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july 1970

Supreme Court of India · 1970-07-20

GAJANAN AND ORS. vs SETH BRINDABAN

Citation / case number
SC 1966/60504
Court
Supreme Court of India
Petitioner
GAJANAN AND ORS.
Respondent
SETH BRINDABAN
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court held that Sections 11F and 11H of the C.P. Money Lenders Act, 1934 do not invalidate isolated transactions of money lending conducted by a registered money-lender in a district where they are not registered. The Court distinguished the case of Cornelius v. Phillips, affirming that the provisions of the English Act and the C.P. Act are not identical. It was concluded that an isolated transaction does not fall under the prohibitory mandate of the Act, thus allowing the suit for foreclosure to proceed.

GAJANAN AND ORS. vs SETH BRINDABAN · Niyam