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 : 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 : 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 : 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 : 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 : 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 : Orissa
Reported in : 1995(II)OLR456
..... by a court on the 1st april, 1936 or thereafter on the basis of a loan remains unsatisfied in whole or in part on the date on which the orissa moneylenders (amendment) act, 1947 (orissa act xvii of 1947) comes into force, the court which passed the decree or the court or other authority to which the decree is sent for execution shall, on the application of the judgment debtor, exercise the powers specified in sub-section (2) and the decree shall be modified ..... as is referred to in sub-section (1), it is found that the amount already realised as interest through court or otherwise, for the period preceding the institution, of the suit is greater than the amount of the loan originally advanced, so such of the said amount of interest as is in excess of the loan shall be appropriated towards the satisfaction of the loan and the court shall pass a decree for the payment of the balance of the loan, if any. ..... and apropriation of excess interest towards loan--(1) 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 any suit whether brought by a money lender or by any other person in respect of a loan advanced before or after the commencement of this act, pass a decree for an amount of interest for the period preceding the institution of the suit which, together with any amount already realised as ..... the scope and ambit of sections 7-c and 10 of the orissa money-lenders act, 1939 (in short, the 'act') .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori6
..... this case too is beside the point in consideration of the special provisions of the orissa moneylenders' act. ..... as already stated, the issue, main if not the only, between the plaintiff and the defendant 8 is whether the latter is a purchaser at a bale in execution of a decree of a court of the part of the properties subject to the mortgage, the purchase having been made prior to the coming into force of the act, and as such, if entitled to the benefits available to a debtor under the orissa money-lenders' act. ..... to mortgage' within the mischief of exception 3 clause (i) of section 2, orissa money lenders act (orissa act iii [3] of 1939); and that (iii) conceding that the defendant 8's purchase was at a sale of the mortgage properties 'subject to mortgage' within the exception clause, it would except only the proportionate amount as mentioned in the said clause payable in respect of the properties purchased ; in that view, the decree, as passed for the entire mortgage-money by sale of schedules b 1 and b-2 properties irrespective of the ratio it bears to the entire mortgage properties in value in the hands of the appellant, is not sustainable .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori147
..... if mere possession were to be the test then a mortgage by conditional sale or even an english mortgage would equally be affected lay schedule 7, orissa moneylenders' act. ..... 1 and 2 can only be described as anomalous mortgages and, as such, they are outside the purview of schedule 7, orissa moneylenders act. ..... rao that all kinds of mortgages with possession are governed by schedule 7, orissa moneylenders act.5. ..... 1 and 2) are usufructuary mortgage bonds and are statutorily discharged under schedule 7, orissa moneylenders act. ..... this section provides:'notwithstanding anything to the contrary contained in any other law or anything having the force of law or in any contract, an usufructuary mortgage executed before or after the commencement of this act shall, unless discharged previously, be deemed to stand discharged after the expiration of 15 years from the date of the mortgage'.in this case the mortgagee has admittedly been in possession for more than 15 years. ..... act, all that the mortgagor does is to authorize the mortgagee to take possession of the mortgaged properties until the entire amount of mortgage is paid off and to receive the rents and profits accruing from the land either in lieu of interest or in payment of the mortgage money. ..... the act further defines 'anomalous mortgage' as a mortgage which is neither a simple mortgage nor a usufructuary mortgage. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1954Ori37; 19(1953)CLT362
..... thus:'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 any suit whether brought by a moneylender or by any other person in respect of a loan advanced before or after the commencement of this act, pass a decree for an amount of interest for the period preceding the institution of the suit which, together with any amount already realised as interest through court or otherwise, is greater than the amount of the loan originally advanced. ..... tile trial court, accepting the legal position relied upon by the plaintiffs, that they are entitled to reopen the previous transactions under the provisions of section 10, orissa money-lenders act, has decreed the suit on the following terms: 'that the suit be decreed on contest against defendant 1 in favour of the plaintiffs as well as defendants ..... the petition, however, was not pressed by defendant 2 and the deposit is still in court.the plaintiffs bring this suit seeking relief under the provisions of section 10, orissa money-lenders act on the allegations that the cash consideration that passed between the creditor and the debtors in respect of the above three transactions, that is, promissory notes dated 19-4-1931 and 11-8-1936 and the mortgage bond dated 13-4-1937, ..... of berhampur,and is brought by the creditor (defendant 1), thecourt having allowed relief under the provisions of section 10, orissa money-lenders act in favour of the plaintiffs. .....
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