cover image: The Calcutta Law Journal. December 16th  1933

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The Calcutta Law Journal. December 16th 1933

1933

per annum in the case of an unsecured loan or that there is a stipulation for rests at intervals of less than six months the Court shall until the contrary is proved presume for the purpose of section 3 of the Usurious Loans Act 1918 that the interest charged is excessive and that the transaction was harsh and unconscionable and was substantially unfair but this provision shall be without pr [...] in respect of any money lent by a money-lender before the comencement of this Act it is found that the arrears of interest amount to a sum greater than the principal of the loan the Court unless it is satisfied that the money-lender had reasonable grounds for not enforcing his claim earlier shall limit the amount of such interest recoverable in the suit to an atrount equal to the principal o [...] 8 If a monelender to whom a demand has been made in Failure to supply accordance with the provisions of sub-section (z) of section 7 fails sPeacrttilocnul7ars under without reascsnable excuse to comply therewith within a month from the date of tie service of the demand interest shall not be chargable in respect of the loan concerning which the demand was made for so long as the default cont [...] 9. (z) Where a debtor has sent to a money-lender by postal Deposit in Court money-order any sum of money due from him to the money-lender of money due to money-lender in respect of a loan and the money-lender has refused to accept the same the debtor may apply in the prescribed manner to the lowest Civil Court having jurisdiction over the place where he resides for permission to deposit the sail [...] (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the folloing matters namely :— (i) the form of a demand by a debtor and the particulars to be supplied by a money-lender under sub-section (z) of section 7 ; and (ii) the manner in which an application for:deposit is to be made under sub-section (r) of section 9 the fee
law
Pages
4
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal. December 16th 1933
67-70 unknown view

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