Court : Chennai
Decided on : Jun-22-1987
Reported in : (1989)2MLJ79
..... be decided now would be, whether the interest charged by the bank is excessive and whether this court could call in aid the provisions of the usurious loans act,1918 (act 10 of 1918) to mitigate the rigour of the loan transaction, and if so, what relief the appellants are entitled to? learned counsel for the appellants, questioned the legality of the compound interest charged ..... taken into account by the court in considering the question whether the interest is excessive under this section. the said usurious loans act, 1918 has been amended by the tamil nadu act viii of 1937. under the amended section 3(1) of the usurious loans act, a new explanation was inserted, according to which, if the interest is excessive, the court shall presume that the ..... have now to be considered in the light of the latest amendment of the banking regulation act as amended by the banking laws (amendment) act, 1983 (act i of 1984). section 21-a of the act reads as follows:not withstanding anything contained in the usurious loans act, 1918 or any other law relating to indebtedness in force in any state, a transaction between a ..... accordance with the regulations and directives issued by the reserve bank of india periodically, would fall within the scope of the provisions of the usurious loans act. according to the respondent bank, the provisions of the usurious loans act will not be applicable, in so far as the respondent bank is concerned. according to the learned counsel for the respondent, the provisions of .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-01-1987
Reported in : ILR1988KAR20
..... gopala menon and others, : 1scr721 the supreme court was concerned with the transactions of the year 1936 and 1938. considering the case under the provisions of the madras usurious loans act, 1918 (central act), the court in para 9 and 11 of the judgment observed thus:'there can be no dispute that interest that payable at the rate of 10 per cent compoundable annually ..... in girwar prasad narain singh v. ganeshlal saraogi 'the following observations therein were relied upon :' 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 loan is excessive ; and (2) that the transaction was, as between the parties thereto, substantially unfair.'the aforesaid decision of the federal court was rendered ..... mortgage debt in question is binding on defendants 2 and 3?4) whether the suit is barred by time?5) whether the transactions in question attract the provisions of mysore usurious loans act 1923?point no. 1:4. the plaintiff is the assignee of the two mortgage deeds in question produced as exs. p-1 and p-3. the original mortgagee was ..... the mortgage transactions in question fall within the ambit of the definition of the expression 'loan' as defined in the mysore usurious loans act, 1923 (hereinafter referred to as 'mysore act ix of 1923'). according to sub-section (2) of section 2 of the mysore act ix of 1923, 'loan' means a loan whether of money or in kind and includes any transaction which is, in the opinion .....Tag this Judgment!
Court : Chennai
Decided on : Mar-23-1987
Reported in : (1988)1MLJ413
..... of redemption in all circumstances, even if there is no question of the rate being penal, excessive of substantially unfail within the meaning of the usurious loans act, 1918. in view of the principal laid down by the federal court in this decision we are of opinion that in the circumstances of the present case ..... due to the plaintiff in half yearly instalments of rs. 3,000 each?(v) relief and costs.additional issues:(vi) whether the interest claimed is usurious?(vii) whether the plaintiff is entitled to claim only 9% interest at the most?on issue 2, the learned subordinate judge held that the 2nd ..... half-yearly instalments of rs. 3,000 each.5. in her additional written statement, the 2nd defendant contended that the interest claimed by the plaintiff was usurious.6. on the above pleadings, the following issues were framed for trial:(i) what is the correct amount due to the plaintiff?(ii) whether the ..... 2nd defendant is an agriculturist and if so whether he is entitled to the benefits of the agriculturist relief act?(iii) whether the plaintiff is entitled to a personal decree against defendants 1 and 2, and for a preliminary mortgage decree as claimed in the ..... such steps, the plaintiff has allowed the dues to continue for years together. the 2nd defendant also claimed that she was entitled to the benefit of act iv of 1938. she also disputed that the plaintiff was entitled to claim interest at 12% as claimed in the plaint. the interest claimed has .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-25-1987
