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december 1966

Supreme Court of India · 1966-12-13

INDIAN & GENERAL INVESTMENT TRUST LTD. vs SHRI PURNA CHANDRA MARDARAJ & CO.

Citation / case number
SC 1964/90519
Court
Supreme Court of India
Petitioner
INDIAN & GENERAL INVESTMENT TRUST LTD.
Respondent
SHRI PURNA CHANDRA MARDARAJ & CO.

Judgment text excerpt

The Supreme Court held that under Section 20(2) of the Orissa Estates Abolition Act 1951, a Claims Officer must consider whether a claim is legally and justly due, which includes evaluating the applicability of the Orissa Money Lenders Act 1939. The Court found that since the appellant had received more than double the amount of the original loan as interest, no amount was due to them. Consequently, the Claims Officer's decision was upheld, affirming that the debt was extinguished under Sections 10 and 11 of the Money Lenders Act.

INDIAN & GENERAL INVESTMENT TRUST LTD. vs SHRI PURNA CHANDRA MARDARAJ & CO. · Niyam