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Judgment Search Results Home > Cases Phrase: the usurious loans act 1918 Year: 1945 Page 1 of about 2 results (0.023 seconds)

Feb 15 1945 (PC)

Chaudhari Rukun UddIn And, After His Death, His Major Son BurhanuddIn ...

Court : Allahabad

Decided on : Feb-15-1945

Reported in : AIR1945All113

..... passed in the case before us. furthermore, in ayub ali shah v. kali charan : air1941all400 the special judge had based his decision upon an interpretation of the usurious loans act, 1918, as amended by the u.p. usurious loans act, which was not quite intelligible and which the counsel for the creditor in this court did not seriously seek to support. although, with profound respect to the ..... to the provisos that the rule of damdupat is to be applied for fixing the maximum and that, if the facts of the particular case attract the provisions of the usurious loans act, 1918, they are to be applied. that being so, i am of opinion that the finding, or the part of the finding, by which the court making the declaration in the ..... was entitled was rs. 5539. this amount did not exceed the limit laid down in section 14 (i) (a), encumbered estates act. he also held that there was no ground for interfering with the contractual rate of interest under the usurious loans act, 1918. he thus came to the conclusion that a decree for rs. 5539 could be passed in accordance with the provisions of ..... may be described as the rule of damdupat. clause (b) prescribes that the provisions of the usurious loans act, 1918, will be applicable to proceedings under this act. clause (c) runs thus : 'the provisions of the united provinces agriculturists' relief act, 1934, shall not be applicable to proceedings under this act.' these provisions of section 14 deal with cases where the special judge has to determine the .....

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Oct 31 1945 (PC)

B. Manmohan Lal and ors. Vs. B. Raj Kumar Lal and ors.

Court : Allahabad

Decided on : Oct-31-1945

Reported in : AIR1946All89

..... any accumulated interest which has been converted into principal after 31st december 1916. the provisions of the usurious loans act have been made applicable by clause (4)(b) of the section to proceedings under, the encumbered estates act. the provisions of the debt redemption act for the determination of the amount due to a decree-holder or to a plaintiff in a suit ..... clause (4)(a) of section 14, encumbered estates act. the only substantial difference between section 14, encumbered estates act, and section 9, debt redemption act, is that, while by the former the provisions of the usurious loans act have been made applicable to proceedings under that act, by the latter it is provided that the interest on loan, secured or, unsecured, shall not exceed the rate ..... bench of this court in sahi mal manohar das v. mt. iltifatunnisa begam : air1941all293 thatin proceedings under the encumbered estates act, it is competent to a court to reduce the rate of interest even though the loan was incurred prior to the passing o the usurious loans act (a conclusion, which would follow from the specific provision contained in section 14, encumbered estates ..... act).it was further held thata decree obtained by a creditor ceases to exist as such when he prefers a claim .....

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Aug 07 1945 (PC)

Gudivada Suryanarayana Vs. Tadikonda Alavandararao and ors.

Court : Chennai

Decided on : Aug-07-1945

Reported in : (1945)2MLJ565

..... . as a result of our finding that there has been a failure of consideration it is unnecessary to consider the question of relief under the usurious loans act any further. the amount which would have been due on a proper scaling down of the debt as on the date of the execution of ..... had, the wisdom not to claim compound interest in his plaint that fact will not remove the contract from the purview of section 3 of the usurious loans act as amended in madras. it is also quite clear that the first defendant is an agriculturist by. calling and the contract would therefore have to ..... evidence of the circumstances under which he came to sign the promissory note. in view of our conclusion on this plea, the further plea under the usurious loans act becomes of minor importance, but we must state that we do not agree with the conclusion of the learned subordinate judge on this issue. clearly, ..... and another being coercion. he also advanced a plea under the usurious loans act.2. it is well settled that a debt incurred after the commencement of madras act iv of 1938 cannot be scaled down except in accordance with section 13 of that act. but it is also well settled that in a suit on ..... executed this renewed promissory note, he had established his right in other proceedings between himself and the first plaintiff to the relief given under madras act iv of 1938 to agriculturists. the learned subordinate judge has rejected all this evidence about the circumstances in which the promissory note came to be .....

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Aug 07 1945 (PC)

Gudivada Suryanarayana Vs. Tadikonda Alwandararao and ors.

Court : Chennai

Decided on : Aug-07-1945

Reported in : AIR1946Mad111

..... . as a result of our finding that there has been a failure of consideration it is unnecessary to consider the question of relief under the usurious loans act any further. the amount which would have been due on a proper scaling down of the debt as on the date of the execution of ..... evidence of the circumstances under which he came to sign the promissory note. in view of our conclusion on this plea, the further plea under the usurious loans act becomes of minor importance, but we must state that we do not agree with the conclusion of the learned subbrdinate judge on this issue. clearly ..... has had the wisdom not to claim compound interest in his plaint that fact will not remove the contract from the purview of section 3, usurious loans act, as amended in madras. it is also quite clear that defendant 1 is an agriculturist by calling and the contract would, therefore, have to be ..... another being coercion. he also advanced a plea under the usurious loans act.2. it is well settled that a debt incurred after the commencement of madras act, 4 [iv] of 1938, cannot be scaled down except in accordance with section 13 of that act. but it is also well settled that in a suit ..... defendant 1 executed this renewed promissory note, he had established his right in other proceedings between himself and plaintiff 1 to the relief given under madras act, 4 [iv] of 1938, to agriculturists. the learned subordinate judge has rejected all this evidence about the circumstances in which the promissory note came to .....

