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Search Results Judgments > Act:prohibition of charging exorbitant interest act Page:7

Mar 06 1964

Ram Surat Singh Vs. Rent Control and Eviction Officer and Anr.

  • Decided on : 06-Mar-1964

Court : Allahabad

Reported in : AIR1965All49

... Legislature aimed at preventing unscrupulous and avaricious landlords from charging exorbitant rent from new tenants and evicting existing tenants who refused to agree to the enhancement of their rent. Subject to the restriction that the Legislature felt necessary to impose, the rights of the landlords have been left intact. There is nothing in the Act to justify the inference that the District Magistrate ... not be forbidden to let an accommodation unless he desires to occupy it himself. The object behind prohibiting an act in a certain circumstance is not achieved by merely permitting another act when that circumstance does not exist. The rule is a positive rule and not a prohibition, 6. I see nothing anomalous or improper in the State Government's directing that whenever a ... should stimulate in the District Magistrate's mind a chain of ideation of contrast and comparison of the competing needs, of their relation to the public interest, which, I conceive, is the ultimate end of the Act and of their order and equitable regulation during an acute famine of housing, Rule 6 would make him an automaton, a mindless slot-machine Rule ... thesafe-guarding of the right of liberty of person orof property which the action might involve.' (atpage 1701). 67. The Act and Rule 6 have not been enacted for the protection of private rights; they have been enacted to serve public interest at some eost of private rights. Enactments which were held to be imperative in the cited cases were designed to ...

Jan 23 2008

Municipal Corporation of Delhi Vs. D. Pal and Company

  • Decided on : 23-Jan-2008

Court : Delhi

Reported in : (2008)2CompLJ245(Del)

... six months and no interest was being charged for that duration of six months. However, as the security deposit amounts were refunded beyond the period of six months, thereforee, the same were subject to payment of interest. It is clear that there is no provision for interest being paid on the security deposit amounts. However, there is also no provision prohibiting any such payment. When ... the tender. Consequently, the interest rate of 12% was exorbitant keeping in view this reality.14. As regards the rate of interest, it must be pointed out that the respondents had claimed 18% per annum. The learned Counsel for the respondents submitted that that is the rate which is also prescribed under Section 31(7) of the said Act which would be operative in ... prescribed under Section 31(7) of the said Act which would be operative in case there is no agreement to the contrary. In any, event, the learned arbitrator did not grant 18% per annum interest but granted the lower rate of 12% per annum on the ground that the commercial rate of simple interest as charged by the nationalised banks has not been less ... award on interest and the costs. According to the learned Counsel for the petitioner, the rate of interest of 12% per annum is exorbitant and the rate of interest ought to have been around 6% per annum. The second contention is that the learned arbitrator had awarded interest on interest which is not permissible. It is also contended that the learned arbitrator has awarded interest on the ...

Mar 11 1994

Kartar Singh Vs. State Of Punjab.

  • Decided on : 11-Mar-1994

Court : Supreme

Reported in : 1994SCC(3)569; JT1994(2)423

... acts prohibited by law so that he may act accordingly.130. It is the basic principle of legal jurisprudence that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. It is insisted or emphasised that laws should give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act ... in greater number. They are using latest sophisticated arms and ammunition, weaponry in committing heinous crimes.381. Equally true that in the midst of clash of interests, the individual interest would be subservient to social interest, yet so long as ubi jus, ebi remedium is available the procedure prescribed and the actions taken thereon by the law enforcement authority must meet the ... convicted under other sections or provisions for minor offenses which were tried by the Designated Court by virtue of Section 12 of the Act. He may not be able to approach this Court because of enormous expenditure and exorbitant legal expenses involved in approaching this Court. It should not be forgotten that ours is a vast country with majority on the ... the Central Government.187. In this connection, we may refer to the decision in R. V. Cain62. In that case, the appellant was charged for an offence under the Explosive Substances Act, 1883. Section 7(1) of that Act required to obtain the consent of the Attorney General before proceeding further in that matter. The consent of the Attorney General as per ...

