cover image: 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 16  1941

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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 16 1941

1941

36 (2) (a) of the Money-Lenders Act the Court is to allow iterest up to the date of the suit or up to the date of the new decree. [...] The distinction arising under the Sonthal Pergannas Reglation or the Behar Money-Lenders Act that the statute controls only the contratual interest up to the date of the suit and not interest pendente lite which lies in the discretion of the Court is excluded by the Bengal Act which is absolute in its terms and fetters the discretion of the Court as well. [...] But within the limits set by the amount of the principal the discretion rmains and exercise of that discretion may in a case increase the amount of interest payable by the debtor which is certainly not the relief he wanted by asking for a ropening of the decree. [...] It is to be noticed that the power conferred on the Court in respect of a new decree is only to pass a decree in accordance with the provisions of the Act that is to say the Court is given power to interfere with the old decree in so far as it is not in accorance with the Act. [...] It appears to us that if the amount realised by the sale involves recovery of iterest in excess of the statutory limit the decree can be re-opened on that ground and once the decree is re-opened and scaled down the mortgagor will also get the benfit of instalments and of restoration of the property if the same be in the possession of the decree-holder.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 16 1941
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