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Judgment Search Results Home  Phrase:prohibition of charging exorbitant interest act  Page:7

Mar 26 2007

Court on its motion Vs. Union of India (UOI) and Ors.

  • Decided on : 26-Mar-2007

Court : Delhi

Reported in : II(2007)ACC1; 139(2007)DLT244; 2007(96)DRJ580

... that the compounding fee or the composition fee should normally be within the limits of the fine of the charging Section. What is most significant in the dictum of the Supreme Court is 'the same cannot be declared to be either exorbitant or irrational or bereft of guidance'. What is more pertinent is that the rationale or reasonableness of the ... of the Legislature for its consideration and appropriate action. 49. Under the provisions of Motor Vehicles Act (Section 206), the Court taking cognizance of offences under that Act have to dispose of the case as a summary disposal case. The offenders are normally interested in paying the compounding/composition fee to avoid the judicial process and for their own convenience. 50. ... test/inspection by the competent authorities as well as are required to get clearance from the technical committees constituted in accordance with law. Thus, use of black films is prohibited by law and what is impermissible to be achieved directly, cannot be achieved indirectly. The authorities and the traffic police are required to strictly enforce this condition. 9. Besides ... Motor Vehicles Act which empowers the competent authorities to issue lawful directions for implementation of the provisions of the Act. A person who willfully disobeys such lawful directions, has to pay a fine ofRs. 500/- obviously in addition to the punishment prescribed for commission of such an offence. The requirements of law, thus, do not, in any way, prohibit addition of ...

Nov 30 1972

Harisondas Chunilal Chokshi Vs. Prabhavatiben

  • Decided on : 30-Nov-1972

Court : Gujarat

Reported in : AIR1973Guj240; (1973)GLR438

... landlords who might exact exorbitant or unconscionable rents and evict them from the premises in their possession in these days of scarcity of housing accommodation. These twin objects run like a single thread through the entire fabric of the Act. In order to achieve these objects, the Act imposes certain restrictions on the right of landlords in the matter of charging rent and evicting ... , and observes and performs the other conditions of the tenancy, in so far as they are consistent with the provisions of the Act. For the protection of tenants, this sub-section enacts a rule of decision and imposes a prohibition against a landlord recovering possession of the premises demised to a tenant so long as the tenant satisfies, the conditions prescribed in ... ). Baroda against the petitioner inter alia for possession of the suit premises, recovery of a sum of Rs.747.03 Possession. being arrears of rent and mesne profits with future interest and for a permanent injunction restraining the petitioner from transferring the possession of the suit premises to any other person. The case of the opponent as set out in the ... P.D. Desai, J.1. an interesting and important question as to the interpretation of sub-section (4) of Section 11 of The Bombay Rents, Hotel and Lodging arises in this civil revision application House Rates Control Act 1947 thereinafter referred to as ('the act') as well as relating to its constitutional validity similar questions were also raised in four other civil revision ...

Feb 17 1969

Ramrakh and Ors. Vs. Creditors, Rani Co-operative Society

  • Decided on : 17-Feb-1969

Court : Rajasthan

Reported in : 1969WLN193

... The bill is designed to achieve this object.16. Thus, the object from which the Act has been enacted is to grant relief to the agriculturists who may have become victims at the hands of the unscrupulous money-lenders charging exorbitant rates of either simple or compound interest. As observed by their Lordships of the Supreme Court in Gamini Krishanyya and Ors. v. Guraza ... The Legislature has excluded the Co-operative Societies from being affected by the operation of the Act. We have to determine whether in doing so, the Legislature has discriminated in a manner not warranted by Article 14 which prohibits and arbitrary discrimination.19. Under the Act, law has classified the persons against whom an agriculturist can seek protection and also those against whom ... members on an exorbitant rates of interest and would not try to explicit its debtors. The registered co-operative societies stand by a class in themselves and when their claims against their debtors are excluded from the operation of the Act, it can not be said that the Legislature has acted with unjustifiable discrimination in excluding them from the operation of the Act.22. ... of that Act also show that the formation and working of the co-operative societies is for the promotion of common economic need among the members so as to bring prosperity in agriculture and industry. It is expected that a registered co-operative society would not advance loan to its members or even non-members on an exorbitant rates of interest and ...

May 18 2000

Manohar Rajaram Chhabaria Vs. Union of India & Ors.

