Sawakari case
Bhika Reghiwale
(Querist) 09 September 2015
This query is : Resolved
A
Sir my son made a sell agreement for his land on security basis and borrowed loan from illegal Savkar. On the other hand this Sawakar filed a civil suit on this agreement for his selldeed. My son also lodged a complaint in District Registrar court against this illegal Savkar. And submitted all possible proofs against this.Now today after 4 years of lengthy hearing , this Registrar is asking our lawyer to show the ruling that "whether this registrar can decide this case, if suit for property is in progress in the civil court." Pl guide me early for tomorrow's date . Maharashtra Savkari act 2014 may be referred.& the powers given to the district Registrar cooperative in case of farmers Savkari cases.
P. Venu
(Expert) 10 September 2015
Which is illegal - the savkar or the loan? How?
Rajendra K Goyal
(Expert) 10 September 2015
Ruling / citation / judgement not provided in this section.
Hemant Agarwal
(Expert) 10 September 2015
1. District Registrar is a quasi-judicial authority and cannot pass ANY order, on sub-judice matters (case is pending in civil court)
2. A civil judge can decide the matter, unless the civil judge remands the matter to the District Registrar.
3. It is illegal to Lend and/or Borrow using a "illegal and unregistered money lender". It has no force of law for you and neither for the lender.
4. You may file criminal case of extortion and intimidation & threatening against the money lender.
Keep Smiling .... Hemant Agarwal
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Bhika Reghiwale
(Querist) 11 September 2015
A
Agrawalji.
Subjudice matters are different.1
One court is dealing in illegal matters of Savkar , vide the order of district collector Akola , as per new Maharashtra Money lending Act 2014 in case of farmer to prove whether it is a illegal money lending case or not. 2.other is civil court dealing in property suit. Hence subject matters are quite different. Then the question of not making any inquiry and submitting detail report & decision� to collector does not arise in Sr no. 1.by the District registrar. On the contrary it will be the legal help to decide the civil case early. This court will also permit & appreciate it. Pl. note that all cases of farmers of illegal money lending are dealt in this court only, which is specially formed by the Maharashtra money lending act. Different court are having different powers & jurisdictions .
T. Kalaiselvan, Advocate
(Expert) 18 September 2015
Since you have engaged an advocate he will be able to guide you more properly on all these issues than the experts here who do not know what type of cases are filed in different courts.
