TaxTMI 
TaxTMI 
2022 (12) TMI 1444
X X X X Extracts X X X X
X X X X Extracts X X X X
....00/- was filed by respondent/plaintiff against appellant/defendant. It was pleaded in the plaint that vide pro-note and receipt dated 29.07.2006, the appellant/defendant took a loan of Rs. 1 Lakh from the respondent/plaintiff which was agreed to be returned along with interest @ 12% per annum. It was further stated that appellant/defendant since failed to repay the amount, respondent/plaintiff was compelled to file a suit for recovery against him. Upon notice, the appellant-defendant appeared and contested the suit by filing written statement to the effect that the loan amount already stood paid to the real brother of respondent/plaintiff vide receipt Ex.D-1 dated 15.10.2007. It was also pleaded that the respondent/plaintiff and his brot....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ein, he categorically stated that all the calculations with regard to the principal amount as well as interest were being done by his brother Balkar Singh. Learned counsel for the appellant further submits that the respondent/plaintiff in his cross-examination categorically admitted that he was doing the business of money lending and he was not having any license issued by any of the Government Agency in this regard and accordingly, in view of Section 3 of the Punjab Registration of Money Lenders Act, 1938 (hereinafter referred to as "the Act") suit itself was not being maintainable. No one appears on behalf of respondent-plaintiff despite service. I have heard learned counsel for the appellant and have gone through the paper book. I ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....aintain any account books regarding money lending transactions i.e. loan given to the people. My brother was also doing the business of money lending. It is correct that all the calculation with regard to principle money as well as interest are to be done by my brother Balkar Singh. Again said we jointly calculated the principle amount as well as interest. I cannot tell how much interest is due upto date. I cannot calculate the interest amount on the principle amount. It is correct that the defendant Balwant Singh had executed an agreement to sell with regard to the amount in the present case. It is correct the above said agreement to sell was executed by defendant against the amount lent by me as well as my brother Balkar Singh. I not know....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rendered by Hon'ble Supreme Court in the case of Chandna Impex Pvt. Limited vs. Commissioner of Customs, New Delhi, reported as 2011 (3) R.C.R. (Civil ) 843. Relevant portion from paragraph 9 of the same is reproduced hereunder:- "9............It is trite law that a finding of fact may give rise to a substantial question of law, inter-alia, in the event the findings are based on no evidence and/or while arriving at the said finding, relevant admissible evidence has not been taken into consideration or inadmissible evidence has been taken into consideration or legal principles have not been applied in appreciating the evidence, or when the evidence has been misread........." II. As regards the second submission made on behalf of ....