Court : Mumbai
Decided on : Mar-31-1953
Reported in : AIR1953Bom445; (1953)55BOMLR618; ILR1954Bom29
..... . it is true that the learned judge has held that the rate of interest was excessive, but in holding that, he was not considering the usurious loans act. although interest may be excessive, yet in a particular case it may not constitute sufficient evidence that the transaction was substantially unfair. in order that the ..... learned judge refused to allow the amendment holding that the amendment was applied for at a very late stage. it is pointed out that under the usurious loans act power is given to the court to reduce the rate of interest even where a suit is being heard 'ex parte', and therefore it is ..... of the suit. on the other hand, the contention of the mortgagor is that the rate is excessive and that it should be reduced under the usurious loans act and that the mortgages should not be allowed the contractual rate of interest even prior to filing of the suit. now, the learned judge. has ..... even without the amendment of the written statement the learned judge should have given effect to the provisions of the usurious loans act. now, in order that the court may exercise its discretion under that act, two conditions are necessary ; one is that the interest is excessive and the other is that the transaction was ..... , with regard to costs of the mortgagee subsequent to the date of the preliminary decree is also the principle on which the courts have always acted in dealing with the costs of the suit of the mortgagee prior to the date of the preliminary decree. but the question that we have .....Tag this Judgment!
Court : Chennai
Decided on : Apr-08-1953
Reported in : AIR1954Mad488
..... district judge that they are agriculturists, and they being agriculturists we consider that the rate of interest is excessive, and they are entitled to relief under the usurious loans act, 1918, and compound interest cannot be claimed from them, as we also consider that the compound interest in this transaction is in any event excessive. the plaintiff ..... raised under the madras agriculturists relief act. relief is claimed by the defendants relying on the proviso to section 3 of the usurious loans act, 1918. the defendants claim to be agriculturists and hence entitled to relief under the usurious loans act, 1918 ..... are entitled to the benefits of the madras agriculturists relief act (act iv of 1938), and further that they are entitled to relief by way of reduction of interest under the usurious loans act, 1918.5. it will be convenient to dispose of the claim to relief under the usurious loans act, 1918, before dealing with the question arising out of the defence ..... that the defendants are held to be agriculturists for the purpose of relief under the usurious loans act, 1918 does not entitle them to be treated as agriculturists under the madras agriculturists relief act (act iv of 1938), since to come within the scope of act iv of 1938, a person claiming relief must show himself to bean agriculturist as denned .....Tag this Judgment!
Court : Chennai
Decided on : Sep-22-1953
Reported in : AIR1954Mad764; (1954)IMLJ42
..... suit was dismissed by the learned city civil judge on the ground that subramania mudaliar was an agriculturist entitled to relief under the usurious loans act 10 of 1918 as amended by madras act 8 of 1937. against that judgment, the plaintiff preferred c. c. c. a. no. 81 of 1950.basheer ahmed sayeed ..... permission should be granted. subramania mudaliar was the owner of two shrotriems apart from other properties, and he never claimed any relief under the usurious loans act.notices passed between the parties prior to the institution of the suit. on 4-6-1946, the plaintiff sent a notice to subramania mudaliar ..... show that the mortgagor was actually cultivating the lands. on these documents, it is impossible to hold that the appellant is an agriculturist within the usurious loans act.4. mr. m. s. venkatarama aiyar, learned counsel for the appellant, argues that as the documents show that the appellant owns not merely ..... for the appellant has raised two contentions in support of this appeal (1) that the appellant is an agriculturist entitled to relief under the usurious loans act and (2) that the rate of interest awarded is excessive.3. on the first question, it must be noted that no plea is ..... j. who heard the appeal disagreed with the learned city civil judge on the question as to whether the defendant was entitled, to relief under the usurious loans act .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-21-1953
Reported in : AIR1955P& H133
..... v. jullundur electric supply co., ltd.', air 1953 punj. 166 (e), where at p. 169 bhandari, j. said: 'section 22 of the electricity act appears to have provided an adequate machinery for determining with precision the minimum annual sum which will give the licensee a reasonable return on the capita] expenditure and ..... and compensation for loss. the object of the agreement entered into between the parties was to give effect to the provisions of the electricity act rather than enter into an ordinary contract which may contemplate indemnification in the form of damages for breach of contract. a minimum charge is ..... 1901) 18 tlr 64 (b). the various systems of making charges for the electricity supplied are provided for in section 23(3) of the electricity act. 11. one of the principle objects of an electric light undertaking is to utilise its plant to the best advantage, and one method of accomplishing this ..... the hours at which the supply of energy required.' 10. a clause, clause xi-a, has been added to the schedule to the indian electricity act which legalises the customary ' minimum charge. this clause provides: xi-a. a licensee may charge a consumer a minimum charge for energy of such amount ..... spite of the complaint made they took no action, that the plaintiff could not therefore sue on the basis of the contract which was never acted upon and the minimum guarantee clause was therefore unenforceable. they also pleaded that they had deposited the money claimed by the plaintiff with the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-08-1953
Reported in : AIR1953SC521; 1954(2)BLJR53
..... lays down the mode of calculating interest on the amount of such claims and provides for the application of the provisions of the usurious loans act to the proceedings under the act.sub-section (7) provides as follows: 'if the special judge finds that any amount is due to the claimant he shall ..... case the earlier decisions of the oudh court were followed. the view was reiterated that creditors are parties in the proceedings under the encumbered estates act.13. in -- 'benares bank ltd., benares v. bhagwandas', air 1947 all 18 a full bench of the allahabad high court considered this question ..... been made respondents in the appeal, the appeal became imperfectly constituted. in this case the question whether under the provisions of the encumbered estates act an applicant is required to implead creditors as parties to the application was neither argued nor considered; on the other hand, it was assumed ..... is whether the rules of the first schedule to the code of civil procedure should be rigorously applied to proceedings under the encumbered estates act, and whether the creditors who are no doubt persons interested in those proceedings and who would ultimately be entitled to recover their decretal debts ..... appellant made an application for impleading them as respondents in the appeal and prayed that he be given the benefit of section 5, limitation act. this application was rejected, and eventually the appeal was dismissed on the ground that it was defective and could not be entertained in the .....Tag this Judgment!