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Nov 23 1945 (PC)

Batchu Venkatarao Vs. Surneedi Sathiraju and ors.

Court : Chennai

Decided on : Nov-23-1945

Reported in : AIR1946Mad291; (1946)1MLJ198

..... decree. clearly there was an arithmetical error in calculating the amount of payments. the question whether there was an error in the application of the usurious loans act is to a large extent a matter of opinion. the learned judge might have stated at more length his reason for reducing the claim as drastically ..... of the lower court was wrong. his contention is that there was no basis for the lower court's decision that the rate of interest was usurious and that anyhow the reduction in the rate of interest should not have been so drastic as it was. against this contention the respondents urge ..... , treating the transaction as usurious and gave a decree on that basis for rs. 3,000 with interest at nine per cent from the date of the bond, less the amount ..... order amending a decree and in rejecting the application, they merely observe that it is open to the petitioner relying on section 5 of the limitation act to appeal against the decree as amended, notwithstanding the expiration of one month from the date when the decree was passed. that is really nothing ..... annual rests. in the plaint the appellant gave up rs. 550 and claimed rs. 9,000 with subsequent interest. the defendants raised pleas under madras act iv of 1938 which were negatived. the court accepted the evidence of certain payments made and also reduced the rate of interest to nine per cent simple .....

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Jun 11 1945 (FN)

Nebraska Vs. Wyoming

Court : US Supreme Court

Decided on : Jun-11-1945

..... those practices. certainly an apportionment of storage water would disrupt the system of water administration, which has become established pursuant to mandate of congress in 8 of the reclamation act, that the secretary of the interior, in the construction of these federal projects, should proceed in conformity with state law. in pursuance thereto, page 325 u. s. ..... special master concluded that, since the north platte project storage water was disposed of under contracts between the united states and landowners under the project and under the warren act contracts, the obligations of those contracts and the necessity of performance under them must be recognized by the decree. he concluded, however, that, in the allocation of ..... priorities among themselves or among the lands which they serve, in the event of an appropriate adjustment of storage contracts. concededly, the various storage water contracts, including warren act contracts, preclude joint operation of seminoe and pathfinder. the special master also concluded that joint operation would raise questions concerning rights under wyoming natural flow appropriations senior to ..... beneficial use shall be the basis, the measure, and the limit of the right. " (italics added.) the secretary of the interior, pursuant to 3 of the reclamation act, withdrew from public entry certain public lands in nebraska and wyoming which were required for the north platte project and the kendrick project. initiation of both projects was accompanied by .....

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Apr 02 1945 (FN)

Colorado Interstate Gas Co. Vs. Fpc

Court : US Supreme Court

Decided on : Apr-02-1945

..... profit. if amarillo, rather than canadian, had entered the project, had sold a bond issue to southwestern, and, with part of the proceeds, paid off a $5,000,000 loan to standard, certainly the amount of that payment would not be properly included in its rate base. we fail to see a difference in substance when another wholly owned subsidiary ..... is necessary in the public interest. transportation and sale do not include production or gathering. other sections emphasize that distinction. thus, 4 and 5, the rate regulating provisions of the act, refer to charges for the "transportation or sale of natural gas, subject to the jurisdiction of the commission." sec. 7(a) relates to the extension or improvement of " ..... customers, and (c) interstate transportation to distributing companies for resale. only some of those activities are subject to the jurisdiction of the commission. for 1(b) of the act provides: "the provisions of this chapter shall apply to the transportation of natural gas in interstate commerce, to the sale in interstate commerce of natural gas for resale for ultimate ..... 30, 1945 decided april 2, 1945 * 324 u.s. 581 certiorari to the circuit court of appeals for the tenth circuit syllabus the federal power commission, under the natural gas act, ordered reductions in petitioners' interstate wholesale rates. though separate companies, petitioners operated their properties as an integrated system. their business consisted of intrastate sales, direct industrial sales, and interstate .....

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Jan 08 1945 (FN)

Hartford-empire Co. Vs. United States

Court : US Supreme Court

Decided on : Jan-08-1945

..... amount by any of the individuals in question, could tend towards a violation of the sherman act. the phrase "evidence of indebtedness" is also used. this would indicate complete prohibition against making a loan, however reasonable or however proper the purpose, evidenced by a promissory note. the decree should ..... , hartford, and empire, and the individual defendants associated with each, have monopolized and attempted to monopolize trade in violation of 2 of the sherman act. this involves exclusion from the paragraph of reference to laboratory, paste mold, and electrical ware. to comport with the record, the phrase "ovenware ..... in the conspiracy. individual appellants, except collins, fulton, fisher, and dilworth, who were officers or directors of corporate appellants each did one or more acts, such as negotiating, voting for, or executing agreements, which constituted steps in the progress of the conspiracy. to this extent, they participated in ..... [ footnote 12 ] see standard sanitary mfg. co. v. united states, 226 u. s. 20 . decrees and judgments in federal antitrust cases (1918) p. 265; united states v. motion picture patents co., 225 f. 800, appeal dismissed, 247 u.s. 524. decrees and judgments in federal antitrust cases ..... (1918) pp. 379-380; united shoe machinery corp. v. united states, 258 u. s. 451 ; ethyl gasoline corp. v. united states, 309 .....

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