Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1] [Entire Act]

State of Maharashtra - Section

Section 38 in The Maharashtra Agricultural Debtors Relief Act, 1947

38. Award to be registered how executed.

- [(1) Every award made under this Act [if it is in respect of debts charged on the properties of the debtor] [This sub-section was substituted for the original by Bombay 70 of 1948, Section 11(1).] shall, on payment of the court-fee payable under section 44, be registered in the manner provided in Chapter II-A.]
(2)The court-fee on the award shall be paid by the party ordered by the Court to bear the costs:Provided that any creditor who is not ordered to bear the costs may pay such court-fee. Such creditor shall be entitled to recover the amount of court-fee paid by him, from the debtor with the first instalment payable to him under the award:Provided further that no court-fee shall be payable by a co-operative society.
(3)The award [* * *] [The words 'so registered' were deleted by Bombay 37 of 1950, Section 7.] shall be executed as follows:-
(i)If the debtor makes default in the payment of any instalment due under the award to any creditor such creditor may apply in the prescribed form to the Court for execution of the award.
(ii)If the Court on receipt of such application is satisfied that the debtor has made default in the payment of the instalment the Court shall transfer the award for execution to the Collector and thereupon the Collector shall recover the amount of the instalment from the debtor as arrears of land revenue:
Provided that nothing in [clauses (i) and (ii)] [These words, brackets and figures were substituted for 'this sub-section' by Bombay 70 of 1948, Section 11(2).] shall affect the right of Government, a local authority or a co-operative society to have recourse to any mode of recovery allowable by any law for the time being in force.
(iii)[ If the Court has passed an order for the delivery of possession of any property under clause (v) of sub-section (2) of section 32 such order shall on the application be executed by the Court as if it were a decree passed by it.] [This clause was added by Bombay 70 of 1948.]