money advanced
by the plaintiff is not covered under the definition of loan
defined under the said Act. Hence, the plaintiff is not required ... term loan. The
exception under clause (f) of the definition of loan in Section
2(9) of the 1946 Act is similar to Section
substance a loan. In this case the loan is of money. The Usurious Loans Act 1918 gives a wider definition and provides that ... loan and therefore the said transaction would be a loan under the Usurious Loans Act, 1918 . We are however concerned with the definition
included in the definition. We are not concerned with this part of the definition. The definition of loan must be read in the background ... fresh loan. The result, therefore, is that the plaintiff advanced two loans to the defendant within the meaning of the definition of loan
Clause (c) mentioned!" above. So far, therefore, he satisfies the definition of loan. Then we have to consider the exception to the rule ... dispute the exception which takes a debt out of the definition of loan is not brought into play. A contract for the transfer
loan" has been removed
and as a result the loan advanced to a trader is also a
loan within the definition of the Bombay ... amendment of 1975 even the loan to a trader is a loan
within the definition of term "loan" in the Bombay Money
Lenders
promissory notes. Accordingly transaction is covered by the
definition of loan as provided in the Punjab Registration of Money
Lenders Act,1938 .
3.4.2 The trial ... such money-lender;
(ii) realises outstanding loans;
(iii) does not renew any existing loan, nor advance
any fresh loan;
(b) a bona fide assignment
present case, loan was advanced to a trader
doing transport business and it cannot be termed as a loan as per the
definition ... loan agreement' but
so far as 'hire purchase agreement' is concerned, there person who
has taken loan has agreed to repay loan
given to the defendants by the plaintiff is excluded from the
definition of loan as given by the act and the provision ... recover the loan amount
since the loan advanced by the plaintiff to the defendants is not covered within
the definition of loan under Section
also drawn the attention of this Court to the definition of 'loan' in Section 2(4) of the A.P. (T.A.) Money ... lent without interest does not fall within the ambit of the definition 'loan'.
14. For proper appreciation of the above contentions
inclusive part of the definition. We cannot accept this
contention. We have to use the definition of "loan" given ... were to
substitute the first part of the definition of "loan" in s.
4, (for it is not disputed on behalf
