instituted.24. this decision was followed by ismail, j., in dealing with tamil nadu indebted agriculturists (temporary relief) act, 1975 (tamil nadu act x of 1975) in (saradam ammal v. s.m. veerappa chettiar) c.r.p. no. 2789 ..... 1954. the suit was instituted on 2nd december, 1954. the period prescribed by section 3 of the act as eventually amended came to an end on 1st march, 1955. the suit was dismissed on 19th july, 1955. meanwhile, madras indebted agriculturists (repayment of debts) act, 1955, came into force on 1st march, 1955. it was contended that inasmuch as pending the suit instituted in contravention of section 3 of ..... of the decree. at the court-auction sale held on 16th january, 1975, the second respondent purchased the property. on the date on which the court-sale took place the tamil nadu indebted agriculturists (temporary relief) ordinance, 1975 (ordinance no. 1 of 1975) (hereinafter called ordinance no. 1 of 1975) was in force. under section 4 of ordinance no. 1 of 1975 .....

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Feb 05 1980 (HC)

Sri Hari Babu Naidu Vs. S. Alamelu Ammal

Court : Chennai

Reported in : (1980)2MLJ115

..... legislature, tamil nadu act x of 1975. the avowed object of this legislative measure was set out in a preamble to the act. the preamble referred to the prevalence of a widespread agricultural drought in the state at that time and the adverse effects which the drought had particularly on agriculturists, who happened to have fallen into debts. the preamble expressed the hope that indebted agriculturists in ..... orderv. ratnam, j.1. this case has posed a problem in giving effect to section 3 of the tamil nadu agriculturists (temporary relief) act, 1976. this section barred for a short duration, the institution of suits for recovery of debts from agriculturists. the petitioner in this civil revision petition was the defendant in a suit on a promissory note on the file of the sub- ..... the temporary respite of one year by some more breathing time. it was evidently felt that even with a good harvest on hand, indebted agriculturists might not be in a position then and there to repay their subsisting debts all at once. it was thought that extension of the statutory stay by another three months might meet with the requirements of the ..... situation. ordinance no i of 1976 was accordingly promulgated with effect from 15th january, 1976. it provided that no suit for recovery of a debt from an agriculturist shall be instituted .....

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Jul 12 2002 (HC)

C.M. Abubucker Vs. C.M. Gun Syed Sahib Zulaika Bi (Died),

Court : Chennai

Reported in : (2002)3MLJ34

..... tamil nadu indebted agriculturists (temporary relief) act of 10/75, the tamil nadu indebted agriculturists (temporary relief) act 15/76, the tamil nadu indebted persons (temporaory relief)act 16/76 as extended by act of 1977. he was assessed to property tax and also to sales tax and therefore, the exclusion of time for filing the suit did not apply to his case. subsequently, he filed an additional written statement claiming the benefits of the tamil nadu debt ..... process for recovery of the same so that the person entitled to the relief get a breathing time for repayment of the debt. to apply the debt relief act s, the court should be satisfied that the appellant is the 'debtor' within the meaning of those acts wherein provision has been made for exclusion of time. the following para in the two suits deal with ..... question is raised, would have been an agriculturist but for the act that in the year 1971-72, 1972-73, 1973-74 or 1974-75 he has been assessed to income tax under the income tax act,1961 or to agricultural income-tax under the tamil nadu agricultural income-tax act,1955, or sales tax under the, tamil nadu general sales tax act,1959, or under the central sales tax .....

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Jan 07 1994 (HC)

Maija Ammal Vs. S.P. Maboob Mohammed (Died) and ors.

Court : Chennai

Reported in : (1994)1MLJ524

..... of 1979 in accordance with section 16 of the act. it is made clear that the basis of relief afforded to indebted agriculturists debtors under tamil nadu acts 40 of 1978 and 40 of 1979 is different. while the provisions of tamil nadu act 40 of 1979 enabled a creditor to recover only one half of the debt due and one half of the interest thereon and discharged ..... statutorily the balance payable by and recoverable from the debtor, the provisions of tamil nadu act 40 of 1979 permitted ..... provisions which may be considered to be applicable on the facts of this case is section 16 of tamil nadu act 40 of 1979 which provides for amendment of decrees. that section pre-supposes the court having passed a decree for the repayment of a debt, in which event, on an application by judgment-debtor or others mentioned therein within six months from ..... the date of publication of tamil nadu act 40 of 1979 in the tamil nadu government gazette, the decree can be scaled down and amended according to the provisions of .....

