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Judgment Search Results Home > Cases Phrase: the usurious loans act 1918 Court: patna Page 1 of about 2 results (0.062 seconds)

Aug 21 2009 (HC)

Ramesh Prasad Verma Son of Late Amresh Prasad Verma Vs. the State of B ...

Court : Patna

..... the supreme court in the case of k. manikchand and ors. v. elias saleh mohamed sait and ors. (supra). that was a case under the usurious loans act 1918, read with section 76 of the transfer of property act, 1882. the mortgage deed of 1933 in respect of a property in area comprising civil and military station, bangalore had arisen. the supreme court held that ..... it came into force in bangalore civil and military stations in 1933 was applicable to the suit, and not the date on which the act of 1918 was enacted. applying the ratio of the judgment in the facts and circumstances of the case, it appears to us that there would grave injustice to the lessees if ..... the date of commencement of act of 1918 was important, and not the date of coming into operation of act. date of commencement of act must be held to be date on which it came into force in bangalore civil and military station. the date on which .....

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Aug 04 1999 (HC)

Jainath Prasad Vs. State of Bihar and ors.

Court : Patna

..... . section 21a is as follows : '21 -a. rates of interest charged by banking companies not to be subject to scrutiny by court. notwithstanding anything contained in the usurious loans act. 1918, or any oilier law related to indebtedness in force in any state, a transaction between a banking company and its debtor shall not be reopened by any court on the ..... its overdues against d. section gowda was decreed by the trial court for the amount claimed by the bank. the high court relying on section 3(1) of the mysore usurious loans act, 1923 held that the borrower was entitled to relief and reduced the interest rate to 12.5% per annum with annual rests. as to the levy of the penal interest ..... reserve bank from time to time in exercise of power conferred by section 21 /35a of the banking regulation act. we have pointed out that the said circulars/directives provide that agricultural advances should not be treated on a par with commercial loans insofar as the rate of interest thereon is concerned because the farmers do not have any regular source of ..... interest charged, in the opinion of the courts, is excessive or unreasonable. section 21a of the banking regulation act is a restraint on such power of court. however, in any case, if it is proved that the interest charged by banks on loans advanced is not in conformity with the rate prescribed by the reserve bank then the court could disallow such .....

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Jul 27 1999 (HC)

Pyrites, Phosphates and Chemicals Ltd. and ors. Vs. State of Bihar and ...

Court : Patna

..... decree. such an appeal cannot have an independent existence. if this be not accepted for the purpose of the application of section 3 of the usurious loans act (as amended) curious results will follow. the appeal court in the appeal is not able to resort to the section but if the suit were ..... in dayawati v. inderjeet, a.i.r 1966 s.c. 1423, the supreme court considered whether section 6 of the punjab relief of indebtedness act, 1934 would apply only to pending suits or also to appeals arising from suits already decreed against the mortgager hidayathullah j, as his lordship then ..... the reliance placed by the appellate authority on the provision of that sub-section was quite misconceived.5. section 20 of the minimum wages act deals with the claims arising out of payment of less than the minimum rates of wages. this section consists of a number of sub-sections ..... shivajee pandey, learned counsel for the petitioners assailed the order as completely unauthorised. learned counsel submitted that the provisions of section 20 of the act did not sanction a direction for depositing the amount awarded by the original authority either in full or in part being made a condition precedent ..... enforcement officer filed a claim on behalf of 64 workmen before the assistant labour commissioner, dalmia-nagar, rohtas under section 20 of the minimum wages act against the petitioner-company in its capacity as the principal employer. the claim was registered as case no. mw 66/1996. the assistant labour commissioner .....

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Sep 05 2007 (HC)

Shridhar Singh Vs. Manu Singh

Court : Patna

..... occasional and disconnected loans in business of money lending which imports the notion of system, repetition and continuity. in this regard, reference may be made to a decision of this court in ..... sake of brevity) were not complied by the plaintiff, although he and his father were professional money lenders, who cannot advance any accommodation loan and that his claim was also not maintainable under the provisions of the debt relief act, because defendant no. 1 was not a scheduled debtor as he had no land of his own. he completely denied that he ..... .- no court shall entertain a suit filed by a money lender for recovery of loan advanced by him after the commencement of this act, unless such money lender was registered as such under this act or the bihar money-lenders act, 1938 (bihar act iii of 1938) at the time when the loan was advanced.12. the learned court of appeal below after considering the pleadings ..... hence it would come under the purview of the new act. but this plea also cannot be entertained as a man does not become a money lender by reason of occasional loan to relations, friends or acquaintances, whether interest be charged or not, as charity and kindliness are not the bases of usury for becoming a money lender. there must be more than .....

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Jun 28 2000 (HC)

Manager of Kargali Colliery Vs. the State of Bihar and ors.

Court : Patna

..... any room for doubt that the petrol pump was not used in any transaction within the meaning of section 2(z) of the standards act, as the act of filling petrol/ hsd in the colliery's commercial vehicle from the petrol pump does not involve any contract or an assessment of ..... cover materials which are used as catalysts or reagents in an industrial production. but in all cases the control under section 24 of the enforcement act will be aimed at ensuring the fullness and completeness of the industrial produce. in no case the control will be aimed at regulating the ..... industrial growth besides being source of corruption. 20. in my considered view the expression 'industrial production' is used in section 24 of the enforcement act in a more direct, immediate and proximate sense. the control of weights and measures used for industrial production can only be to ensure that the ..... issued by the inspector, weights & measures, the company filed an appeal before the controller, weights and measures (enforcement) under section 20 of the bihar act. the controller refused to entertain the appeal observing that it was barred by limitation and the petitioner was accordingly intimated by letter no. 1001. dated 31 ..... of any equipment of weights and measures on a commercial premises without its being verified and stamped was violative of section 11 of the bihar act and that the colliery being a commercial organisation of the government of india, it was legally essential for it to have the petrol pump verified .....

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