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.