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august 1964

Supreme Court of India · 1964-08-31

GAMINI KRISHNAYYA AND OTHERS vs CURZA SESHACHALAM AND OTHERS

Citation / case number
SC 1961/163
Court
Supreme Court of India
Petitioner
GAMINI KRISHNAYYA AND OTHERS
Respondent
CURZA SESHACHALAM AND OTHERS
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court ruled that under Section 9(1) of the Madras Agriculturists’ Relief Act, 1938, a debtor who executed a promissory note after the Act's commencement can still claim benefits if the original debt was incurred before the Act but after October 1, 1932. The Court clarified that debts incurred after the Act's commencement are subject to scaling down provisions under Section 8, while future interest is governed by Section 12 for pre-Act transactions and Section 13 for post-Act transactions. The appeal was allowed, and the trial court's decision was upheld, confirming the applicability of Section 9(1).

GAMINI KRISHNAYYA AND OTHERS vs CURZA SESHACHALAM AND OTHERS · Niyam