Court : Chennai
Reported in : (1974)1MLJ334
..... ,36. section 9 of the orissa moneylenders act, 1939, provides that notwithstanding anything to the contrary contained in any other law or in anything having the force of law or in any contract, no court shall, in respect of a loan advanced after the commencement of the act, pass a decree for interest at rates exceeding 9 per centum simple per annum in the case of a secured loan and 12 per centum simple per annum in the case of an unsecured ..... .38. under section 9 of the mysore money-lender act, 1939, every moneylender shall in respect of every loan advanced by him after the commencement of the act and every transaction made by him after the commencement of the act relating to any loan advanced by him before the commencement of the act, regularly record and maintain or cause to be recorded and maintained, an account; in such form, language, script and numerals as the government may ..... 3, he held that the mortgage debt in question and the rate of interest stipulated in the mortgage deed, exhibit a-1, were not liable to be reopened under section 3(1) of the usurious loans act (central act x of 1918), as amended by madras act viii of 1937 and that the madras moneylenders act, 1957, not having retrospective effect, did not affect the rate of interest provided in exhibit a-1, the mortgage-deed, which admittedly came into existence prior to the coming into force of the said act, and consequently he answered that issue against the appellants. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori11
..... the plaintiffs can only recover the amount due from the assets of the joint family in the hands of the defendants, (vi) the suits were not properly framed inasmuch as the kartas were not sued as such; and (vii) the suits are hit by rules 11 and 12 of the orissa moneylenders rules, 1939, framed under orissa act (iii of 1939).7. ..... 6 of 1954, decided on july 26, 1960, where it was found that the copy of accounts required by clause (iii) of rule 11 had not been furnished with the plaint, but as the learned judges held that it was the admitted case of both parties that no payment had been made since the date of their incurring the loan and there was no other term agreed to between the moneylender and the debtor, there was substantial compliance with the provisions of rule 11. ..... section and is, therefore, inadmissible in evidence.on the principle underlying in the provision of section 54 of the income-tax act making documents confidential as between the maker thereof and the income-tax department, it is obvious that apart from the maker thereof no one has got a right to inspect the same, and that being the position, certified copies obtained thereof on behaif of a person other than the maker thereof cannot be treated as certified copies within the meaning of section 75, evidence act, and will not, therefore, be admissible .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori17; 18(1952)CLT362
..... they further alleged that by reason of the fact that the mortgagee-defendants had remained in possession from 1919 (the date when the mortgage-debt was incurred by dhunilal) till 1941 (where the plaintiffs took possession) the mortgage-debt must be deemed to have been statutorily discharged by virtue of the provisions of section 17 of the orissa moneylenders' act (orissa act iii of 1939 as amended in 1947). ..... as regards the contention of the plaintiff that the mortgage debt must be deemed tohave been extinguished by operation of section 17 of the orissa moneylenders act, i agree thatthough it may be said that the defendants arein possession as 'usufructuary mortgagees' itcannot be said that they were in possessionunder an usufructuary mortgage 'executed' before or after the act. ..... but in view of the language used in section 17 of the orissa moneylenders act an oral debt cannot be said to have been discharged by the mortgagee's remaining in possession for fifteen years even after the completion of his title by prescription. ..... misra, relying on these two cases is that the plaintiffs should be non-suited unless they proved, firstly, that the defendants are in possession under an usufructuary mortgage and secondly that the usufructuary mortgage in question was 'executed' before or after the commencement of the orissa moneylenders act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1981Ori180; 52(1981)CLT249
..... petitioner is a registered moneylender under the provisions of the orissa money lenders act (hereinafter referred to as the 'act') carrying on business in berhampur area within the district of ganjam and in his certificate ofregistration bearing ..... application under article 226 of the constitution of india seeks to assail the order passed by the authority specified under section 18-b of the orissa money lenders act, 1939 (opposite party no. ..... against any order passed by the sub-divisional officer, berhampur under sub-section (2) or sub-section (4) of section 18-b of the orissa money lenders act, 1939 shall be preferred to the collector, ganjam. ..... we quash the orders of the specified and the appellate authorities and direct issue of a writ of mandamus to the opposite party, specified authority to issue the requisite certificate contemplated under section 18-b (2) of the orissa money lenders act to the petitioner in respect of the money lending transactions up to november, 1975, within two months ..... 776/75 -- the state government in exercise of the powers conferred by section 18-b of the orissa money lenders act, 1939 as amended by the orissa money lenders (amendment) ordinance, 1975, do hereby direct that all registered money lenders carrying on business in berhampur tahsil of ganjamdistrict shall produce the records relating to their business including documents evidencing advance of loans to the sub-divisional officer, berhampur, within one month from the date of publication of this .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori37
..... bench are:(1) whether section 10, orissa money-lenders act (act iii [3] of 1939), as amended by section 4, orissa moneylenders amendment act (act xviii [18] of 1947), is retrospective so as to control decrees to be passed in suits and appeals brought before, bat pending at the time, of the commencement of the amending act; and(2) whether in giving effect to the provisions of the section, in a suit based on an agreement by which the parties have agreed to treat the sum-total of the past liabilities, in respect of sum actually lent and the unpaid balance of interest due thereon, as the principal of a fresh loan-transaction, carrying stipulated ..... rate of interest for the future, the court .....
