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    <title>1953 (8) TMI 23 - PATNA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=197612</link>
    <description>A hand-note did not by itself take a loan outside the Bihar Money-Lenders&#039; (Regulation of Transactions) Act, 1939; the controlling test was the real nature of the advance. A plaintiff seeking to avoid the statutory bar by claiming casual money-lender status had the burden to prove facts bringing the transaction within that exemption. On the stated facts, no special circumstances were pleaded or proved, and the findings showed advances to several persons during the year. Recovery was therefore barred because the transaction fell within the Act and the plaintiff failed to establish the casual money-lender exception.</description>
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    <pubDate>Fri, 14 Aug 1953 00:00:00 +0530</pubDate>
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      <title>1953 (8) TMI 23 - PATNA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197612</link>
      <description>A hand-note did not by itself take a loan outside the Bihar Money-Lenders&#039; (Regulation of Transactions) Act, 1939; the controlling test was the real nature of the advance. A plaintiff seeking to avoid the statutory bar by claiming casual money-lender status had the burden to prove facts bringing the transaction within that exemption. On the stated facts, no special circumstances were pleaded or proved, and the findings showed advances to several persons during the year. Recovery was therefore barred because the transaction fell within the Act and the plaintiff failed to establish the casual money-lender exception.</description>
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      <pubDate>Fri, 14 Aug 1953 00:00:00 +0530</pubDate>
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