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–Execution of fresh document for amount remaining due on loan under earlier document–Suit on later document–Interest before date of suit–Maximum amount that could be decreed–Whether to be calculated on basis of earlier or later document–” Amount of loan mentioned in, or evidenced by, such document” meaning of. Money-lenders Regulation of Transactions Act VII of , Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 s. The Federal Court held in Ramnandan Prasad Narain Singh and Another v. Appeals to the High Court were numbered as M.

It is from this order that the present appeals have been preferred. Notwithstanding anything to the contrary con- tained in any other Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 or in anything having the force of law or in any agreement, no Court shall, in any suit brought by a money-lender before or after the commencement of this Act in respect of a loan advanced before or Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 after the com- mencement of this Act or in any appeal or proceedings in revision arising out of such suit, pass a decree for Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 an amount of interest for Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 16 Near post office Chandigarh 160015 Phone 098766 16815 the period preceding the institution of the suit, F.

Two points were urged on behalf of the appellants, namely a that the decree-holder was barred by construc- tive res-judicata from contending that the construction placed upon section by the judgmentdebtors was wrong; and b that in applying section , we must consider the origi- nal amount of loan of Rs. In answer to a fresh application for execution dated – – , Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 the two brothers filed the same objections as before. and of related to sections and of the Bihar Money-lenders Act and Miscellaneous Cases Nos.

Nadni Prasad Singh and Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 Others A. Prices collapsed and are down now due to low consumer demand because of the global credit crunch. , , dated – – the petitioners paid Rs. The petitions two by each of them were filed separately by the brothers. , for Rs, , a Mortgage Suit No. , – – one mortgage bond dated – – was executed for Rs. , – – was passed on – – . The Federal Court was not dealing with any question of interpretation at all.

Sri Gajadhar Prasad Sahu Trust Estate and Otherse , “Section of the Act of is no doubt extremely obscure and illdrawn. The appellants j contend that for the purposes of calculating the interest to be decreed prior to the date of the suit the loan advanced must be taken to be the original sum and that if an account is taken of all the sums received by the creditor as interest from that date up to the date of the suit, there would be nothing due for interest. Adding an equal sum by way of interest which according to them was the maximum amount, permitted to be allowed under section of the Act, the total liability was stated to be Rs.

The very first thing you look and feel for in the defense attorney is knowledge. They modified the order of the lower Court in certain re- spects. But it is being predicted the actual experts making use of a recovery in the global economy, the oil demand will rise and the values will mechanism again. As pointed out by Sir Maurice Gwyer C. Even according to them the amount of the loan was what was mentioned in the mortgage bond of – – , but as a sum of Rs. ” When the decree-holder sought to execute the money decree by attachment and sale of the judgmentdebtors’ properties stating that they were subject to a mortgage lien of Rs.

in Surendra Prasad Narain Singh v. But far from doing so, it has A. — The decision of these four ap- peals, which are connected with each other and Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 which have arisen out of orders made by the High Court of Patna in four Miscellaneous Appeals, Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 depends on the interpretation of section of the Bihar Moneylenders Regulation of Transac- tions Act, . R acquiesced, during all these years in the construction which the Patna High Court has been placing upon the section from the very next year after the enactment of the statute.

The Judgment of the Court was delivered by CHANDRASEKHARA AIYAR J. This construction no doubt enables a creditor to circumvent the beneficent provisions of the Act by taking a document for the interest due and adding it to the principal amount. The correct interpretation of section was not in question between the parties. of for both the hand-notes was brought in rd Court of the Sub-Judge and a decree for Rs.

, , as the loan and they held that the plaintiffs were entitled to get a decree for interest for a sum not larger than Rs. Ap- peals taken to the High Court were dismissed. The decision of the Federal Court is reported in Ramnandan Prasad Narain Singh and Another v. and of related to the objections under section of the Code of Civil Procedure. , and the latter bond was satisfied by payment of Rs.

, given in the year and allow the claim of interest only for that maximum sum, after taking into account all sums paid by the appellants and Lexscient Law Firm – Best Law Firms in Chandigarh Address Kothi Number 815 Sector 16-D Backside Market of sector 16 Near post office Chandigarh 160015 Phone 098766 16815 their predeces- sors towards interest since . R Pat- , Madho Prasad Singh v. ” In the present case, the original loan of Rs. The Subordinate Judge held that the amount of the loan should be taken as the amount mentioned in the mortgage deed of and not the amount advanced in and that a sum of Rs. Ram Prasad rei-terates the same view, pointing out the distinction between sections and of the Act and stating that while under section we can go to the original loan in spite of a later document, under section , the loan must relate to the document on which the suit is based, that is, the final document and not the original one.

Only they can present your very case in front of the judge. Mukutdhari Singh and Others lays down the same position. This decree is under execution. However, in that time, had been a associated with time 18 months in which gold fell nearly 50%. When the decree-holder contended that section of the Bihar Money- lenders Act, , was declared void and ultra vires and that therefore section of the new Act which corresponded to section was also inapplicable, the judgment-debtors pleaded that they were entitled to the benefit of section of the new Act.

The judgment debtors raised the plea that the court should go back to the earlier bond of and that as a sum of Rs. To say that the appellants were entitled to take advantage of the provisions of section is entirely different from the contention that the inter- pretation sought to be put by them on section was the right one. Ramnarain Ram and Others and the plain- tiffs were awarded a decree on the basis that the loan was to be taken as Rs.

There are a few public health advocates which might be trying to ban them from schools because they are affecting the healthiness of our students. The case was remitted back to the High F. Madni Prasad Singh Others where a mortgage bond was executed on – – for a sum of Rs. He determined the market value of the several properties given as security, adopting times the net income as the basis. , Surendra Prasad Narain Singh v. The first point is entirely without substance.

It is impossible to see where the doctrine of constructive res judicata comes in, so as to be of help to the appellants. The Full Bench decision in Deo Nandan Prasad v. Mu- kutdheri Singh and Others I. , and the other for Rs. to of and they were heard by Manohar Lall and Imam JJ. If the interpretation does not carry out the intentions of the framers of the Act by reason of unhappy or ambiguous phrasing, it is for the Legis lature to intervene.

They urged that on a proper calculation under section no lien was subsisting on the properties owing to payments made towards the mort- gage debt amounting to Rs. , had been paid as and by way of interest towards that bond, no decree could be passed against them for more than the principal sum of Rs. of the Bihar Money-Lenders Regulations and Transactions Act, , is the amount mentioned, or evidenced by, the later document and not that mentioned in the original document which was renewed; and the court can pass a decree for an amount of interest for the period preceding the institution of the suit, which together with any amount realised as interest after the date of the later document, is not greater than the amount of loan mentioned in the later document.

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