section 30
Damdupat
The Punjab Relief of Indebtedness Act, 1934Finance193440 sections8 chapters
Part V Part V
Statutory text
Damdupat
- (1) In any suit brought after the commencement of this Act in respect of a debt as defined in section 7, advanced before the commencement of this Act, no court shall pass or execute a decree or give effect to an award in respect of such debt for a larger sum than twice the amount of the sum found by the Court to have been actually advanced, less any amount already received by a creditor in excess of the amount due to him under clause
- (e) of sub-section
- (2) of section 3 of the Usurious Loans Act, 1918.
- (2) In any suit in respect of a debt as defined in section 7, advanced after the commencement of this Act, no Court shall pass or execute a decree or give effect to an award in respect of such debt for a larger sum than twice the amount of the sum found by the Court to have been actually advanced less any amount already received by a creditor.
- (3) Where in any proceeding concluded on or after the 15th day of October, 1939, any decree has been passed or an award has been given by an arbitrator against a debtor in respect of a debt as defined in section 7, which is not in conformity with sub-sections
- (1) and (2), such decree or award shall be voidable at the option of the debtor on whose application, made within six months from the commencement of the Punjab Relief of Indebtedness (Amendment) Act, 1940, the Court shall set aside the decree or award, reopen the transaction and pass such order as may be in conformity with the provisions of this section.
- (4) Nothing in this section shall be deemed to entitle any person to claim a refund of any sum already paid except by adjustment under sub-section (1).
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