Tag this Judgment!Court : Mumbai
Reported in : (1950)52BOMLR467
..... but before doing so it is necessary to note that during the pendency of the appeal from the subordinate judge to the high court the provisions of the orissa moneylenders act (orissa act iii of 1939) were extended to sambalpur and that the appellants claimed in the high court that they should have the benefit of this act which enables the court to give certain relief to a debtor in respect of interest.11. ..... for apart from any other reason for rejecting them it is conclusive that the high court thought fit to take advantage of the provisions of the orissa moneylenders act, to reopen the whole of the transactions which culminated in the hand note of november 8, 1934, and to allow simple interest at 12 per cent, per annum up to november 7, 1934, and simple interest at 6 per cent, per annum thereafter including the period pendente lite. ..... at all relevant times these three persons carried on business as a hindu joint family as dealers in rice and moneylenders at sambalpur under the name and style of thanduram bajranglal.4. ..... but it appears to them that it is difficult to apply this principle unless the acknowledgment is such as to satisfy the conditions of section 19 of the indian limitation act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori212
..... pointed out, the orissa moneylenders act came into force on 30-6 1999, nearly two years after the passing of the preliminary mortgage decree in the present case. ..... , however, three persons, namely, nakshyatramalini debi chandramani patamahadei and sachidananda narayan deb claiming to be heirs of krushna chandra deb filed applications before the learned subordinate judge for reducing the decretal amount under schedule 0 (1), orissa money-lenders act, 1939 which embodies the well-known rule of damdupat. ..... interpretation was given to section 7, bihar money-lenders (regulations of transactions) act, 1939 and it was pointed out:'the passing of the final decree does not involve the determination of any amount of interest for the period preceding the institution of the suit at all and the preliminary decree in the present case became binding on she parties when it was confirmed on appeal. ..... the question at issue is the right of the appellants to get relief under schedule 0, sub-section (1), orissa money-lenders act (orissa act iii [3] of 1939) in respect of the amount declared due under the preliminary mortgage decree ..... of 1926 against defendant 4 (13th respondent) on the strength of the alleged mortgage-bond dated 13-8-1939 of raja raghunath dab in favour of bhaban bahu, knowing full well that defendant 4 had no right to represent the patia estate and as such the execution ease no. ..... in 1939, however, the title of achhutananda to patia estate was challenged by one krushna chandra deb in 0. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1591
..... the ease arose under section 11 of the bihar moneylenders (regulation of transactions) act, 1939, which it appears empowers an executing court to grant instalments for the payment of amounts previously decreed. ..... we might have accepted this argument if section 24 of the bombay moneylenders act were merely declaratory of the rights of judgment-debtors in the execution of decrees to which that section applies. ..... it may be added that, in our view, an order under section 24 of the bombay moneylenders act is decree even if it is an order rejecting the application, so that the order leaves the original decree unaffected. ..... be paid in such number of instalments land subject to such conditions and payable on such dates, as...it considers fit.section 24 enables the court to give a direction, and the direction so given may itself be executable it must, therefore, follow that the court, while exercising the power under section 24, does not merely act as an executing court, does not merely consider the prevailing law as it applies to the execution of decrees already passed, but decides whether positive directions should be given in partial supersession .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori293; 1985(II)OLR182
..... under section 18b(8) of the orissa money lenders act (3 of 1939) the court held that admittedly the said certificate did not contain particulars of the suit loan. ..... 1500/- stated in the hand-note to have been advanced to them and interest at the stipulated rate.before the appellate court it was contended that the suit was hit under provision of the orissa money lenders act on two grounds, firstly, though the money lending certificate held by the plaintiff at the relevant time was for rs. ..... at this stage it will be helpful to quote section 18b of the orissa money lenders act, 1939.'18-b. ..... (2) the authority specified in the notification referred to in sub-section (1) shall scrutinise the documents with a view to determining if the transactions exceed the amount for which themoney-lender has obtained the registration certificate and shall, after giving the moneylender a reasonable opportunity of being heard, pass an order declaring the particulars of transactions that are within the amount specified in the said certificate. ..... (3) the order referred to in sub-section (2) shall be published by affixture in the notice-board of the authority passing the order and copies thereof shall also be sent to the block development officer and the tahasildar within whose local limits of jurisdiction the moneylender's principal place of business is situate for publication by affixture in the notice-boards of their offices. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1825; (1977)79BOMLR553; 1977MHLJ205(SC); (1977)2SCC670; [1977]2SCR828
..... the affidavit goes on to state:i say that in maharashtra and its predecessor the state of bombay there have been several legislations on this subject including the deccan agricultural debt relief act, 1879, bombay agricultural debtors' relief acts, 1939, 1946 and in the vidarbha areas of the state, the madhya pradesh postponement of execution of decree act, ..... consequences and complicated questions are litigatively terminated summarily, without a second look at the findings by an appellate body, it may well be that unfairness is inscribed on the face of the law, but where little men, with petty debts, legally illiterate and otherwise handicapped, are pitted against moneylenders with stamina, astuteness, awareness of legal rights and other superiority, if the purpose of instant relief is to be accomplished, the provision of an appeal may, in many cases, prove a built-in booby trap ..... offices, textiles mills, factories and elsewhere in bombay to find moneylenders waiting at the gates to catch workers to collect their dues.there is also reference to a number of official committees which have examined the question of indebtedness in the urban and rural areas and have recommended measures of relief. ..... out that institutional credit had hardly penetrated rural india and the non-institutionalised moneylenders had done economic service to a primitive peasantry although several of them had abused the situation of helplessness in which the weaker denizens of backward regions found themselves. .....
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