USURIOUS LOANS ACT 1977
Act No. XLVII of 1977
16th Chet, 1977
An Act to give additional powers to Courts to deal in certain cases with usurious loans of money or in kind. Whereas it is expedient to give additional powers to Courts to deal in certain cases with usurious loans of money or in kind; It is hereby enacted as follows:-
Read full Act
(1) This Act may be called the Usurious Loans Act, 1977.
(2) It extends to the whole of the Jammu and Kashmir State. It shall come into force on the 1st of Baishakh, 1978.
(3)
In this Act, unless there is anything repugnant in the subject or context,
In any suit in which interest is recoverable, the amount shall be adjudged or decreed by the Court at the rate (if any) agreed upon by the parties; and if no rate shall have been agreed upon or where the Court considers the stipulated rate as excessive or unfair, at such rate as the Court shall deem reasonable.
Whenever a Court shall direct that a judgment or decree shall bear interest, or shall award interest upon a judgment or decree, it may order the interest to be calculated at the rate allowed in the judgment or decree upon the principal sum adjudged, or at such other rate as the Court shall think fit.
A mortgage or other contract for the loan of money, by which it is agreed that the use or usufruct of any property shall be allowed in lieu of interest, shall be binding upon the parties.
In any case in which an adjustment of accounts may become necessary between the lender and the borrower of money upon any mortgage, conditional sale of landed property, or other contract whatsoever, which may have been entered into before, or which may be entered into after the passing of this Act, interest shall be calculated at the rate stipulated therein, or if no rate of interest shall have been stipulated and interest be payable under the terms of the contract, at such rate as the Court shall deem reasonable.
(1) In any suit to which this Act applies whether heard ex parte or otherwise if the Court has reason to believe-
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.