https://www.taxtmi.com/caselaws?id=409059 Advances made through cheques are treated as falling outside the definition of loan under the Bengal Money-Lenders Act, 1940 because the statutory exclusion for advances on negotiable instruments applies, so the bar under section 13 does not operate. Documentary material showing disbursement in tranches, later interest payments, and TDS acknowledgements may establish a prima facie loan transaction and jural relationship, supporting interim protection under Order XXXIX Rule 1 CPC. Where the relief sought is temporary restraint rather than attachment before judgment, Order XXXVIII Rule 5 is not attracted, and injunction may issue if prima facie case, balance of convenience, and irreparable injury are shown. en-us Tue, 22 Jun 2021 00:00:00 +0530 Mon, 28 Jun 2021 10:04:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=409059 Advances made through cheques are treated as falling outside the definition of loan under the Bengal Money-Lenders Act, 1940 because the statutory exclusion for advances on negotiable instruments applies, so the bar under section 13 does not operate. Documentary material showing disbursement in tranches, later interest payments, and TDS acknowledgements may establish a prima facie loan transaction and jural relationship, supporting interim protection under Order XXXIX Rule 1 CPC. Where the relief sought is temporary restraint rather than attachment before judgment, Order XXXVIII Rule 5 is not attracted, and injunction may issue if prima facie case, balance of convenience, and irreparable injury are shown. Case-Laws Indian Laws Tue, 22 Jun 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=409059