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1995 Supreme(Ker) 81

K.K.USHA
Premier Kuries & Loans (P) Ltd. – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Petitioners are private limited companies admittedly carrying on the business of money lending. But it is their contention that they would not come within the definition of 'money lender' under the Kerala Money Lenders Act, 1958 as amended. Therefore, according to the petitioners, they 'are not liable to take any licence as provided under the Act nor are they bound by other provisions of the Act. They seek a declaration that Kerala Money Lenders Act, 1958 does not apply to the petitioners as they are companies incorporated under the Companies Act. They also seek a direction to respondents 1 to 4 not to enforce the provisions of Kerala Money Lenders Act against them.

2. The term 'money lender' is defined under S.2(7) of the Kerala Money Lenders Act, 1958 as amended by Act 16 of 1987 as follows:

"2(7) "money-lender" means a person whose main or subsidiary occupation is the business of advancing and realising loans or acceptance of deposits in the course of such business and includes any person appointed by him to be in charge of a branch office or branch offices or a liaison office or any other office by whatever name called, of his principal place of business and a pawn br




























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