  • Decided on : 18-May-2000

Court : Kolkata

Reported in : (2000)3CALLT434(HC),[2002]110CompCas162(Cal)

... the provisions of section 398.41. What according to the respondents (employees share holders) are the principal charges on defalcation, mismanagement, acts of illegalities conducted, which are prejudicial to the interest of the company (SWC) its share holders and prejudicial to public interest are said to be the following;'(i) Diversion of nearly Rs.100 crores through Guwahati companies;(ii ... that some of these companies were shown to have ceased to be subsidiaries. Another bad investment made by the company is in Charminar Breweries in Andhra Pradesh wherein prohibition was goingto be introduced. The investment in this company is of the order of Rs. 14 crores. Over 400 executives have been sent out of service in ... transactions inter alia including the borrowing of the intercorporate deposits at high rates; lending of money to subsidiaries without interest or waiving of interest, writing of huge amount as bad debts, payment of unnecessary and exorbitant non-competition fee, exorbitant sales promotion expenses, unwarranted payments of consultancy and brokerage fee etc., it is further alleged in the petition ... regard to bearing of interest, it was observed that no interest has been waived. In regard to charging of interest on funds given to subsidiaries, it was observed that no single practise prevailed in holding companies. In some cases, the holding companies charged normal rates of interest on the money advanced to subsidiaries and in some cases no interest was charged. It was ...

Sep 16 2011

Vibgyor High School Vs. State of Maharashtra And Ors.

  • Decided on : 16-Sep-2011

Court : Mumbai

... of education which was not conducive to the maintenance of educational standards. The Act intends to effectively curb the evil practices, and prohibit collection of capital fee in the public interest. The term "capitation fee" has been defined in Section 2(a) which reads thus:- "2. Definitions- In this Act, unless the context requires otherwise,- (a) "Capitation fee" means any amount, ... buildings rent from the petitioner- school run by a public charitable Trust; as also the decision of the Charity Commissioner, which has enabled the public Trust to spend such exorbitant amount towards school buildings rent in the sum of Rs. 2.5 crores, on the argument that the said transfer as well as decision of the Charity Commissioner ... Director in terms of order dated 20th April, 2009 passed in Writ Petition No. 722 of 2008 was not in respect of matters regarding excessive fees charged or likely to be charged by the school, resulting in commercialisation and profiteering. It is true that the petitioners / Management revised the fees on 19th March, 2008 - much after the complaint ... matters connected therewith. This Act was enacted because of the past experience of undesirable practice followed by the private educational institutions to large-scale commercialisation of education which was not conducive to the maintenance of educational standards. The Act intends to effectively curb the evil practices, and prohibit collection of capital fee in the public interest. The term "capitation fee" ...

Mar 04 2011

Bus Operators Association Shimoga Rep. by its President K.V. Jayapraka ...

  • Decided on : 04-Mar-2011

Court : Karnataka

... units involved in the act. 5. Per contra, learned Government Pleader contended, to regulate the transport vehicles, all conditions that are imposed have to be followed by the petitioners in the interest of commuters. There is no prohibition as such imposed to such Notifications either under the Act or under the Rules. ... and charging section prescribes the maximum outer limit within which the compounding fee would be prescribed. The Apex Court, in the case cited supra has held that so long as the compounding fee does not exceed the find prescribed by penal section, the same cannot be declared to be either exorbitant ... interest of commuters. There is no prohibition as such imposed to such Notifications either under the Act or under the Rules. In the absence of the same, the Notification cannot be quashed only on the ground that the compounding fee fixed is on the higher side. 6. Section 177 of the MV Act ... be declared to be either exorbitant or irrational or bereft of guidance. 9. In the case on hand, for the first offence of carrying the passengers in excess of seating capacity, the compounding fee should have been prescribed as per Section 177 of the MV Act and it may extend ... passenger carried in excess of the specified number without considering that each excess passenger will not constitute a separate offence and the act of over loading constitute one act irrespective of the number of persons. Hence, the impugned specification of the amount of compounding fee per passenger is illegal ...

Feb 07 2011

Karnataka Hire Purchase Association and Others Vs. Commissioner for Tr ...

  • Decided on : 07-Feb-2011

Court : Karnataka

... Officers directing the registering authorities to cross-check private financiers whether they are registered under the Karnataka Money Lenders Act and also whether they are charging interest in excess of the limit prescribed under the Exorbitant Interest Act on the money lent for the purchase of the vehicle and, only after securing the necessary documents in ... Act and the prohibition imposed therein on charging excess interest, is illegal, the said Circular has been challenged by the Association of private money lenders. They are questioning their authority in insisting for all details before making entry of the names of the financier whether they are registered under the Money Lending Act or not or the rate of interest they are charging ... charging interest on the money lent on the basis of the Money Lenders Act and the prohibition imposed therein on charging excess interest, is illegal, the said Circular has been challenged by the Association of private money lenders. They are questioning their authority in insisting for all details before making entry of the names of the financier whether they are registered under the Money Lending Act ... Karnataka Money Lenders Act and also the rate of interest charged, etc.Learned counsel for the impleading applicant, on behalf of the Association of Borrowers, has submitted there is exploitation by the money lenders in charging higher rate of interest and even without obtaining the money lending license since under the Money Lenders Act, which is ...

