https://www.taxtmi.com/caselaws?id=285874 An erroneous finding that causes a subordinate court to refuse jurisdiction it is bound to exercise can attract revision under Section 115 of the Code of Civil Procedure. A loan is commercial under the Bengal Money-lenders Act, 1940 only if it is advanced solely for business or mercantile purposes, and the lender bears the burden of proving that character. On the terms of the instrument, the purpose was not confined to business, so the loan was not shown to be commercial. The Court also treated the mortgage suit as one to which the Act applied because a relevant suit or proceeding remained pending on the statutory date. en-us Thu, 17 Mar 1949 00:00:00 +0530 Mon, 14 Dec 2020 13:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=285874 An erroneous finding that causes a subordinate court to refuse jurisdiction it is bound to exercise can attract revision under Section 115 of the Code of Civil Procedure. A loan is commercial under the Bengal Money-lenders Act, 1940 only if it is advanced solely for business or mercantile purposes, and the lender bears the burden of proving that character. On the terms of the instrument, the purpose was not confined to business, so the loan was not shown to be commercial. The Court also treated the mortgage suit as one to which the Act applied because a relevant suit or proceeding remained pending on the statutory date. Case-Laws Indian Laws Thu, 17 Mar 1949 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=285874