Skip to content


Judgment Search Results Home > Cases Phrase: the usurious loans act 1918 Year: 1973 Page 1 of about 6 results (0.023 seconds)

Aug 18 1973 (HC)

Konakalla Venkata Satyanarayana (Died) and ors. Vs. State Bank of Indi ...

Court : Andhra Pradesh

Decided on : Aug-18-1973

Reported in : AIR1975AP113

..... saraogi, (air 194? fc 57), patanjali sastri, j. (as he then was) held that'in order to be entitled to the benefit of the usurious loans act 1918, the appellant must establish.(1) that the interest payable on the loans is excessive; and(2) that the transaction was, as between the parties thereto, substantially unfair. it was frankly admitted before us that the appellant adduced ..... p. l. n. sarma, the learned counsel for the appellants that ex facie the rate of interest charged is excessive and under explanation (1) to section 3(1) of the usurious loans act a presumption arises that the transaction was substantially unfair and the court is bound to reopen the transaction and relieve the debtor of the liability to pay the excessive interest ..... by him, the pecuniary position of the debtor, the rate of interest prevailing at that time and the advantages which the debtor would derive from the loan.a debtor would get relief under the usurious loans act only if it is established that the transaction is substantially an unfair one. it is true that the explanation introduced by the madras amendment has laid down ..... per cent per annum with monthly rests at 8 1/2 per annum.40. the question whether interest is usurious or not has to be determined with reference to the provisions of usurious loan* act. section 3 of the said act as amended by the madras amending act viii of 1937 which it is admitted is in force in the state of andhra pradesh, reads as .....

Tag this Judgment!

Sep 13 1973 (HC)

Navis Ammal Fernando and anr. Vs. S. Subbiah Iyer

Court : Chennai

Decided on : Sep-13-1973

Reported in : (1974)1MLJ334

..... reference to only two points considered and rejected by the trial court, they being the reliance on the provisions of the usurious loans act (central act x of 1918) as amended by the usurious loans (madras amendment) act, 1936 (madras act viii of 1937) and the madras money-lenders act, 1957 and consequently we proceed to consider only those two points in this appeal.7. as far as the first ..... rate of interest stipulated in the mortgage deed, exhibit a-1, were not liable to be reopened under section 3(1) of the usurious loans act (central act x of 1918), as amended by madras act viii of 1937 and that the madras moneylenders act, 1957, not having retrospective effect, did not affect the rate of interest provided in exhibit a-1, the mortgage-deed, which admittedly ..... point regarding the usurious loans act (central act x of 1918) is concerned, section 3(1) of that act provides that where in any suit to which that act applied, the court has reason to believe : (a) that the interest is excessive; and (b) that the transaction was, ..... that the first appellant was entitled to claim the benefits of the madras agriculturists relief act (iv of 1938) and that the interest was liable to be scaled down under the provisions of the usurious loans act (central act x of 1918) as well as the madras money-lenders act, 1957.3. on these pleadings of the parties, the trial court settled the following issues for .....

Tag this Judgment!

May 02 1973 (HC)

Madan Mohan Lal Garg Vs. Brijmohanlal Garg

Court : Delhi

Decided on : May-02-1973

Reported in : 9(1973)DLT397

..... appellant then contended that section 2 of the act contains definitions of various expressions including 'registered trade mark' unless the context otherwise requires and, thereforee, registered trade mark which means a trade mark which ..... adjudicated in a civil court by instituting a regular suit. (16) on its very language, thereforee, sub-section (1) of section 44 of the act cannot apply where there is no registered trade mark and the occasion for applying the proviso to this sub-section would not arise. (17) the ..... this sub-section with respect to a registered trade mark and it is for this purpose that sub-section (1) of section 44 of the act provides that any assignment or transmission of a registered trade mark together with its particulars should be entered in the register. the proviso only gives ..... . (14) coming to the merits, the contention on behalf of the appellant is that this application under sub-section (1) of section 44 of the act was competent even though there was no registered trade mark because a registered trade mark includes a trade mark under registration. now, sub-section (1) of section ..... appeal under subsection (2) of section 109. (11) this conclusion is reinforced by rule 3 which provides that all applications and appeals under the act shall be made by petition and the only requirement of the rule is that such a petition should be supported by an affidavit. we, thereforee, .....

Tag this Judgment!

Oct 12 1973 (HC)

Shamamma and anr. Vs. Ramachander Rao and ors.

