Supreme Court of India
M/s Oriental Kuries Ltd. Represented by its Chairman P. D. Jose v. Lissa & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the aforesaid discussion, the relationship between a chit subscriber and the chit foreman is a contractual obligation, which creates a debt on the day of subscription.
Judgment, page 14
From the headnote
Chits Funds Act, 1982: s.32 – Jural relationship be tween a chit fund entity and subscribers created by chitty agreement – Whether by entering into a chitty agreement, a debt is not cr eated at once by the subscriber with respect to the amount of all th e future instalments – Held: Where a contract provides for payment of money in installments, and contains a stipulation that on default being committed in paying any of the installments, the whol e sum shall become payable at once, such a stipulation is not in the n ature of penalty – The provisions of Chapter V of the 1982 ct clearly
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