Section 27State of West Bengal Act

Section 27: Procedure in suits relating to loans by money-lenders

The Bengal Money-Lenders Act, 1940

Procedure in suits relating to loans by money-lenders. -

Notwithstanding anything contained in any law for the time being in force, in any suit to which this Act applies--

(a)

a Court shall, before deciding the claim on its merits, frame and decide the issue whether the money-lender has in respect of the claim in suit complied with the provisions of sections 24 and 25; and

(b)

if the Court finds that the provisions of either of the said sections have not been so complied with, it may, if the plaintiffs claim is established either wholly or in part, disallow the whole or such portion of the interest found due as may, in the circumstance of the case, appear reasonable to the Court, and may also disallow costs, or in computing the amount of interest due upon the loan, the Court may exclude any period for which the money-lender omitted to comply with the provisions of either of the said sections:

Provided that if the money-lender has, after the time specified in the said sections, given the receipt or furnished the statement, as the case may be, and if he satisfies the Court that he had sufficient cause for not doing so earlier, the Court may include any such period in computing the interest.Explanation.- A money-lender who has given a receipt or furnished a statement in the prescribed form shall be held to have complied with the provisions of section 2; or section 25, as the case may be, in spite of any errors and omissions in such receipt or statement, if the Court finds that such errors and omissions are neither material nor made fraudulently.

Sec 26 — Borrower not bound by money-lenders statement of accounts

Disclaimer: This section is reproduced for general informational and reference purposes only. Always verify against the latest official gazette and consult a qualified advocate before relying on any provision.