MUKUNDAKAM SHARMA, S.B.SINHA
Seth Ramdayal Jat – Appellant
Versus
Laxmi Prasad – Respondent
Hon'ble SINHA, J.—Leave granted.
2. What would be the period of limitation for institution of a suit for recovery of ‘pledged ornaments’ is the question involved herein.
3. It arises in the following factual matrix:
On or about 26.06.1998, the respondent filed a civil suit against the appellant for recovery of certain items of jewellery allegedly pledged with him on 2.12.1987 for the purpose of obtaining loan of a sum of Rs. 7000/-. On the premise that the appellant had violated the provisions of the Madhya Pradesh Money Lenders Act, 1934 in relation to the aforementioned grant of loan, a criminal proceeding was initiated against him, which was marked as Case No. 511 of 1997. In the said criminal case, he admitted his guilt. A fine of Rs. 150/- was imposed on him. The charge was read over to him, which reads as under:
“The charge on you is that before date 29.3.97 complainant Laxmi Prasad was paid borrowed money to you but even after that you were demanding interest at 5%. Your this act is criminal offence under section 3, 4 of Money Lenders Act. Therefore, show cause as to why you should not be held guilty of the said offence.”
4. Respondent thereafter, as noticed hereinbefore,
Anil Behari Ghosh vs. Smt. Latika Bala Dassi & Ors. (AIR 1955 SC 566) 14
Shanti Kumar Panda vs. Shakuntala Devi ((2004) 1 SCC 438) 16
K.G. Premshanker vs. Inspector of Police & Anr. ((2002) 8 SCC 87 = RLW 2003(1) SC 61) 16
M.S. Sheriff & Anr. vs. State of Madras & Ors. (AIR 1954 SC 397) 17
M/s. Karam Chand Ganga Prasad & Anr. etc. vs. Union of India & Ors. ((1970) 3 SCC 694) 17
Syed Askari Hadi Ali Augustine Imam & Anr. vs. State (Delhi Admn.) & Anr. (2009(3) SCALE 604) 17
Iqbal Singh Marwah vs. Meenakshi Marwah & Anr. ((2005) 4 SCC 370) 17
P. Swaroopa Rani vs. M. Hari Narayana @ Hari Babu (AIR 2008 SC 1884 = 2008(3) RLW 2293 (SC)) 17
L.K. Verma vs. HMT Ltd. & Anr. ((2006) 2 SCC 269) 20
Avtar Singh & Ors. vs. Gurdial Singh & Ors. ((2006) 12 SCC 552) 20
Gannmani Anasuya & Ors. vs. Parvatini Amarendra Chowdhary & Ors. ((2007) 10 SCC 296) 20
Gautam Sarup vs. Leela Jetly ((2008) 7 SCC 85) 24
Ranganayakamma & Anr. vs. K.S. Prakash (D) By LRs & Ors. (2008(9) SCALE 144) 24
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.