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

1961 Supreme(MP) 95

P.V.DIXIT, K.L.PANDEY, S.P.BHARGAVA
JANKI BAI CHUNNILAL – Appellant
Versus
RATAN MELU – Respondent


Advocates Appeared:
A.D.Deoras, K.B.SINHA

PANDEY, J.

( 1 ) ON a reference made by Tare, J. , the question referred to the Full Bench is : "whether the suit of a plaintiff money lender is liable to be dismissed if he does not hold a registration certificate relating to the period when the money lending transactions were entered into or whether it is sufficient if the plaintiff-money lender produces during the pendency of the suit a registration certificate relating to a period subsequent to the moneylending transactions. "

( 2 ) THE facts of the case are simple and may be stated in a few words. On the foot of a promissory note dated 19 March 1956, the applicant, who is a moneylender, advanced to the non-applicants a ban of:rs. 850. When the applicant subsequently filed a suit to recover the amount with interest from the non-applicants they resisted it. The Small Cause Court dismissed the suit on two grounds. The applicant did not produce her certificate of registration required to be taken under Section 11-B of the Central Provinces and Berar Moneylenders Act, 1934 (hereinafter called the Act ). She did not prove that the non-applicants executed the promissory note or that there was any consideration for it. Thereupon, the a




















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