AI Overview...
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Government Loan Without Permission - The case of Thakur Paper Mills Ltd. involved a loan from the Industrial Finance Corporation, which was defaulted upon. The corporation's proceedings highlighted issues related to improper maintenance and unauthorized leasing of mortgaged property. This underscores that loans advanced for industrial development require proper authorization and adherence to legal procedures. Industrial Finance Corporation Of India VS Thakur Paper Mills Ltd. And Anr. - Patna
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Court Authority and Permission for Charges - Trustees or agents, such as muttawalis, cannot create charges or mortgage properties without prior court permission. The court emphasized that such actions are beyond the powers of trustees without explicit approval, aligning with the principle that certain transactions require judicial consent to be valid. Sailendra Nath Palit VS Syed Hade Kaza - Calcutta
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Co-operative Society and Borrowing Restrictions - Members of a cooperative society cannot assign, underlet, or part with possession of allotted tenements without prior written approval from the managing committee, and such permissions must be registered under relevant laws. This highlights the importance of formal approval and legal compliance in borrowing or transferring property rights within cooperative societies. Harsukh Jadhavji Joshi VS Ramesh Himatlal Shah - Bombay
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Loans for Government Land Revenue and Estate Preservation - Loans taken to pay government land revenue or prevent estate sequestration are recognized as necessary and valid. The courts have acknowledged that borrowing on bonds or mortgages for such purposes is permissible, though some courts have questioned certain decisions without full argument. This illustrates that loans for government obligations are generally accepted as legitimate, provided they are for necessary purposes. Tadavarti Bapayya and four others VS Myneni Pundarikakshayya - Madras
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State Government Liability and Contract Validity - The State Government was found not liable for certain contracts, such as those involving land or property, indicating that government entities are not automatically responsible for all contracts unless explicitly bound by law. This emphasizes the principle that government liability depends on the specific contract terms and legal context. The Commissioner For Hindu Religious And Charitable Endowments VS G. Veluchamy - Madras
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Government Promissory Notes and Loan Repayment - Individuals like Jyoti could have obtained funds through government promissory notes without incurring debt, but loans sanctioned without fulfilling conditions or proper authorization are invalid. Repayment was proposed through transfer of promissory notes, demonstrating that government securities can serve as legitimate repayment instruments if loans are properly sanctioned. Lala Mukti Prokash Nande VS Srimati Iswari Dei Debi - Calcutta
Analysis and Conclusion:
Loans obtained by government servants or entities without proper permission or legal authority are generally considered invalid or unauthorized. Courts emphasize the necessity of judicial approval for creating charges or mortgages on property, especially in cases involving trustees or similar authorities. Borrowing for legitimate purposes, such as paying government dues or preventing estate sequestration, is usually accepted, but all transactions must adhere to statutory and procedural requirements. Unauthorized loans or charges can lead to legal nullity, highlighting the importance of obtaining requisite permissions before lending or mortgaging government or related properties.
Search Results for "Government Sarvent Lending Loan Without Parmission"
1971 0 Supreme(Pat) 30 • India - Patna
KANHAIYAJI, S.N.P.SINGH
the plant and machinery were not being properly maintained and that the Company had leased out parts of the mortgaged property without ... Fact of the Case: The Industrial Finance Corporation (Corporation) advanced a loan to Thakur Paper Mills Ltd. ... The Company defaulted on the loan, and the Corporation filed a proceeding under Section 30 of the Industrial Finance Corporation ... The object was to advance loan to industrial concerns for industrial development. This was followed by the State Government#HL_E....
1931 0 Supreme(Cal) 288 • India - Calcutta
The court also held that the charge created by the trustees without permission of the Court was beyond their power and could not ... necessity without any reference to the past. ... Sargent, C. J., observed: The case was said to be similar to that of an executor contracting a loan for the purposes of the estate by English law: see Farhall v. ... A muttawali on the other hand has no power, without the permission of the Court, to mortgage, sale or exchange wakf property....
1972 0 Supreme(Bom) 145 • India - Bombay
G.N.VAIDYA
His suit is pending in the city Civil court, The judgment-debtor filed a chamber Summons on March 28, 1972, without prejudice to the suit. ... There can never be a co-operative society without its bye-laws registered under the Act. ... A member to whom a tenement is allotted shall occupy it himself and shall not assign, underlet, vacate or part with the possession of the tenement or any part thereof without the previous consent in writing of the Managing committee subject to prior written permission fro....
1949 0 Supreme(Mad) 34 • India - Madras
B.K.MUKHERJEA, MEHRCHAND MAHAJAN, H.J.KANIA, S.FAZL ALI
... In this case a loan had been taken to pay Government land revenue and to save the estate from sequestration. Similarly some other loans had been borrowed on simple bonds and on mortgages for necessary purposes. ... This High Court has come to a different conclusion, but, it seems without having had the advantage of a full argument and without considering the views of the other High Courts. ... The principle, however, to be applied, whether in respect of an express charge in writing or by deposit or of a loa....
1987 0 Supreme(Mad) 73 • India - Madras
S.SWAMIKKANNU
It was held in that case that the State Government was not liable in respect of any of these contracts. ... A.5 had also been issued to in the name of Madhava Desiga Swamigal as the institution was in possession of a portion of the Government poramboke. ... On appeals preferred by the State of Madhya Pradesh, the High Court set aside the decree against the State Government and allowed the appeals with costs. ... B.1 that the villagers used to approve the appointment, In short, the contention of the appellant herein is that the lower court....
1920 0 Supreme(Cal) 285 • India - Calcutta
SYED SHAMSUL HUDA, RICHARDSON
That Jyoti could have found the money without contracting a debt is perfectly clear. He had Government promissory notes jointly belonging to himself and his brothers, the face value of his share being Rs. 5,000. ... In the first place, he was only concerned with the interest of the minors who were lending the money and in the second place, the conditions upon which the Judge sanctioned the loan were not fulfilled. 38. ... The loan is to be re paid by transfer of Government promissory ....
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