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Nagaland Money Lenders Act - Summary
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Jurisdiction and Applicability
Civil courts in Nagaland have jurisdiction to try money suits related to the Nagaland Money Lenders Act, 2005, as confirmed by judgments referencing Section 9 of the Civil Procedure Code, 1908. The Act is applicable within Nagaland, and civil courts are empowered to adjudicate disputes under this law NEIPHRELIE VS S. D. ANGAMI - Gauhati. -
Provisions and Regulations
The Nagaland Money Lenders Act, 2005, restricts interest rates charged by money lenders to a maximum of 3% above the prevailing bank rate, aiming to regulate usurious practices. The Act also mandates that interest should not exceed this limit, and it prescribes penalties for violations NEIPHRELIE VS S. D. ANGAMI - Gauhati, Neiphrelie, S/o Late Zakie Mechulho VS S. D. Angami, S/o Lt. Nei-o - Gauhati, Toshipokba Longkumer VS C. Among Jamir - Gauhati, Samir Kumar Chandra VS Samarjit Ray - Gauhati. -
Legal Framework and Amendments
The Act aligns with the Indian Evidence Act and the Criminal Procedure Code, but there have been instances where the Nagaland government passed laws without strictly following CPC or Cr.PC provisions, under the understanding that these were not applicable in Nagaland, which has special constitutional provisions under Article 371A Neiphrelie, S/o Late Zakie Mechulho VS S. D. Angami, S/o Lt. Nei-o - Gauhati. -
Enforcement and Litigation
Cases have involved issues such as illegal money lending practices, threats, and disputes over interest rates or repayment. Courts have emphasized that the provisions of the Money Lenders Act are bailable in nature and that legal proceedings must adhere to the Act’s stipulations. For instance, courts have quashed demands for excess payments beyond the approved rate and have granted pre-arrest bail in certain cases MOKBUL HUSSAIN PRODHANI @ MAKBUL PRODHANI vs THE STATE OF ASSAM - Gauhati, RAJIB KONCH vs THE STATE OF ASSAM - Gauhati. -
Related Legal Proceedings
Several cases involve recovery suits under the Assam and Nagaland Money Lenders Acts, with courts examining whether the suits are barred by law, whether interest rates are within permissible limits, and whether proper legal procedures are followed RINA BALA DEVI VS MD. AHMED ALI - Gauhati, Samir Kumar Chandra VS Samarjit Ray - Gauhati.
Analysis and Conclusion
The Nagaland Money Lenders Act, 2005, is a comprehensive law aimed at regulating money lending activities within Nagaland, primarily focusing on capping interest rates and preventing usurious practices. Civil courts have clear jurisdiction to hear related disputes, and enforcement involves adherence to the Act’s provisions, including procedural safeguards. Despite some procedural deviations in law-making, the Act remains a key legal instrument for controlling money lending practices in Nagaland. Courts have consistently upheld the Act’s provisions, emphasizing its role in protecting borrowers from exploitative lending practices.
References:
- NEIPHRELIE VS S. D. ANGAMI - Gauhati
- Neiphrelie, S/o Late Zakie Mechulho VS S. D. Angami, S/o Lt. Nei-o - Gauhati
- Toshipokba Longkumer VS C. Among Jamir - Gauhati
- Neiphrelie Zakie Mechulho v. S. D. Angami - Gauhati
- RINA BALA DEVI VS MD. AHMED ALI - Gauhati
- Rswm Limited Having Registered Office At. Kharigram Vs Idbi Bank Ltd., - Karnataka
- NATIONAL CONSTRUCTION, DIMAPUR VS STATE OF NAGALAND - Gauhati
- MOKBUL HUSSAIN PRODHANI @ MAKBUL PRODHANI vs THE STATE OF ASSAM - Gauhati
- RAJIB KONCH vs THE STATE OF ASSAM - Gauhati
- Samir Kumar Chandra VS Samarjit Ray - Gauhati
Search Results for "Nagaland Money Lenders Act"
2017 0 Supreme(Gau) 1236 • India - Gauhati
SONGKHUPCHUNG SERTO
Civil Procedure Code 1908 - Section 9 - Nagaland Money Lenders Act, 2005 – Evidence – Jurisdiction - After ... to any civil court having jurisdiction to try and dispose - From above judgment it is clear that in all civil courts in State of Nagaland ... provisions of Civil Procedure Code are applicable - Therefore civil courts have jurisdiction to try money suits – Appeal dismissed ... ... (vi) that the Government of Nagaland passed an Act called "#H....
