Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Goa - Section

Section 35 in The Goa Money-Lenders Act, 2001

35. Reopening of transactions.

- Notwithstanding anything contained in any law for time being in force, the Court shall, in any suit to which this Act applies, whether heard ex-parte or otherwise-
(a)reopen any transaction, or any account already taken between the party;
(b)take an account between the parties;
(c)reduce the amount charged to the debtor in respect of any excessive interest;
(d)if on taking accounts it is found that the money-lender has received more than what is due to him, pass a decree in favour of the debtor in respect of such amount:
Provided that in exercise of these power, the Court shall not-
(i)reopen any adjustment or agreement purporting to close previous dealings and to create new obligations which have been entered into by the parties or any person through whom they claim at a date more than six years from the date of this suit;
(ii)do anything which affects any decree of Court.
Explanation. - For the purposes of this section, "excessive interest" means compounded interest or at a rate which contravenes any of the provisions of section 31.