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chit funds

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whetehr the Kerala Chitties Act 23 of 1975 became repugnant to the Central Chit Funds Act 40 of 1982 under Article 254(1) upon making of the Central Chit Funds Act 40 of 1982 (i.e. on 19.08.1982 when the President gave his assent) or whether the Kerala Chitties Act 23 of 1975 would become repugnant to the Central Chit Funds Act 40 of 1982 as and when notification under Section 1(3) of the Central Chit Funds Act 40 of 1982 bringing the Central Act into force in the State of Kerala is issued? On timing, we hold that, repugnancy arises on the making and not commencement of the law, as correctly held in the judgment of this Court in Pt. Rishikesh and Another v. Salma Begum (Smt) [(1995) 4 SCC 718]. ii) Applying the above test, we hold that, on the enactment of the Central Chit Funds Act, 1982, on 19.08.1982, which covered the entire field of “chits” under entry 7 of List III of the Constitution, the Kerala Chitties Act, 1975, on account of repugnancy as enshrined in Article 254(1), became void and stood impliedly repealed. That, on the occupation of the entire field of “chits”, the Kerala Legislature could not have enacted the State Finance Act No. 7 of 2002, inserting Section 4(1a) into the Kerala Chitties Act, 1975, particularly on the failure of the State in obtaining Presidential assent under Article 254(2). iii) That, the Central Chit Funds Act, 1982 though not brought in force in the State of Kerala is still a law made, which is alive as an existing law. By reason of Article 367 of the Constitution, the General Clauses Act, 1897 applies to the repeal. Section 6 of the General Clauses Act, 1897 is, therefore, relevant, particularly Sections 6(b) and 6(c) and consequently, the previous operation of the Kerala Chitties Act, 1975 is not affected nor any right, privilege, obligation or liability acquired or incurred under that repealed State Act of 1975. Thus, after 19.08.1982, the Kerala Chitties Act, 1975 stands repealed except for the limited purposes of Section 6 of General Clauses Act, 1897. If and when the Central Government brings into force the Chit Funds Act, 1982 by a notification in State of Kerala, under Section 1(3), Section 90(2) will come into play and thereby the Kerala Chitties Act, 1975 shall continue to apply only to chits in operation on the date of commencement of the Central Chit Funds Act, 1982 in the same manner as the Kerala Chitties Act, 1975 applied to chits before such commencement. 29. The reference is answered accordingly.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6660 OF 2005 State of Kerala & Ors. … Appellant(s) versus M/s. Mar Appraem Kuri Co. Ltd. & Anr. …Respondent(s) with Civil Appeal Nos. 6661/2005, 6662/2005, 6663/2005, 6664/2005, 6665/2005, 6666/2005, 6667/2005, 6668/2005, 6669/2005, 6670/2005, 6671/2005, 6672/2005, 6673/2005, 6674/2005, 6675/2005, 6676/2005, 6677/2005, 6678/2005, … Continue reading

With regard to the damages for use and occupation of the premises in question after 31.3.2009, as the second option has not been given within the time prescribed under the lease deed, the second defendant can be said to be unauthorized tenant. Therefore the landlord is entitled to damages for use and occupation. 13. It is not in dispute that it is agreed between the parties that for every five years, there is an increase of 20% in the rent. If that is taken into consideration, certainly, the landlord is entitled to a sum of Rs.24,000/- per month towards damages for use and occupation of the premises in question by the defendants bank from 1.4.2009. Hence, the damages granted by the trial Court for use and occupation of the premises in question by the second defendant bank are modified, and the defendants are directed to pay damages @ Rs.24,000/- per month from 1.4.2009 till the date of vacating the premises. 14. The learned counsel for the appellants submitted that the appellants are doing banking operations in the premises in question and that there are many formalities and lengthy procedure for vacating the premises by the defendants bank i.e. they have to obtain permission from the Reserve Bank of India, and they have to secure suitable alternative accommodation for the bank, and hence, he prays to grant considerable time i.e. till the end of the year 2012, to vacate the premises in question. Considering the facts and circumstances of the case, reasonable time can be granted to the appellants/defendants to vacate the premises in question. 15. In the result, the Appeal Suit is dismissed, directing the appellants/defendants to vacate the suit schedule premises on or before 31.12.2012 and to pay Rs.24,000/- per month for use and occupation of the premises from 31.3.2009 till vacating the premises. It is also made clear that the appellant shall give an undertaking before the trial Court that they will vacate the premises in question on or before 31.12.2012. No costs.

THE HON’BLE SRI JUSTICE K.C.BHANU APPEAL SUIT NO. 558 OF 2011 12.09.2011 Between: Central Bank of India & another …Appellants And Kurnool Chit Funds Private Limited …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU APPEAL SUIT NO. 558 OF 2011 JUDGMENT : 1.       This appeal has been filed challenging the judgment and decree dated 24.06.2011 in Original Suit … Continue reading

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