Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 11 22 1963: Sections 3 25 A.P. Jagirdar Debt Settlement Act 57/Section 14 1952/Limitation Act 30 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | A.P. Jagirdar Debt Settlement Act, 1952/Limitation Act, 1963: Sections 3, 11, 22, 25, 30, 57/Section 14--Scaling down of debt-Time taken in the proceedings--Whether gets excluded under s.14 of the Limitation Act and the suit filed was within the limitation period-Held: Yes.Respondents had executed a promissory note on 20.5.1953 for a sum of Rs. 37,000 in favour of the appellant-Bank with a letter to transfer the demand loan. Thereafter certain amounts were paid from time to time upto 3.9.1953 in a sum of Rs. 37,000 in favour of the appellant with a letter to transfer the demand loan. Even thereafter certain amounts were paid upto 3.9.1959.In March 1960, Respondents made an application under Section 11 of the A.P. Jagirdar Debt Settlement Act, 1952 for scaling down the debts. The Debt Settlement Board issued notice to the appellant-Bank to submit the statement of account and the Bank submitted the same stating that a sum of Rs. 74,062.05 with interest at 9% was due from the Respondents. However, the Board held that it had no jurisdiction to entertain the claim for scaling down in view of the-Full Court Judgment of A.P. High Court in Jt. Family of Mukund Das Raja Bhawan Dass & Sons etc. v. State Bank of Hyderabad, (1963) 2 AWR 147.The appellant-Bank filed a suit for recovery of the amount due from the Respondents. The trial Court dismissed the suit on the ground that it was barred by limitation. The High Court confirmed it. Hence this appeal by the Bank. |
Judge | N/A |
Neutral Citation | 1995 INSC 202 |
Petitioner | State Bank Of Hyderabad |
Respondent | The Joint Family Of M/s. Mukundas Raja Bhagwan Das And Ors. |
SCR | [1995] 2 S.C.R. 947 |
Judgement Date | 1995-03-22 |
Case Number | 772 |
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