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Aug 29 1985 (HC)

Sivasubramaiam Alias Kandaswami Vs. Mohideen Pitchal

Court : Chennai

Reported in : (1986)1MLJ235

..... . a combined reading of ordinance i of 1975 replaced by the tamil nadu indebted agriculturists (temporary relief) act 10 of 1975, the tamil nadu indebted agriculturists (temporary relief) act 15 of 1976 as amended by the tamil nadu debt relief laws (amendment) act of 1977, the tamil nadu debt relief laws (second amendment) act of 1977 and the tamil nadu debt relief laws (amendment) act of 1978 and the tamil nadu debt relief act 40 of 1979 is that the institution of a suit for recovery ..... gazette, shall be excluded. this section covers the period covered by the tamil nadu indebted agriculturists (temporary relief) act 15 of 1976 as amended by the tamil nadu debt relief laws (amendment) act of 1977 the tamil nadu debt relief laws (second amendment) act of 1977 and the tamil nadu debt relief laws (amendment) act 2 of 1978, and the period during which the tamil nadu debt relief act 40 of 1978 was in force, that is from 15th january, 1976 ..... of a debt due from an agriculturist is barred from 16th january, 1975 to 14th june .....

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Mar 19 2004 (HC)

Arasa Kumar and anr. Vs. Nallammal and ors.

Court : Chennai

Reported in : II(2005)BC127; [2006]129CompCas451(Mad); 2004(4)CTC261; (2004)3MLJ252; [2005]57SCL5(Mad)

..... velar v. parvathammal, : 2000(1)ctc412 deals with a case under the tamil nadu debts reliefs act (act 40 of 1979, 13 of 1980 and 50 of 1982), wherein, the learned judge (s.s. subramani, j.) has observed,'14. the tamil nadu debt relief act, 1982, was passed by the legislature to give benefit to the indebted agriculturists. merely because a summary remedy is provided before the tribunal, the law ..... does not say that the debtor cannot invoke the jurisdiction of civil court. right of redemption is a common law remedy. the tamil nadu debt relief act, 1982 has not excluded the common law ..... 156 to bring out a civil suit. it was argued in the said case that the civil suit was not maintainable, by pointing out section 156 of the tamil nadu co-operative societies act, 1983; which states,'bar of jurisdiction of civil courts: notwithstanding anything contained in any other law for the time being in force nor order or award passed, ..... suit for recovery of the outstanding amount and on the formation of the debt recovery tribunal, the said suit was transferred to the file of debt recovery tribunal, chennai and an order was passed by the drt, directing the borrowers to repay the same and since they failed to repay the same as ordered, the drt has directed the issuance of recovery certificate .....

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Jun 20 2001 (HC)

Manimekalai Ammal and 5 Others Vs. Swamidorai Padayatchi and 4 Others

Court : Chennai

Reported in : (2001)2MLJ826

..... indebted agriculturists and persons right from act 4 of 1938, the tamil nadu agriculturists relief act. we are presently concerned with the debt relief legislations namely ordinance 1 of 1975 replaced by the tamil nadu indebted agriculturists (temporary relief) act 10 of 1975, the tamil nadu indebted agriculturists (temporary relief) act 15 of 1976 as amended by the tamil nadu debt relief laws (amendment) act of 1977, the tamil nadu debt relief laws (second amendment) act of 1977, the tamil nadu debt relief laws (amendment) act of 1978 and the tamil nadu debt ..... amount exceeds rs. 500 but does not exceed rs. 5000 one-half of the principal amount so advanced shall be deemed to be discharged and only the balance shall be repayable. section 7(1)(c) provided that where then principal amount exceeds rs. 5000. but does not exceed rs. 10,000 the interest shall be deemed to be wholly discharged and ..... only the principal amount shall be repayable.6. thus, the act contemplated the discharge of certain amounts and recovery of the scaled down amounts. the provisions of this act, provided for permanent debt relief by way of liquidation or scaling down of debts as the case may be to specific classes of weaker sections of society consisting of agriculturists and other indebted persons in the stale. it .....