Mar 18 2013

The Consulate General of Iran Vs. M/s. Baldota Brothers

  • Decided on : 18-Mar-2013

Court : Mumbai

... Bombay Rent Act, 1947 ( ??1947 Act ? ). That Act was passed to amend and consolidate the law relating to rents, repairs, eviction of tenants, control of rates of hotels and lodging houses and to control charges of licensed premises since 1.2.1973. The Act was passed to control the rents so as to prevent the landlords from exploiting the tenants by charging exorbitant rents with ... , it is clear that, India's PSUs are in the form of statutory corporations, public sector companies, government companies and companies in which the public are substantially interested (see ; Income-tax Act, 1961). When the word PSU is mentioned in Section 3(1)(b), the State Legislature is presumed to know the recommendations of the various Parliamentary Committees on PSUs. ... which the prohibition on receiving premium under Section 18 of the 1947 Act stood deleted. In other words, landlords were given the liberty to charge premium. The second package was to exclude cash-rich body corporates and statutory corporations from the protection of the Rent Act. This part of the economic package helps the landlords to enhance the rent and charge rent to ... hotels and lodging houses and to control charges of licensed premises since 1.2.1973. The Act was passed to control the rents so as to prevent the landlords from exploiting the tenants by charging exorbitant rents with a view to take wrong advantage of growing acute shortage of accommodation in urban areas. Thus, that Act was also enacted to give further protection ...

Oct 25 2006

Deutsche Morgan Grenfell Group Plc (Respondents) Vs. Her Majesty's Com ...

  • Decided on : 25-Oct-2006

Court : House of Lords

... all ancillary questions relating to the reimbursement of charges improperly levied, such as the payment of interest, including the rate of interest and the date from which it must be calculated 87. In the main proceedings, however, the claim for payment of interest covering the cost of loss of the use of sums paid by way of [ACT] is not ancillary, but is the very ... : "Within the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State. Freedom ... disagree. Woolwich was certainly a very important development but the majority saw it as a development which was within the proper province of the court, and not an exercise in exorbitant judicial legislation. The Law Commission's thorough examination of Woolwich in its 1994 Report (Part VI paras 6.1-6.46) seems to have accepted this, while noting some uncertainties ... made by the subsidiary from the date of those payments until the date on which the tax became chargeable [i.e. until MCT became payable], even when national law prohibits the payment of interest on a principal sum which is not due." The ECJ recorded that the Chancery Division had framed that question in two hypotheses - " in the first alternative, where the ...

Jun 19 1985

Dugdh Utpadak Evam Vikreta Sangh, Jabalpur and Ors. Vs. The State of M ...

  • Decided on : 19-Jun-1985

Court : Madhya Pradesh

Reported in : AIR1986MP9; 1985MPLJ606

... for that order which has been stated by the Collector is that milk has been declared to be an essential commodity. Complaints were received by him that milk producers were charging exorbitant price disregarding public feelings and also that they are selling milk at different rates. The Collector, after considering the rates submittedby the milk producers, passed an order under Clauses (4 ... of Rs. 5/- per litre according to these orders.2. According to the petitioners, petitioner No. 1 is a society registered under the Societies Registration Act, 1973, and this society has been formed to safeguard the interests of dairy owners and other persons who carry on the business of keeping milking animals, maintaining dairy, producing milk and selling milk at Jabalpur. It ... or milk prepared from milk powder, but does not include articles commonly known as dried milk or milk or milk powder or condensed milk. That order only prohibited export of milk or milk products or prohibited manufacture of milk products. This order is published in Madhya Pradesh Rajpatra (Extraordinary) dated 12th May, 1983 at pp. 1511 to 1514. This order was made ... Collector that fodder and cake should be supplied to them at a reasonable price.11. According to the petitioners, theauthorities did not consider their request and the petitioners continued to charge the price of milk at Rs. 6/- per litre but after the orders of the Collector, dated 4th August, 1984, the Collector and other authorities have been insisting that ...

Nov 23 1974

Rajaram Bhiwaniwala and Ors. Vs. Nandkishore and Ors.

  • Decided on : 23-Nov-1974

Court : Madhya Pradesh

Reported in : AIR1975MP104

... practice of charging exorbitant rate of interest is concerned, the Usurious Loans Act was enacted to deal with it The Moneylenders Act, on the other hand, made various provisions to regulate the conduct of money-lenders so as to prevent the debtors from being duped. For example Section 6 of the Act provides ... to give way before the impulse of commercial and industrial activity, the sin of avarice turned into the offence of usury; but the usury prohibited was no longer the lending of money at profit but the lending of money at a rate of profit greater than that permitted by ... large, by various means. Where the money-lender is honest and charges a very reasonable rate of interest, he is rendering a useful service to the community. It is not the object of the Money-lenders Act to penalise such a money-lender beyond measure, if by mistake or ... Act.56-57. Money-lending by itself is not a vice. It serves a social purpose and that is why the Government has taken upon itself the rendering of this service to the community at large, by various means. Where the money-lender is honest and charges a very reasonable rate of interest ... Act itself. The Act, as compared to the Usurious Loans Act, 1918 or the Central Provinces and Berar Debt Conciliation Act, 1933, and the Central Provinces and Berar Relief of Indebtedness Act, 1939, is neither an Act for scaling down the debt nor an Act for reducing the rate of interest claimed by the money-lender on the ground that it is excessive. Although the Act ...

