Supreme Court of India · 1965-08-06
MODHUSUDANO MOLLANA vs KONTARU NAIKO AND OTHERS
- Citation / case number
- SC 1964/90384
- Court
- Supreme Court of India
- Petitioner
- MODHUSUDANO MOLLANA
- Respondent
- KONTARU NAIKO AND OTHERS
Judgment text excerpt
The Supreme Court held that the Orissa Money-Lenders Act, 1939 does not impose a restriction on the maximum capital a money lender can invest in their business, as no such provision exists in the Act itself. The Court ruled that the rules framed under the Act, which set a maximum capital limit, are invalid as they exceed the authority granted by the Act. Consequently, the Court reversed the High Court's decision and upheld the trial court's decree in favor of the appellant for recovery of the loan amount.