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Sep 07 1973 (HC)

R. M. Ar. R.M. Ramanathan Chettiar Alias R.M. A.R. Ramanathan Chettiar ...

Court : Chennai

Reported in : (1974)1MLJ221

..... as follows:section 19 (1). where before the publication of the tamil nadu agriculturists relief (amendment; act, 1972, in the tamil nadu government gazette, a court has passed a decree for the repayment of a debt, it shall, on the application of any judgment-debtor who is an agriculturist or in respect of a hindu joint family debt on the application of any member of the family whether or not ..... the above facts.14. the 1938 act was enacted to provide for the relief of indebted agriculturists in the then province of madras. various provisions were made in that act for such reliefs. chapter ii of that act consisting of sections 7 to 14 makes provision for scaling down of existing debts and future rate of interest.section 7 of that act provided:notwithstanding any law, custom ..... provisions and their effect have been pithily summarised by a full bench of this court in muthuswami odayar v. savarimuthu udayar : air1963mad249 in the following terms:the act is intended to afford relief to indebted agriculturists providing for scaling down all debts due by them either by wiping out the outstanding interest or reducing the rate of intsrest agreed to be paid by an .....

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Apr 12 1989 (HC)

Kaliyammal and ors. Vs. Raghurama Gounder

Court : Chennai

Reported in : AIR1989Mad286

..... act to provide for the relief of certain indebted persons in the state of tamil nadu.'and under act l3 of ..... bivi v. mohamed mohideen nachiar : air1943mad87 wherein it was held that the legal representatives and assigns of indebted agriculturist debtor are entitled to claim the benefits of the tamil nadu agriculturists debt relief act, 4 of 1938. further, the definitions of 'debt', 'debtor' 'creditor' are in pari materia with the later acts 38 of 1972 and 13 of 1980 and 50 of 1982, in all these cases the legal ..... 1938 particularly, the definitions of 'debtor' 'debt' 'creditor' 'mortgagee, 'person' are in pari materia with the prpvisions of the tamil nadu debt relief acts 38 of 1972. 13 of 1980 and act 50 of 1982. the preamble of act iv of 1938, reads as follows-'an act to provide for the relief of indebted agriculturists in the state of tamil nadu'.while the preamble of act 38 of 1972 reads as follows-'an ..... think, in a legal sense, that money only can be said to be due, which may be recovered by action. that which a man is under no legal obligation to repay, for whatever reason, is in my opinion no longer money due.'thus, it is clear from this that money can be said to be due only when it may be .....

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Apr 05 1979 (HC)

Venkatachalarn Chettiar Vs. Adaikappa Chettiar and anr.

Court : Chennai

Reported in : AIR1980Mad102

..... was a deliberate departure made by the legislature, the learned judge was of the view that an agriculturist was bound to pay the decree debt, while a person who came within the meaning of 'an indebted person' under tamil nadu act 16 of 1976 was not expected to respect a decree, but, on the other hand could seek for temporary relief in ..... a contrast between the expression 'debt' as defined in the tamil nadu act 16 of 1976 and that defined in the tamil nadu act 15 of 1976. having regard to the definition of 'debt' in the tamil nadu act 15 of 1976, the learned judge was of the view that the decree debt was not a debt from payment of which an agriculturist could claim temporary relief under the tamil nadu act 15 of 1976. as there ..... act, or in respect of a hindu joint family debt, on the application of any member of the family whether or not he is the judgment ..... be recoverable in addition to the sum recoverable under the provisions of section 7'. section 15 of the act dealing with amendment of certain decrees provides that where before the 14th july, 1978, a court has passed a decree for the repayment of a debt, it shall, on the application of any judgment debtor who is a debtor within the meaning of this .....

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