Life Insurance Corporation vs Sham Swat Singh
1985 Latest Caselaw 482 Del

JUDGMENT

D.K. Kapur, J.

(1) A question may well be asked as to whether the effect of this Notification does in fact apply to the principle of Damdupat enacted in Section 30 of the Act. The answer to this question depends on how far the Punjab Relief of Indebtedness Act, 1934, as modified by Punjab Act Xii of 1940 amends the provisions of the Usurious Loans Act, 1928. The purpose of the Punjab Relief of Indebtedness Act. 1934, was to give relief to Indebted persons. The Usurious Loans Act, 1918, enables the Court to reduce the interest to be charged on loans in case the same is unreasonably high. The express amendment of the Usurious Loans Act, 1918, is contained" in Section 5 of the Act. It states that certain rates of interest in the case of secured and unsecured loans will be deemed to be excessive, but it exempts loans advanced by the State Bank of India and other Banking Companies and also loans advanced by the Co-operative societies. It does not refer to loans advanced by the L.I.C. of India. In addition. Part V of this Act relates to Damdupat. The amount of the decree cannot exceed twice the sum of money advanced. It is, therefore, also an impediment on the Court to grant interest in excess of 100 per cent on the initially advanced sum. It is, therefore, also an amendment of the Usurious Loans Act which allows the Court only to restrict the rate of interest but not the total amount of interest. In this view of the matter, if the loans advanced by the L.I.C. are not to be restricted by the Usurious Loans Act, 1918, and the other Acts, it necessarily follows that Damdupat is not to be applied to such loans.

(2) We are, therefore, clear that even if Damdupat is applicable to other loans, and we do not specify which loans, it docs not apply to loans advanced by the L.I.C. of India in view of the above quoted Notification. Prel. decree passed.