..... at 67, 94, 107, 113-114, 167, 360, 362, 427-428. [ footnote 2 ] page 483 u. s. 526 section 110 of the amateur sports act (act), 92 stat. 3048, 36 u.s.c. 380, grants respondent united states olympic committee (usoc) [ footnote 3 ] the right to prohibit certain commercial and promotional ..... constitutionally may obtain a limited property right in the word. international news service v. associated press, 248 u. s. 215 , 248 u. s. 239 (1918). see trade-mark cases, 100 u. s. 82 , 100 u. s. 92 (1879). there is no need in this case to decide whether congress ..... 1987 483 u.s. 522 certiorari to the united states court of appeals for the ninth circuit syllabus section 110 of the amateur sports act of 1978 (act) grants respondent united states olympic committee (usoc) the right to prohibit certain commercial and promotional uses of the word "olympic" and various olympic ..... ), have used the word "olympic" at least since 1896, when the modern olympic games began. app. 348. baron pierre de coubertin of france, acting pursuant to a government commission, then proposed the revival of the ancient olympic games to promote international understanding. d. chester, the olympic games handbook 13 ..... united states in the olympic games. even though 110's protection may exceed traditional rights of a trademark owner in certain circumstances, the act's application to commercial speech is not broader than necessary to protect the legitimate congressional interests, and therefore does not violate the first amendment .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-28-1987
Reported in : (1987)(12)ECC113
..... personum - retrospectively. in the case relied upon by our learned brother (air 1979 s.c. 180) an inclusive definition of "paper" in section 2(a)(vii) of the essential commodities act (1955) came up for construction. on careful scrutiny of the inclusive definition, it appeared that the things mentioned in the inclusive part may not ordinarily be regarded as "paper". therefore ..... goods as dobbi voil, dobby palace, habutae in the export declarations was as per brussels tariff nomenclature and that there is no tariff heading separately in the indian customs tariff act for lining material. the price shown in the export declaration is price at destination bombay of the goods sold to the appellants. when such price itself has been ascertained enquiries ..... " reported in 1986-(23)-elt-507 regarding acceptability of a statement as evidence in adjudication proceedings.relating to the submissions of the appellants' counsel on section 139 of the customs act admittedly are applicable to court proceedings the s.d.r. pointed out that when the section required the courts to presume the correctness of documents it should be more so ..... a definite description for 'lining material' which is dutiable under item 51 of the customs tariff schedule. the counsel also argued that clause (ii) of section 139 of the customs act, 1962 relied upon by the collector was not available to the adjudicating authority but referred to proceedings before a court of law. further the presumption in that section regarding the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-09-1987
..... (emphasis in original). justice scalia, concurring in the judgment. i agree with the court that the plain meaning of "well founded fear" and the structure of the immigration and nationality act (act) clearly demonstrate that the "well founded fear" standard and the "clear probability" standard are not equivalent. i concur in the judgment rather than join the court's opinion, however, ..... 1986 decided march 9, 1987 480 u.s. 421 certiorari to the united states court of appeals for the ninth circuit syllabus section 243(h) of the immigration and nationality act (act) requires that the attorney general withhold deportation of an alien who demonstrates that his "life or freedom would be threatened" thereby on account of specified factors. the above-quoted ..... mandatory distinction has no practical significance. decisions such as matter of salim, supra, and matter of shirdel, supra, clearly demonstrate the practical import of the distinction. moreover, the 1980 act amended 243(h) for the very purpose of changing it from a discretionary to a mandatory provision. see supra at 480 u. s. 428 -429. congress surely considered the ..... , they should have applied the "well founded fear" standard, which she considered to be more generous. the court agreed. relying on both the text and the structure of the act, the court held that the "well founded fear" standard which governs asylum proceedings is different, and in fact more generous, than the "clear probability" standard which governs withholding of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-18-1987