Aug 30 1971

Vallabhdas and Ors. Vs. Sikanya and Ors.

  • Decided on : 30-Aug-1971

Court : Madhya Pradesh

Reported in : AIR1973MP116; 1972MPLJ837

... is observed that taking advantage of the social and economic backwardness of the members of the Scheduled Tribes, the moneylenders lend money to them on exorbitant rates of interest with the result that the original debtor is unable to repay the loan in his lifetime and the over-swelling amount of loan is ... the prohibited field of legislation. After the repeal of the Regulations by the Governor, the Adhiniyam provides by Section 3 (b) that all things done and all actions taken under the Regulations in Scheduled Areas shall be deemed to have been done or taken under the relevant provisions of this Act as ... able to charge more interest than what is provided in the Schedule. The State certainly has the power to regulate the business of money-lending in the general interest of the public. The Schedule only seeks to limit the rate of interest when advanced to a member of the tribal community and the interest that has ... bank and why a debt due to a non-scheduled bank is not excluded from the purview of the Act is not discernible.'Accordingly, while approving of the Act generally, as being in the interest of general public, the Supreme Court all the same in part agreement with the High Court ruled out ... a rate ' of interest which they thought would save the members of the tribal community from being unduly exploited.8. The scheme of Section 13 of the Regulations read with Schedule 2 and that of Section 14 of the Adhiniyam read with Schedule two appended to the Act is practically the same. ...

Oct 21 2005

Murthy Raghava Trinadha Rao and Ors. Vs. Commissioner of Endowments, G ...

  • Decided on : 21-Oct-2005

Court : Andhra Pradesh

Reported in : 2006(1)ALD86

... petitioner, according to this counter, is proprietor of a welding shop. Earlier, he was engaged for doing some work in the Math, but he was charging exorbitant rates. He quoted Rs. 25/- per square feet of welding work relating to raising a shed on the 1st floor of the Math. The 4th ... his successor to Lalitha Peetham. He has taken charge in December 2002. 1st respondent has no power or jurisdiction to act under the provisions of Sections 52 and 53 of the Act. His appointment has not been disputed by any of the heirs or successors in interest of the founder.6. 4th respondent ... already been stated and bears no repetition. The Mahant may himself nominate his successor. In other words, the predecessor Mahant should keep in mind the prohibited grounds enumerated in Sub-section (1) of Section 51 and qualifications mentioned in Section 53(2) before he nominates the successor. He is the ... 1. This writ petition has been filed in public interest, seeking invocation of the provisions of Chapter-V of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act') with respect to 2nd respondent-Math.2. It is alleged that the Math is being subjected to misuse ... and Endowments Act, 1987 (for short 'the Act') with respect to 2nd respondent-Math.2. It is alleged that the Math is being subjected to misuse of Hundi collections. All the petitioners claimed that they are ardent devotees of Goddess Sri Sri Sri Lalitha Devi and they are deeply interested in ...

Apr 25 1975

Jagadish Lal Gupta Vs. The Director of Rationing and Ors.

  • Decided on : 25-Apr-1975

Court : Kolkata

Reported in : AIR1975Cal471

... endorsement or cancellation as the case may be : Provided that pending an enquiry in-to a charge against the holder of an appointment, the State Government may suspend his appointment if in the opinion of the State Government immediate sus-pension is necessary in the interests of general public.' 12. I have underlined those portions of sub-paragraph (5) of paragraph 3 ... to review and revision by the State Government in terms of the provisions of sub-paragraph (2) of paragraph 22 of the said order. Essential Commodities Act, 1955 does not prohibit such delegation. The said Act on the contrary provided for delegating various powers to the State Government and thus contemplated the exercise of such powers by the State Government through its officers ... according to the petitioner was engineered and made on account of the petitioner's refusal to accept the request by the youths of the locality to pay subscription at an exorbitant rate. 5. Mr. K. P. Sinha, the learned Advocate appearing for the petitioner submitted that the impugned order of suspension amounted to infliction of penalty even prior to holding of ... does not prohibit such delegation. The said Act on the contrary provided for delegating various powers to the State Government and thus contemplated the exercise of such powers by the State Government through its officers. This is implicit in the power of delegation provided for by Section 3 of the Essential Commodities Act, 1955, The ultimate control of the State Government by way ...

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