The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short notes of Important Decisions of other High Courts in India Monday September 8 1941

Summary

Justice Nasim Ali hold the effect of the section to be that after the commencement of the Act no borrower shall be liable to pay anything more than twice the amount of the original loan. [...] (2) borrower is released after the Act from his pre Antlitlity to pay the excess where there was no eetigee be e the Act there is no reason why he should not be released after the Act from his liability to pay the excess in cases where a decree was passed before the Act; as the release from liability in both the cases is the pre-Act liability on riccount of principal and interest.” With great re [...] It is noticeable that the language of the operative part of the section is “ no borrower shall be liable to pay after the commencement of the Act ” which makes it perfectly clear that what the section is contemplating and seeking to control is only payments to be made after the Act. [...] 37 the execution of a decree when the Court which passed the decree has ceased to have juridiction is vested in the Court which would have power to entertain the suit at the time when the application for the execution of the decree is presented. [...] 10 of the Act the District Judge has nd jurisdiction to hold an enquiry into the nature of the prperty where the alleged mutwali denies the existence of the wakf.

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