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K. Appa Rao Vs. V.L. Varadaraj (Since Deceased) and ors.

Court : Chennai

Subject : Civil

Reported in : (1981)1MLJ57

was substantially unfair and this would entitle the appellant So have the provisions of Section 3 of the Usurious Loans Act 1918 applied to the transaction in question. Learned Counsel would also urge that the provisions of the Tamil Nadu … the recovery of the amounts due on a promissory note, marked in this case as Exhibit P-1, dated 27th March, 1967, executed by the defendant for a sum of Rs. 49,671 with interest thereon at 101/2 per

State Bank of Hyderabad and Etc. Etc. Vs. Advath Sakru and Another Etc ...

Court : Andhra Pradesh

Subject : Banking

Acts : Madras Agriculturists Debt Relief Act, 1938 - Sections 4; Usurious Loans Act, 1918 - Sections 3(1) and (2); Banking Regulations Act, 1949 - Sectiona 21A, 21(2), (3) and 46(3); Banking Companies Act; Usurious Loans (Madras Amendment) Act, 1936; Usury Laws Repeal Act, 1855; Landlord and Tenant (Amendment) Ordinance, 1957; Punjab Pre-emption (Repeal) Act, 1973 - Sections 3; Transfer of Property Act; West Bengal Premises Tenancy Act, 1956 - Sections 13(1); Assam Nonagricultural Urban Areas Tenancy Act, 1955 - Sections 5(1); Punjab Customs (Power to Contest) Amendment Act, 1973 - Sections 1(2), 7, 7(1), (2) and 9; Punjab Laws Act, 1872 - Sections 5; Benami Transactions (Prohibition) Act, 1988 - Sections 4; Code of Civil Procedure (CPC), 1908 - Sections 34 - Order 3

Reported in : AIR1994AP170; 1993(1)ALT608

prohibited/debarred from reopening the transactions entered into between the Banking Company and its debtor invoking the provisions of Usurious Loans Act, 1918 (for short 'Act 10 of 1918') irrespective of the fact whether the transaction was entered into prior to … matter is brought before the Court and a relief is sought under the provisions of Act 10 of 1918, Section 21-A comes into action and bars the Court from giving such relief. In elaboration of the above, it … respect of a loan or for the redemption of any such security.' 20. Proviso to clause (b) of sub-section (2) of Sec. 3 is to the effect that in the case ofloans to agriculturists if compound interest is

Muthian Vs. Syndicate Bank, Pollachi

Court : Chennai

Subject : BankingCompany

Acts : Usurious Loans Act, 1918 - Sections 3(l); Banking Regulation Act, 1949 - Sections 2 and 21-A; Banking Regulation (Amendment) Act, 1984 - Sections 24

Reported in : AIR1987Mad248; [1989]65CompCas333(Mad); (1988)IMLJ45

the rate of interest to 141/2 per cent by the respondent Bank, from 23-7-1974. In this regard,. the Usurious Loans Act, 1918, as amended by the Tamil Nadu Amendment, Act 8 of 1937, which gives the discretion to the Court … precluding the Court from scrutinising the rate of interest under the provisions of the Usurious Loans Act, since Section 2 of the Banking Regulation Act makes it clear that the provisions of any other enactment and their application

Karipineni Rajayya and ors. Vs. Vallurupalli Ramachandra Rao and ors.

Court : Chennai

Subject : Civil

Acts : Debt Law; Usurious Loans Act, 1918 - Sections 3(2); Madras Usurious Loans (Amendment) Act, 1938 - Sections 2; Madras Agriculturists Relief Act, 1938 - Sections 3

Reported in : AIR1954Mad488

proportionate costs here and in the courts below. Civil - agriculturist's relief - Debt Law, Section 3 of Usurious Loans Act, 1918, Section 2 of Madras Usurious Loans (Amendment) Act, 1938 and Sections 3 and 7 of Madras Agriculturists Relief Act, 1938

Kidar Nath Vs. Mangat Rai and ors.

