SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1952 Supreme(Bom) 73

CHAGLA
Shankar Nagu – Appellant
Versus
Mahibub Bandu – Respondent


Advocates:
Y.V. Chandrachud, for Petitioner; V.S. Desai, for Opponent No.1.

Judgement

CHAGLA, C.J. : - The petitioner made an application under S.4, Bombay Agricultural Debtors Relief Act for the adjustment of his debts. That application was dismissed and there was an appeal to the learned District Judge who confirmed the order of the trial Court.

2. Now, it has been found as a fact that a Board for adjustment of debts was established in Pandharpur, the area with which we are concerned, on January 1, 1942, and the last date for making an application for the adjustment of debts under the old Act of 1939 was June 30, 1943, and it has been found that the petitioner was a debtor within the meaning of the old Act and he should have made an application under the provisions of the old Act. If that be so, it is clear that his application under S.4 of the present Act is barred. Section 4 requires three conditions. He must be a debtor, he must make an application before August 1, 1947, and also in the area in which he resides no Board under the repealed Act must have been established before February 1, 1947. Therefore, if a Board was established prior to February 1, 1947, the section bars his application. If the Board was established after February 1, 1947, then the a











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top