Court : Andhra Pradesh

Decided on : Oct-12-1973

Reported in : AIR1974AP150

..... that the object of the enactment 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 without obtaining licence on pain of imprisonment as well as by empowering courts to dismiss suits of such ..... that the object of the enactment was to serve a public purpose and the mischief it sought to secure was to protect the borrowers from unscrupulous and usurious money lenders by prohibiting them from lending moneys without obtaining licence, m. a. ansari, j. who spoke for the majority observes at p. 118 as ..... to the sessions judge)' (c) an offence under this sub-section shall be cognizable and bailable.'8. section 9 of the act provides that in every suit relating to a loan the court shall frame and decide the issue, whether the lender is a money lender as defined in sub-section(7) of ..... principle laid down by us as aforesaid, if the licence was granted on such an application, it would be another licence within rule 16 and the loan transaction would be saved. the view of the learned judge that the contract is unenforceable cannot therefore be upheld. the learned judge is also not justified ..... decision that even thought there is no fault of the officers, since the plaintiff was not in possession of he licence on the date of the loan, he had no authority to lend money to the defendant and the contract was unenforceable. the learned judge relied for this purpose upon an earlier .....

Tag this Judgment!

May 02 1973 (HC)

R.K. Manufacturers and ors. Vs. Minerals and Metals Trading Corporatio ...

Court : Chennai

Decided on : May-02-1973

Reported in : (1973)2MLJ389

..... consideration under this head of discussion is whether the reliance placed upon the price of the goods by durgapur alloy steel plant is valid. in john h. reagan v. farmers loan trust company 38 lawyer's edition, p. 1014, , the court said:although the formation of a tariff of charges for transportation on a common carrier is a legislative or ..... doctrinaire approach in the matter of construction and elucidation of article 14 of the constitution has to be avoided. again, as a selective quality is generally present even in executive acts, sometimes the courts may be obliged to judicially examine even such executive actions to find out whether such actions resulted in discrimination amongst persons equally circumstanced.36. the three tier ..... its mind while the price was settled. i have perused the file relating to pricing for canalising agencies and do not find that the objection is acceptable. the 2nd respondent acts through responsible officers in the ministry of foreign trade, ministry of steel, ministry of finance, the chief controller of imports and exports, the economic advisor of india, the principal ..... with certain aspects which are more in the nature of executive instructions for the furtherance of the avowed objects of the legislature as contained in the imports and exports (control) act, 1947 and the imports (control) order, 1955.21. in east india commercial company limited, calcutta v. collector of customs, calcutta : 1983(13)elt1342(sc) , a similar public notice issued .....

Tag this Judgment!

Sep 12 1973 (HC)

Dr. C.B. Singh Vs. the Cantonment Board, Agra

Court : Allahabad

Decided on : Sep-12-1973

Reported in : AIR1974All147

..... public places'. clause (h) refers to 'constructing, altering and maintaining streets, culverts, markets, slaughter-houses, latrines, privies, urinals, drains, drainage works and sewerage works'. section 108 of the cantonments act is important. it provides:'108. property:-- subject to any special reservation made by the central government all property of the nature hereinafter in this section specified which has been acquired ..... but for making it dangerous unless it is sufficiently lighted......,..'in summing up his views at page 140 scrutton, l. j. observed that in case governed by the public health act, 1875 the local authority, although under no obligation to light the streets, would be liable for:'......... negligence in putting posts in a highway without warning, and negligence in placing ..... result of this, the plaintiffs motor car collided with the bollard and the plaintiff was injured. there was evidence that compulsory street lighting under section 130 of the metropolis management act, 1855 was in full force. slesser, l.j., however, in his judgment did not place any reliance on section 130. he said that the defendants, having utilised their ..... to point out that if the view expressed in wodehouse's case (wodehouse v. levy, 3940 2 kb 298) were correct and local authorities in the metropolitan area had acted upon it (which happily they did not) the streets of london would have been littered with smashed vehicles and the bodies of their occupants. moreover, the argument is quite .....

Tag this Judgment!

Nov 03 1973 (HC)

The Gujarat Electricity Board Vs. Shri Rajratna Naranbhai Mills Co. Lt ...