2017 0 Supreme(Gau) 793 • India - Gauhati
SONGKHUPCHUNG SERTO
Money Lenders Act – Provisions of Indian Evidence Act – North East Frontier (Administration and Justice) Regulations, 1945 – Appeared ... Criminal Procedure Code, 1973 – Civil Procedure Code, 1908 – Constitution of India – Article 371A – Nagaland ... passed without following the provisions of CPC or Cr.PC on an understanding that CPC and Cr.PC were not applicable to the State of Nagaland ... ... (vi) that the Government of Nagaland passed an Act cal....
2017 0 Supreme(Gau) 318 • India - Gauhati
SONGKHUPCHUNG SERTO
for him from money lenders by mortgaging his property as he himself did not have any property that can be mortgaged for the purpose ... profession, in order to tie over his financial difficulties approach his bother-in-law i.e. the respondent/complainant to borrow some money ... J Ketousie Society was to bypass the Nagaland Money Lenders Act, though I had borrowed the Money from my brother-in-law to help him with an honest intention. ... 6. ... In co....
2017 Supreme(Online)(Gau) 146 • India - IN THE GAUHATI HIGH COURT
S. SERTO, J
vi) that the Government of Nagaland passed an Act called ' Nagaland Money Lenders Act, 2005, which provides that no money lender should charge interest on any loan at the rate exceeding more than 3% above the prevailing rate charge by the Banks, and the interest so charge should be ... For instance, in this case in view of the opposite contentions of the parties, evidence has to be taken both of oral and documentary if any, law of limitation, the pr....
2015 0 Supreme(Gau) 398 • India - Gauhati
SUMAN SHYAM
lender - Whether or not suit filed by plaintiff is barred under Section 7-D of Assam Money Lenders Act would depend of case if it ... Assam Money Lenders Act, 1934 - Section 7-D - Recovery of amount - Respondent/plaintiff in that plaintiff ... is established that plaintiff had lent money in course of his business as a money lender - Since the defendant had not contested ... Whether or not the suit filed by the plai....
2025 Supreme(Online)(KAR) 933 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR. JUSTICE HEMANT CHANDANGOUDAR, J
argued for additional compensation based on market value discrepancies of shares issued - Court held that lenders cannot recover ... amounts beyond the approved RoR and quashed the lender's communication dated 28.08.2017. ... mortgage lien, issuance of NOC, and refund of Rs.75,17,000/- paid under protest - Dispute arose over excess payment demanded by lender ... lenders. ... recommended by the lenders. ... and recommended by the lenders. ... This has been approved by all lend....
2014 0 Supreme(Gau) 328 • India - Gauhati
A.M.SAPRE, A.K.GOSWAMI
from Class-1 registered contractors of Nagaland PWD and fixing 1300 hours on 06.11.2012 as time and date up to which tenders would ... Income Tax Act, 1961 - Section 10(26) - Income Tax Clearance Certificate - Tender notice - Sealed tenders ... Statement - These observations were also not under challenge - In view of above, whether or not Deputy Secretary, Government of Nagaland ... The work order in question in favour of respondent No.5/appellant was issued pursuant to a tender notice dated 04.10.2012 ....
2024 Supreme(Online)(GAU) 6014 • India - High Court of Gauhati
MRS. JUSTICE MALASRI NANDI, J
money lending and threats to borrowers - Court finds that the provisions of the Money Lender’s Act are bailable in nature and anticipatory ... (A) Criminal Procedure Code, 1973 - Section 438 - Assam Money Lender’s (Amendment) Act, 1934 - Pre-arrest bail - Petitioner sought ... Case No.69/2024 under Sections 120B/420/387/506 IPC and Section 7 C (2) of the Assam Money Lender’s Act - Allegations include illegal ... Ca....
2024 Supreme(Online)(GAU) 10370 • India - High Court of Gauhati
MR. JUSTICE ROBIN PHUKAN, J
Assam Money Lenders’ Amendment Act , this application under Section 438 of the Code of Criminal Procedure , 1973, is preferred by applicant, Rajib Konch for grant of pre-arrest bail. 3. ... .# 1/3 GAHC010042742024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/540/2024 RAJIB KONCH S/O- TILESWAR KONCH, RESIDENT OF VILLAGE GOBINDAPUR, POLICE STATION DHAKUAKHANA, DISTRICT- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate ... months, he could not mak....
2016 0 Supreme(Gau) 221 • India - Gauhati
N.CHAUDHURY
Money Suit - Loan Recovery - Assam Money Lenders Act - [Assam Money Lenders Act] - [Section 3, Section 4, Section 5] - The court ... Lenders Act. ... Lenders Act. ... Lenders Act. ... On being summoned the defendant appeared and submitted written statement denying the case of the plaintiff and also taking an objection that there was no cause of action for the su....
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