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1 - 8 of 8 (0.39 seconds)The Karnataka Prohibition Of Charging Exorbitant Interest Act, 2004
Section 23 in The Indian Contract Act, 1872 [Entire Act]
The Code of Civil Procedure, 1908
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Katte Shivappa vs Kori Eranna on 17 September, 1985
45. ISSUE NO.5:- In this Issue, the defendants have to prove
that, suit is not maintainable and is barred under the provisions of
Karnataka Money Lenders Act and provisions of Karnataka
Prohibition of Charging Exorbitant Interest Act, 2004. In the
written statement at Para No.15, defendants-2 and 4 have raised
this plea. But, in the citation given in ILR 1986(1) Kar Page180 in
a case Katte Shivappa Vs. Kari Eranna.> it is held that.> In order to
make a person money lender within the meaning of this Act, the
defendant must show that, the plaintiff has been advancing a
series of loan in-continuity. Two or three stray instances of lending
money will not make him a money lender. The activities of money
lending must be carried on as a business. There must be a profit
motive and money lending must be carried on as a profession.
These observations made in this citation shows that, only after
proof of these ingredients, one can be called as a money lender. So
far as regards the plaintiff of this suit is concerned, the defendants
43 OS No.27225/2011
have not placed acceptable materials before this court to hold
that-> The plaintiff is the money lender. Hence, this Issue No.5 is
to be answered in the negative. Accordingly, I answered this Issue
No.5 in the negative.
The Indian Contract Act, 1872
Section 23 in The Karnataka Money-Lenders Act, 1961 [Entire Act]
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