Court : Gujarat

Decided on : Nov-03-1973

Reported in : (1975)16GLR90

..... the minimum charges under the agreement are in the nature of a penalty and for this purpose reliance was placed on section 74 of indian contract act. section 74 provides for compensation for breach of contract where penalty is stipulated for. the main question that we have to consider is, whether ..... the time being under the law of insolvency with respect to the estates of persons adjudged insolvent.16. under section 34 of the provincial insolvency act, debts which have been excluded from the schedule on the ground that their value is incapable of being fairly estimated and demands in the nature ..... municipality : air1936cal265 , the question of minimum charges was considered by r.c. mitter, j., sitting singly. the scheme of the provisions of 1910 act was considered and it was observed:a minimum charge is not really a charge which has for its basis the consumption of electric energy. it is really ..... quite different from the discontinuance of the supply. the right to discontinue the supply of electrical energy is derived from section 24 of the 1910 act whereas the termination of the agreement is provided for in two distinct clauses of the agreement dated january 8, 1962. clause 10 of this agreement ..... supplier in consequence of any breach or default on the part of the consumer entitling the supplier so to do under the provisions of the act and the rules, the amount of charges for the electrical energy already supplied and all other moneys then payable under this agreement shall become due .....

Tag this Judgment!

Nov 03 1973 (HC)

Gujarat Electricity Board Vs. Rajratna Naranbhai Mills Co. Ltd. (In Li ...

Court : Gujarat

Decided on : Nov-03-1973

Reported in : [1974]44CompCas127(Guj); (1975)0GLR90

..... the minimum charges under the agreement are in the nature of a penalty and for this purpose reliance was placed on section 74 of indian contract act. section 74 provides for compensation for breach of contract where penalty is stipulated for. the main question that w have to consider is whether ..... the time being under the law of insolvency with respect to the estates of persons adjudged insolvent. 20. under section 34 of the provincial insolvency act, debts which have been excluded from the schedule on the ground that their value is incapable of being fairly estimated and demands in the nature ..... municipality : air1936cal265 , the question of minimum charges was considered by r. c. mitter j., sitting singly. the scheme of the provisions of the 1910 act was considered and it was observed : 'a minimum charge is not really a charge which has for its basis the consumption of electric energy. it is ..... is quite different from the discontinuance of the supply. the right to discontinue the supply of electrical energy is derived from section 24 of the 1910 act, whereas the termination of the agreement is provided for in two distinct clauses of the agreement dated january 8, 1962. clause 10 of this ..... the supplier in consequence of any breach or default on the part of consumer entitling the supplier so to do under the provisions of the act and the rules, the amount of charges for the electrical energy already supplied and all other moneys then payable under this agreement shall become due .....

Tag this Judgment!

Aug 31 1973 (SC)

Daruka and Co. Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-31-1973

Reported in : AIR1973SC2711; (1973)2SCC617; [1974]1SCR570

..... -owners, exporters and processors, checking smuggling in foreign exchange, under-invoicing, illegal acquisition of foreign currency and eliminating the chances of contravention of various provisions of the foreign exchange regulations act and exports (control) order will be stultified. the utility of a state agency in the smooth running of export trade in such commodity as mica blocks, condenser films, splittings, ..... violates article 19(1)(g) of the constitution. third, after the proclamation of emergency it has to be found whether the canalisation scheme could have been made under the 1947 act. fourth, the scheme violates article 14 of the constitution. there is discrimination between the exporters of mica powder and mica scrap and mica waste. the exclusion of mica powder ..... a canalisation scheme. it is in fact a scheme to transfer the business of the petitioner and goodwill in favour of the corporation which is outside the purview of the act. second, the scheme is an unreasonable restriction in so far as it results in loss of foreign exchange, loss of profit and enables contracting foreign buyers to avoid the ..... making provisions for prohibiting, restricting or otherwise controlling the import and export of goods of special description. in exercise of the powers conferred under section 3 of the 1947 act the central government from time to time issued orders regulating export of goods. the export control order 1968 referred to as the 1968 order came into existence under these powers .....

Tag this Judgment!

Jul 25 1973 (HC)

Hamdard Dawakhana (Wakf) and anr. Vs. Hans Raj and anr.

Court : Delhi

Decided on : Jul-25-1973

Reported in : ILR1974Delhi119

..... . even at that time the hamdard dawakhana had alleged that sharbat rooh afza had been introduced in the delhi market in 1907, and that it had registered this name in 1918. it is true that i cannot give any weight to the facts proved in that case, but i mention the fact of the plaintiff's syrup being in the market .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //