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Judgment Search Results Home > Cases Phrase: the usurious loans act 1918 Sorted by: old Year: 1984 Page 1 of about 5 results (0.046 seconds)

Aug 28 1984 (HC)

J.S. Sood Vs. Prem Lata Mehta and anr.

Court : Delhi

Decided on : Aug-28-1984

Reported in : ILR1984Delhi716

..... interest @ 24 per cent per annum staling this to be the normal rate of interest in the film line. provisions of the usurious loan act, 1918 as amended by the punjab relief of indebtness act, 1934 in its application to delhi appear to restrict the rate of interest to 12-112 per cent per annum only. (14 ..... the amount mentioned therein. the main point in the above case is, thereforee, quite clear and it is that the writing related to a fresh loan and had no reference to adjustment or otherwise of accounts of previous dealings. in the present case the writing in question acknowledges the receipt of certain ..... in the ledger of the debtor and that the rate of interest was also mentioned. it was held that the writing related to a fresh loan and had no reference to adjustment or otherwise of accounts of previous dealings and that it bore a 4-anna revenue stamp. it was further ..... the aforesaid verbal contract. such a writing may at best be a written acknowledgement which extends the period of limitation under section 18 of the limitation act, 1963, but no more. thus i do not think that such a document would fall within the definition of written contract and the provisions of ..... contract to which the provisions of order xxvii would apply. the reason being that earlier order xxxvii was confined to negotiable instruments but by the amending act of 1976 this order became applicable to written contract as well. needless to say that order xxxvii prescribes a summary procedure. in the summary procedure .....

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Sep 01 1984 (HC)

Medikonda Satyanarayana and anr. Vs. Andhra Bank Ltd., Eluru

Court : Andhra Pradesh

Decided on : Sep-01-1984

Reported in : AIR1985AP77

..... 1984). the provision is in the following terms:'21.a. rates of interest charged by banking companies not to be subject to scrutiny by courts.- notwithstanding anything contained in the usurious loans act, 1918, or any other law relating 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 ..... this court the construction now urged by the bank is correct. 8. in order to examine these submissions it is necessary to notice the provisions of the usurious loans act 10 of 1918 (hereinafter called the central act) and its objects. the preamble of the said act reads as follows:'whereas it is expedient to give additional powers to courts to deal in certain cases with ..... that in view of the said provision that notwithstanding the above judgment, the transactions between a banking company and its debtors cannot be reopened in spite of the provisions of usurious loans act or many other law relating to indebtedness in force in any state. hence the question is whether this provision has the effect of making the provisions of the madras agriculturists ..... usurious loans of money or in kind.'section 3 which is a pivot of the central act empowers the court to reopen the transaction where the court has reason to believe .....

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Nov 06 1984 (HC)

Girdhari Lal Khanna Vs. Bal Kishan Khullar

Court : Punjab and Haryana

Decided on : Nov-06-1984

Reported in : AIR1985P& H117

..... of the trial court under issue no. 2-a, the defendant was not entitled to take the benefit of the provisions of usurious loans act, 1918 read with punjab relief of indebtedness act, 1934. according to the trial court it is a case of notation of the contract as envisaged by s. 62 of the ..... reading of the said provisions as a whole, it is quite evident that the act nowhere provides that it only applies to the original debtor.10. by s. 5 of the punjab relief of indebtedness act, 1934, s. 3 of the usurious loans act, 1918, has been amended. in sub-section (2) of s.3, the following ..... clause has been added:--'(e) the court shall deem interest to be excessive if it exceeds seven and-a-half percentum per annum simple interest or is more than two percentum over the bank rate, whichever is higher at the time of taking the loan ..... raghunath dass's case (air 1946 lah 6) (supra) by the lahore high court wherein it was held that under the provisions of the usurious loans act, the court is bound to reopen any agreement purporting to close previous dealings and to create a new obligation which has been entered into by the ..... of rs. 32000/- was due against m/s. atlas engineering company? opp 2a. whether the defendant is entitled to take benefit of the provisions of the usurious loans act, 1908, and if so to what effect? opd. 3. if issue no. 2 is proved, whether the mortgage in dispute was without consideration? opd. .....

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Jan 17 1984 (FN)

Sony Corp. Vs. Universal City Studios

Court : US Supreme Court

Decided on : Jan-17-1984

..... mark cases, 100 u. s. 82 , 100 u. s. 91 -92 (1879); see also united drug co. v. theodore rectanus co., 248 u. s. 90 , 248 u. s. 97 (1918) (trademark right "has little or no analogy" to copyright or patent); mclean v. fleming, 96 u. s. 245 , 96 u. s. 254 (1878); canal co. v. clark, 13 wall. ..... sound recording in the 1971 amendment's legislative history demonstrate no congressional intent to create a generalized home-use exemption from copyright protection. congress, having recognized that the 1909 act had been unsuccessful in controlling home sound recording, addressed only the specific problem of commercial record piracy. to quote assistant register ringer again, home use was "not what ..... contributory infringement of the patent; (3) sought to enforce his patent rights against infringement or contributory infringement." [ footnote 21 ] it seems extraordinary to suggest that the copyright act confers upon all copyright owners collectively, much less the two respondents in this case, the exclusive right to distribute vtr's simply because they may be used to infringe copyrights ..... of other broadcasts. the question presented is whether the sale of petitioners' copying equipment to the general public violates any of the rights conferred upon respondents by the copyright act. respondents commenced this copyright infringement action against petitioners in the united states district court for the central district of california in 1976. respondents alleged that some individuals had used .....

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May 31 1984 (HC)

Pushpinder Kaur Sekhon Vs. Corporal Sharma and anr.

Court : Punjab and Haryana

Decided on : May-31-1984

Reported in : AIR1985P& H81

..... from liability for its rash and negligent driving. it was held that it must further be proved that at the time the accident occurred the person driving the vehicle was acting in the discharge of the sovereign functions of the state. these considerations obviously raise question of fact to be established in each case. it is apparent, therefore, that in the ..... though the maintenance of the army was a sovereign functions of the union of india, it did not follow that the union was immune from all liability for any tortious act committed by army personnel. the fact that the vehicle involved in the accident was owned by the government and driven by its servant does not by itself absolve the government ..... occurred when the car came and hit into this parked vehicle from behind.5. this being the situation violation of the mandate contained in s. 81 of the motor vehicles act is writ large. this provision reads as under :-'81. leaving vehicle in dangerous position. no person in charge of a motor vehicle shall cause or allow the vehicle or any .....

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Jun 05 1984 (FN)

Alcoa Vs. Clp Utility Dist.

Court : US Supreme Court

Decided on : Jun-05-1984

..... greatly complicated the efforts by all bpa customers to plan for their future power needs. to avoid the prospect of unproductive and endless litigation, congress enacted the regional act. the act provided for future cooperation in the region by establishing a mechanism for comprehensive federal-state power planning. 4 and 6, 16 u.s.c. 839b and 839d. ..... misplaced. section 10 is entitled "savings provisions." the purpose of 10(c) was to reassure preference customers in other regions of the country who feared that the regional act -- by statutorily allocating power directly to nonpreference customers -- would set a precedent that would weaken the commitment to preference that exists in other statutes governing the sale of ..... pending review, filed sept. 8, 1981, app. 21 (table comparing interruptibility of second quartile of dsi power in 1975 and new contracts). the legislative history of the regional act makes clear that congress expressly endorsed, perhaps even required, that the new contracts contain the conditions making the second quartile power more interruptible than before. [ footnote 8 ] if, ..... establish public entities designed to qualify as preference customers and be eligible for administrative allocations of power. [ footnote 4 ] because the page 467 u. s. 386 project act provided no clear way of allocating among preference customers, and because the stakes involved in buying cheap federal power had become very high, this competition for administrative allocations threatened .....

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Jun 05 1984 (FN)

ins Vs. Stevic

Court : US Supreme Court

Decided on : Jun-05-1984

..... " h.r.rep. at 17-18 (emphasis supplied). [ footnote 21 ] "as amended by the committee, the bill establishes an asylum provision in the immigration and nationality act for the first time by improving and clarifying the procedures for determining asylum claims filed by aliens who are physically present in the united states. the substantive standard is not ..... to asylum. . . ." "currently, united states asylum procedures are governed by regulations promulgated by the attorney general under the authority of section 103 of the immigration and nationality act ( see 8 cfr 108), which grants the attorney general authority to administer and enforce laws relating to immigration. no specific statutory basis for united states asylum policy currently exists ..... there is no "significant" difference between them. if there is a "significant" difference between them, however, petitioner argues that congress' clear intent in enacting the refugee act of 1980 was to maintain the status quo, which petitioner argues would mean continued application of the clear-probability-of-persecution standard to withholding of deportation claims. in this ..... respondent to surrender for deportation to yugoslavia. respondent moved to reopen the deportation proceedings in august, 1977, seeking relief under 243(h) of the immigration and naturalization act, which then provided: "the attorney general is authorized to withhold deportation of any alien within the united states to any country in which in his opinion the alien .....

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Aug 09 1984 (HC)

M.A. Pal Mohammed and ors. Vs. R.K. Sadarangani and ors.

Court : Chennai

Decided on : Aug-09-1984

Reported in : AIR1985Mad23

..... trade, which had virtually prevented the movement of vehicular traffic, and hence, there has been a total non-compliance of the provisions of the act.28. arrangement or regulatory measure now obtaining in ranganathan street; i as stated above, there is no scope for accepting the plea of customary usage ..... margins as part of it; the conclusion of the learned judge that 'road sides and street margins mentioned in s. 223(5) of the act are entirely different from public streets or portions thereof', is erroneous. any public street wherein no portion of it is earmarked as a 'footway' ..... any portion of it being earmarked as footway, but containing only a roadway and roadsides or street margins there is no provision made anywhere in the act, compelling the formation of a footway. when the definition of 'public street', envisages so many categories o formation of public streets, and when cl. ..... the duty of the corporation in the general public to use such public streets.'on this reasoning the learned judge held that first respondent had acted without jurisdiction in permitting hawkers to carry on their trade.11. to understand the common law rights, reliance is placed on three passages in ..... and mr. k. n. balasubramaniam submit that.1. the enablement envisaged in s. 223(5) of the madras city municipal corporation act (act iv of 1919) (hereinafter referred to as the act), had been misunderstood and misapplied; 2. in the absence of a demand made on public authorities to discharge their duties, a .....

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Dec 11 1984 (HC)

Basappa and ors. Vs. Garemane Kamanna

Court : Karnataka

Decided on : Dec-11-1984

Reported in : ILR1985KAR912; 1985(1)KarLJ207

..... who it is established was a money lender, did not have the licence. therefore, he had to be non-suited in terms of the money lenders act, 1961. in this view of the matter, this appeal is allowed, the order ofremand passed by the lower appellate court is set aside. the order ..... the past period. even if such a licence is issued, as is done in this case, it cannot validate the invalid transaction. section 5 of the act creates an absolute, bar regarding the carrying on of the money lender's business without a licence. the legal effect of transactions, forbidden by law are ..... period, the court shallproceed to hear the suit.(5) nothing in this section shall affect- (a) suits in respect of loans advanced by a money-lender before the date on which this act comes into force :(b) the powers of an official receiver, an administrator or a court under the provisions of the ..... appreciating the evidence, the trial court came to the conclusion that the plaintiff is a money-lender, as defined in the karnataka money lenders act, 1961 (for short the act') and that he did not have a valid licence on the date of the suit transaction. it has to be noted that the plaintiff ..... collection of the revenue.'a detailed examination of the provisions of the act leads to the conclusion that the object of the act was to serve a public purpose and the mischief it sought to secure was to protect borrowers from unscrupulous and usurious money lenders by prohibiting them from lending monies withoutobtaining licence, on pain .....

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Dec 13 1984 (HC)

Sushila Devi and ors. Vs. Municipal Corporation of Delhi

Court : Delhi

Decided on : Dec-13-1984

Reported in : I(1985)ACC121; ILR1985Delhi746

..... raised. but three main questions arise inthe suit. first whether the suit is barred by reasons of section 478 of the delhi municipal corporation act, 1957 (the act). second the question of fault andliability. whether the defendant corporation is liable in negligence. third the amount of damages io oe awarded to the ..... 'nuisance we quote pratt and mackenzie on the law of highways (20thed.) p. 106-. 'may be defined, with reference to highways, as any wrongful act or omission upon or near a highway, whereby the public are prevented from freely, safely and conveniently passing along the highway'. this definition exactly fits in with ..... safety is of primary importance. whether the tree is planted or self-sownthe highway authority has the duty of care. section 43(d) of the act emphases it. care of trees' is the discretionary function of the corporation,though it has not been provided for by means of regulations or bye- ..... was a local authority called the notified area committee civil station which had jurisdiction over the area in question and was governed by the punjab municipal act of 1911, as extended to delhi, by section 56(g) read with section 3(30) all public streets and trees standing over them vested ..... we will take these three questions separately.the first question(4) on the first question it is convenient to set out section 478 of the act at this stage:'notice to be given of suits. (1)no suit shall be instituted against the corporation or against any municipal authority or against .....

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