The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday June 8 1936

It seems to us however that the section refers to the contract rate and if that rate is above the limits set by the statute the section applies—whether the creditor now charges interest at the statute rate from the beginning or whether which is worse he exhausts previous payments by appropriaing them at the contract rate as far as they will go and then for the remaining period charges inter [...] Our correspondent refers to the word “ suit ” and says that the word “ charged ” must be interpreted by reference to that expression as meaning “ charged in the suit.” But if that were the intention of the Legislature one would expect the more apropriate term “ claimed.” It also seems to us that grammatically the word “ charged ” goes with the word “ loan ” and the refeence is to the intere [...] The basis of the opinion of Cunliffe J. appears to be that since the findings of the Magistrate fall to the ground the High Court. [...] The intention of the section if it is to be given any effect must be that if the High Court finds that the reasons given for the acquittal are wrong and the case is otherwise of such a character as calls for interference the High Court will go into the facts as they appear on the record and if an offence appears to have been comitted that is to say a prime) facie case is disclosed it wil [...] The lower Court having rejected the promissory rote r.s evidence declined to give a decree to the Plaintiff on the original debt holding that the hand-letter was not given in respect of an antecedent debt but was a conteporaneous document executed at the same time as the transaction relating to the sale.