Court : Supreme Court of India

Subject : Property

Acts : Punjab Relief of Indebtedness Act, 1934 - Sections 30; Usurious Loans Act, 1918 - Sections 2 and 3(2)

Reported in : (1969)3SCC588; [1970]3SCR213

of Damdupat incorporated in Section 30 of the Punjab Relief of Indebtedness Act, 1934 had no application; but Section 2 of the Usurious Loans Act, 1918, as amended by the East Punjab Act 4 of 1948 applied. The … and claimed an account under Section 30 of the Punjab Relief of Indebtedness Act, 1934, and also of Usurious Loans Act, 1918, as amended by the East Punjab Amendment Act 4 of 1948. The representatives of the mortgagee contended, inter

Togendranath Raj and anr. Vs. State Bank of India

Court : Andhra Pradesh

Subject : Company

Acts : Banking Regulation Act, 1949 - Sections 21A ; Usurious Loans Act, 1918 - Sections 3, 3(1) and 3(2); Hyderabad Agricultural Debtors' Relief Act, 1956; Usury Laws Repeal Act, 1855; Usurious Loans (Madras Amendment) Act, 1936

Reported in : [1988]63CompCas405(AP)

applies to appeals pending on that date 2. Section 21A declares : 'Not withstanding anything contained in the usurious Loans Act, 1918, or any other law relating to indebtedness in force in any State, a transaction between a banking company

Sudhangshu Mohan Chakraborty Vs. Life Insurance Corporation of India a ...

Court : Kolkata

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 96 and 97; ;Bengal Money Lenders Act, 1940 - Sections 2(12), 45A and 45A(2); ;Usurious Loans Act, 1918 - Section 3(1); ;Constitution of India - Article 38; ;Bengal Money Lenders Act, 1933

Reported in : (1988)2CALLT281(HC),92CWN1092

Judge was wrong in making the preliminary decree final rejecting the defendant-appellant's application under Section 3 of the Usurious Loans Act, 1918 on the erroneous impression that the provisions of that Act can not be invoked after the passage of … 'loan' within the meaning of the said Act. The plaintiff-respondent was the Life Insurance Corporation of India and Section 2(12)(d)(ii) of the Bengal Money-Lenders Act of 1940 clearly provides that the expression 'loan' for the purpose of the

K.i. Suratwala and Co. Vs. Mahmud Bidi Works Sholapur and ors.

Court : Mumbai

Subject : Commercial

Acts : Bombay Money Lenders Act, 1946 - Sections 2(6), 2(9) and 25; Usurious Loans Act, 1918 - Sections 2(2); Stamp Act, 1899 - Sections 35

Reported in : AIR1972Bom238; (1972)74BOMLR131; ILR1972Bom317; 1972MhLJ340

of our case.18.Mr. Gumaste also invited our attention to the definition of loan in Section 2(2) of the Usurious Loans Act, 1918 (Act 10 of 1918) which provides that a 'loan' means a loan whether of money or in kind

Bank of India, Vijayawada Vs. Katamaneni Suryanarayana and Others

Court : Andhra Pradesh

Subject : Constitution

Acts : Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938 - Sections 4 and 13; Constitution of India - Article 14; Banking Regulations Act, 1949 - Sections 21 and 21(1), (2) and (3); Andhra Pradesh (Andhra Area) Co-operative Societies Act, 1932; Banking Companies Act - Sections 21A; Rajaji Act - Sections 4; Usurious Loans Act, 1918; Agricultural Debt Relief Act; Rajasthan Jagirdars' Debt Reduction Act, 1957 - Sections 2; Rajasthan Land Reforms and Resumption of Jagirs Act, 1952 - Sections 2

Reported in : AIR1992AP345; 1992(1)ALT125

the contentions pertaining to the effect of S. 21A of the Banking Companies Act on the applicability of Usurious Loans Act, 1918 and if the said Act is held attracted, whether the appellant is able to rebut the presumption of … Choudary, J. reported in Indian Bank, Palakole v. D. Venkata China Krishnam Raju, 1988 (2) ALT 148 holding Section 4(e)of the Agriculturists Relief Act as unconstitutional, held that the plaintiff Bank is not entitled to the exemption

Bank of Madura Ltd. Vs. Maddi Venkata Subrahmanyam and anr.

Court : Andhra Pradesh

Subject : Company

Acts : Banking Regulation Act, 1949 - Sections 21A; Usurious Loans Act, 1918 - Sections 3(2); Madras (Amendment) Act, 1936; Code of Civil Procedure (CPC), 1908 - Sections 34

Reported in : [1992]73CompCas541(AP)

reduce it. Section 21A of the Banking Regulation Act reads as follows : 'Notwithstanding anything contained in the Usurious Loans Act, 1918 (10 of 1918), or any other law relating to indebtedness in force in any State, a transaction between … by the plaintiff in O.S. No. 312 of 1984 on the file of the Additional Subordinate Judge, Guntur. 2. The plaintiff-bank a suit for recovery of a certain sum of money from the defendants under an equitable