https://www.taxtmi.com/caselaws?id=306902 Relief under the Bengal Money-Lenders Act, 1940 could not be used to defeat a pre-Act decree held by a bona fide assignee for value. Sections 28 and 29 applied only while the lender-borrower relationship continued and did not control a loan after merger into judgment; Section 30 gave only a defence as to the amount recoverable and did not reopen an existing decree. Although Section 36 allowed reopening of past transactions and decrees, Section 36(5) protected an assignee or holder for value acting bona fide and without notice, and that protection applied here. The decree therefore remained effective against the borrower. en-us Wed, 07 Mar 1945 00:00:00 +0630 Sat, 04 Mar 2023 18:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306902 Relief under the Bengal Money-Lenders Act, 1940 could not be used to defeat a pre-Act decree held by a bona fide assignee for value. Sections 28 and 29 applied only while the lender-borrower relationship continued and did not control a loan after merger into judgment; Section 30 gave only a defence as to the amount recoverable and did not reopen an existing decree. Although Section 36 allowed reopening of past transactions and decrees, Section 36(5) protected an assignee or holder for value acting bona fide and without notice, and that protection applied here. The decree therefore remained effective against the borrower. Case-Laws Indian Laws Wed, 07 Mar 1945 00:00:00 +0630 https://www.taxtmi.com/caselaws?id=306902