Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Debt Relief Scheme for agriculturists |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Debt Relief – Debt Relief Scheme for agriculturists – The appellants-farmers took a loan from the first respondent for purchasing a tractor – Appellants sought a waiver of loan under the notified schemes – However, their claim was denied – The District Forum held that appellants fell in the category of small farmers and amount was waived – However, the National Commission denied complete waiver of loan – On appeal, held: The National Commission came to the contrary conclusion on the sole ground that the land of the appellants was situated in the district which was not included in Annexure-I u/cl. 6 of the scheme – However, the appellants had made claim u/cl.5 and not u/cl.6 – Therefore, the finding of the National Commission was erroneous – Further, explanation 2 to the definition of the marginal farmer, small farmer and other farmer provided that the largest land holding in the pool shall be the basis for the classification of all farmers – u/cl. 3.6 of the scheme, a ‘small farmer’ meant a farmer cultivating agricultural land of more than 1 hectare and upto 2 hectares (5 acres) – In the instant case, both the farmers had a holding of 38 Kanals eleven marlas each – The District Forum had carefully evaluated this aspect and came to the conclusion that the largest of the landholdings of the two appellants was 4 acres 6 kanals and eleven marlas and hence both the appellants fell in the category of small farmers – The findings was in terms of the provisions and was correct – Thus, the judgment of the National Commission set aside and the order of the District Forum which was confirmed in appeal by the State restored. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 50 |
Petitioner | Satpal And Anr. |
Respondent | Bank Of India And Ors. |
SCR | [2020] 5 S.C.R. 34 |
Judgement Date | 2020-01-17 |
Case Number | 367 |
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