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july 1964

Supreme Court of India · 1964-07-24

K. HUTCHI GOWDER vs RICHOBDAS FATHAIMULL AND COMPANY

Citation / case number
SC 1962/77
Court
Supreme Court of India
Petitioner
K. HUTCHI GOWDER
Respondent
RICHOBDAS FATHAIMULL AND COMPANY
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that under the Madras Agriculturists Relief Act, 1938, specifically Sections 13 and 19, a debt incurred after the commencement of the Act cannot be scaled down. The Court clarified that the provisions for scaling down debts apply only to those incurred before the Act came into force, and decrees related to post-Act debts cannot be reopened. Consequently, the High Court's decision to deny the scaling down of the decree was upheld, affirming that relief is limited to interest concessions for such debts.

K. HUTCHI GOWDER vs RICHOBDAS FATHAIMULL AND COMPANY · Niyam