SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1994 Supreme(SC) 594

A.M.AHMADI, S.C.AGRAWAL
Corporation Bank: Bank Of India – Appellant
Versus
D. S. Gowda: Karnam Ranga Rao – Respondent


Advocates:
GAGRAT JANEDRA LAL, H.S.PARIHAR, K.N.BHATT, KULDIP PARIHAR, NAND KUMAR SINGH, NINA GUPTA, RAJIV TYAGI, RANJIT GHOSAL, S.N.BHATT, S.S.JAVALI, U.A.RAMA, VINIT KUMAR

Judgement Key Points

Key Points: - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!) (!) - (!)

What is the bank's entitlement to and limits on charging interest with periodical rests or compound interest for agricultural and non-agricultural loans?

What is the effect of Reserve Bank of India directives under Sections 21 and 21-A of the Banking Regulation Act on courts reopening bank transactions and relief under Usurious Loans Acts?

Whether Section 21-A bars court interference in cases where banks charged interest in excess of RBI-prescribed limits but may still permit relief to the borrower for excess interest or non-compliance with RBI directives?


Judgment

AHMADI, J.- These appeals brought by the aforementioned Banks by special leave raise certain important questions of law touching the business activities of the banks in the matter of grant of loans/advances and recovery thereof which may be formulated as under :

1. Whether the bank is entitled to claim interest with periodical rests, e.g., a monthly rest, a quarterly rest, a six-monthly rest, or a yearly rest, or compound interest in any other manner, from a borrower who has obtained a loan or an advance for agricultural/commercial purposes, as the case may be?

2. Whether the banks are bound to follow the directives/circulars issued by the Reserve Bank of India in exercise of power conferred by Section 21 of the Banking Regulation Act, 1949 prescribing the structure of interest to be charged on loans/advances made from time to time, and if yes, to what extent?

3. Whether in view of the insertion of Section 21-A in the Banking Regulation Act, 1949 by Banking Loans (Amendment) Act, 1983 (Act No. 1 of 1984), courts are precluded from subjecting transactions entered into between the banks and borrowers from scrutiny under the provisions of the Usurious Loans Act, 1918 or any othe






























































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top