Reported in : 1989(20)LC201(AP); 1988(32)ELT321(AP)
..... be sufficient to show a distinct and noticeable burden someness, clearly and directly attributable to the tax.' to a taxing statute like 'customs act, 1962', referred as ordinary act, what was said in the case is not relevant. judged from that perspective, no case is made out for the interference of this ..... , the plea of discrimination simplicitor is held to have not been proved 3. the second issue raised is with reference to section 25 of the customs act, which reads; '25 : power to grant exemption from duty: (1) if the central government is satisfied that it is necessary in the public interest ..... calculated at the rate of 60 per cent ad- valoram, and (ii) the whole of the additional duty leviable under section 3 of the second mentioned act.' the notification 18 was rescinded by no. 233 of 1984 published on september, 1984 which recites; '.... the central government....... in the public interest so ..... under heading no. 29.01/45 of the first schedule to the customs tariff act, 1975 (51 of 1975) when imported into india by actual users for the manufacture of anti- tb drug pyrazinamide, from (i) so much of ..... 1984 published on february 14, 9184. the other is 233 of 1984 published on september 12, 1984. the two were notified under section 25 of the customs act, 1962. the notification no. 18 recites; '... central government.... in the public interest so to do, hereby exempts pyrazine mono carbolic acid (phca), falling .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-24-1987
Reported in : AIR1987SC2310; 64(1987)CLT256(SC); JT1987(4)SC1; 1987(2)SCALE639; 1987(Supp)SCC751; 1SCR314
..... subject to other constitutional limitation. the rendering ineffective of judgments or orders of competent courts by changing their basis by legislative enactment is a well known pattern of all validating acts. such validating legislation which removes the causes of ineffectiveness or invalidity of action or proceedings cannot be considered as encroachment on judicial power. the legislature, however, cannot by ..... forest produce whether grown or found on land owned by private persons or on land owned by the state government or in government forests.8. section 5 of the act has been amended to nullify all existing private contracts in relation to specified forest produce. it reads:5. restriction on the purchase and transport and rescission of subsisting contracts ..... of trade) (amendment and validation) ordinance, 1987, (the 'ordinance'). the ordinance shall be deemed to have come into force with effect from september 5, 1981 when the principal act was notified in the orissa gazette. the ordinance purports to render the aforesaid decision ineffective. the petitioners have again approached this court challenging the validity of the ordinance.6. before ..... that the contracts relating to specified forest produce which stand rescinded are contracts in relation to forest produce grown in private holdings only. if the very object of the act is to create a monopoly in forest produce in the government so as enable the government, among other things, to enter into contracts, there was no point in .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-30-1987
Reported in : ILR1987KAR2730
..... be made for 10 years at one stretch, it could be made for 5 years in the first instance and renewed for a further period of 5 years thereafter. no loan shall be permitted 011 the fixed deposits. the interest accruing on the investment from time to time shall be paid over to the first-appellant-mother for being spent for .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-08-1987
..... , 192 u. s. 286 (1904); united states v. michigan, 190 u. s. 379 (1903); and specifically in a case involving a compact, virginia v. west virginia, 246 u. s. 565 (1918). in proper original actions, the eleventh amendment is no barrier, for, by its terms, it applies only to suits by citizens against a state. maryland v. louisiana, 451 u. s ..... new mexico have been at odds on the interpretation of the compact, and that their respective views have not been without substantial foundation. both special masters recognized that new mexico acted in good faith, and, as judge breitenstein said in his 1982 report, new mexico's "obligation is still uncertain, because the definition of the 1947 condition must be translated into ..... well as other matters that could not be resolved through the pecos river commission, which article v of the compact established to carry out its provisions and which can effectively act only by mutual agreement of the two states. [ footnote 2 ] after years of relatively fruitless negotiation, texas filed this original action in june, 1974. we granted leave to file the .....Tag this Judgment!