Bare ActsThe UNITED PROVINCES ENCUMBERED ESTATES ACT, 1934

Section 14

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(1) The Special Judge shall, by an order in writing, fix a date for inquiring into 1[the claims] made in ‗pursuance of the notice published in accordance with 2[section 9] and give notice of such date 3[to all the claimants] and the person who made the application under section 4. (2) The Special Judge shall examine each claim and after hearing such parties as desired to be heard and considering the evidence, if any, produced by them shall determine the amount, if any, due from the landlord to the claimant on the date of the application under section 4. (3) All evidence recorded in any suit or proceeding which is stayed under sub-section (1) of [section 7]4may be taken by the Special Judge as evidence recorded before himself. (4) In examining each claim the Special Judge shall have and exercise all the powers of the court in which a suit for the recovery of the money due would lie and shall decide the questions in issue on the same principles as those on which such court would decide them, subject to the following provisions, namely— (a) the amount of interest held to be due on the date of the application shall not exceed that portion of the principal which may still be found to be due on the date of the application : (b) the provisions of the Usurious Loans Act, 1918, will be applicable to proceedings under this Act : (c) the provisions of the United Provinces Agriculturists‘ Relief Act, 1934, shall not be applicable to proceedings under this Act. (5) For the purpose of ascertaining the principal under clause (a) of sub-section (4) the Special Judge shall treat as principal any accumulated interest which has been converted into principal at any statement or settlement of account or by any contract made in the course of the transaction 5[on or before December 31, 1916]. 6 [Explanation— Interest which on or before December 31, 1916, become part of the principal under the express terms of original ——————————————————————————————————————————

Section 14 – The UNITED PROVINCES ENCUMBERED ESTATES ACT, 1934 | DailyLaw.ai