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august 1965

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.

MODHUSUDANO MOLLANA vs KONTARU NAIKO AND OTHERS · Niyam