Pronote recovery
venkatesh darasi
(Querist) 06 November 2011
This query is : Resolved
we are for plintiff to recovery of money,but they are taking defence under kar debt relif act.pls..give any rulings in support of plaintiff.
ajay sethi
(Expert) 06 November 2011
An Act to provide relief from indebtedness to small farmers, landless agricultural labourers and weaker sections of the people in the State of Karnataka
section 4 (b) no Civil Court shall entertain any suit or proceeding against the debtor for the recovery of any amount of such debt including interest, if any:
Provided that where a suit or proceeding is instituted jointly against the debtor and any other person nothing in this section shall apply to the maintainability of the suit or the proceeding in so far as it relates to such other person:
(c) all suits and proceedings (including appeals, revisions, attachments or execution proceedings) pending on the said date against any debtor for the recovery of any such debt shall abate:
Provided that nothing in this clause shall apply to the sale of,-
it depends upon the facts of your case . section 8 provides that it shall not affect recovery of follwing debt and liablities
(a) any rent due in respect of any property let out to such debtor;
(b) any amount due under a hire purchase agreement;
(c) any amount recoverable as arrears of land revenue;
(d) any liability arising out of breach of trust or any tortuous liability;
(e) any liability in respect of wages or remuneration due as salary or otherwise for services rendered;
(f) any liability in respect of maintenance whether under a decree of a court or otherwise;
(g) a debt due to,-
(i) the Central Government or any State Government ;
(ii) any local authority;
(iv) any Government company within the meaning of the Companies Act, 1956;
(v) the Life Insurance Corporation of India;
(vi) a Co-operative Society; and
(h) any debt which represents the price of goods purchased by such debtor.
(iii) a credit agency as defined in the Karnataka Agricultural Credit Operations
prabhakar singh
(Expert) 06 November 2011
If they are covered by Act then you have no hope of decree against them.There cannot be case law against it.