Oct 19 2012

Tata Sky Limited, Mumbai & Others Vs. The State of Tamil Nadu Through ...

  • Decided on : 19-Oct-2012

Court : Chennai

... 3 on the challenge based on Article 19(1)(a), Issue No.4 the Amending Act was a colourable legislation and Issue No.7 rate of tax was prohibitive, designed to kill the cable television in the interest of cinema theatres. After referring to AIR 1986 SC 515 (Indian Express Newspapers Vs. Union ... that there was no nexus between the object of the Act and the provision contained in the Act; the tax levied was one on private enjoyment by people in the respective houses and not on public entertainment; the rate of tax was exorbitant and unreasonable. Hence, the State legislation had no competency ... can supplement the absence of a chargeable event being prescribed in the text of the Section. If heading alone would be sufficient to act as a charging provision, the Act could have stopped just with a heading alone with a table prescribing the rate of tax and the measure of tax. 159. ... We do not think that there can be any comparison between Doordarshan and the appellants. Doordarshan is a governmental organisation which is supposed to act in furtherance of public interest. It is not a business carried on by the Government. The revenues collected by it by permitting advertisements are only intended to ... a form of entertainment, if the interest of the State is towards promoting dissemination of knowledge and considering the technological superiority spoken to about DTH in the counter of the State, the higher rate of tax adopted under Section 4-I of the Act, in any manner, does not advance ...

Sep 13 2013

that issue of paddy to be limited to the extent ...

  • Decided on : 13-Sep-2013

Court : Punjab and Haryana

... from respondent No.1. There is no bar in contract agreement regarding charging of interest on due amounts by one party from the other. When grant of interest not prohibited by terms of the contract agreement, then in case the Arbitrator awarded interest at the above said rate, then no illegality committed by Arbitrator, particularly ... as such has no force. 16. It is also contended by counsel for petitioner that award of interest at rate of 18% per annum is not permissible and such by grant of interest at such exorbitant rate Arbitrator has mis-conducted the proceedings. After going through clause L of the contract agreement ... document FAO No.435 of 2006 -8- (2) Arbitration Law Reporter 324, lays that it is within domain of Arbitrator to award interest. So Arbitrator while awarding interest has not acted in violation of the terms of the contract agreement. As the Arbitrator interpreted terms of the contract agreement in best suitable way ... is obvious that out of the total paddy of 2000 MT to be lifted at-least 200 MT should be released in the fiRs.instance. Interest of FCI secured due to furnishing of bank guarantee by respondent No.1. It is admitted by AW1 that after issue of release order ... retained by miller @ ` 19.18P ` 23,574.00 (b) Sales Tax @ 4.4% ` 1,037.00 (c) Income Tax on milling charges/stitching 34.00 charges ` 6,172.00 (d) Quality cut ` (e) Any other Misc. charges recoverable ` xxx (iii) Total amount recoverable from the Miller ` 14,58,886.00 B. (iv) Amount payable ...

Oct 11 2013

H.C. Arora Advocate Vs. Union of India and others

  • Decided on : 11-Oct-2013

Court : Punjab and Haryana

... Jalandhar and Patiala Divisions. It is this act of respondent No.4 which gave rise to some adverse publicity in the media that an exorbitant amount is being charged as arbitration fee without prior permission of either the State or Central Government in violation of the service rules. This culminated in filing of a public interest litigation by the petitioner, an Advocate, seeking ... case of respondent No.4 that he is, thus, entitled in law to charge such fee.3. The petitioner has stated that there is prohibition as per Rule 13(4) of the All India Services (Conduct) Rules, 1968 (hereinafter referred to as the Conduct Rules .) as it prohibits a member of the All India Service (AIS) from accepting fee for ... exorbitant amount is being charged as arbitration fee without prior permission of either the State or Central Government in violation of the service rules. This culminated in filing of a public interest litigation by the petitioner, an Advocate, seeking appropriate criminal/ departmental action against respondent No.4 for his conduct and for recovery of the entire amount of arbitration fee charged ... interest litigation by the petitioner, an Advocate, seeking appropriate criminal/ departmental action against respondent No.4 for his conduct and for recovery of the entire amount of arbitration fee charged.2. The petitioner states that the respondent No.4 claims entitlement to the arbitration fee on the basis of own interpretation of Section 31(8) of the Arbitration and Conciliation Act ...

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