If the family were to be considered the maker, the pronote would cease to be an uncon- ditional undertaking, for it would be open to the members of the family to show that the debt has not been incurred for family necessity and this would cut at the root of the nature of the nego- tiable instrument. [...] His Lordship seems to agree that the liability of the Hindu family is only on the debt and not on the pro-note but adds that since the pro-note and the debt are one and the same transaction, it does not matter, if the suit is based not on the debt but on the pro- note. [...] if it can be clearly shown that the cause of action of the plaint is only the pronote, e. g. , if the pronote date is recited in the cause of action and in- terest claimed in the plaint of the same as the interest mentioned in the pronote and such other circumstances, then the cause of action of the plaint would be the pronote and the defendants are en- titled to ignore the pleading as regards the [...] If the execution of the decree is allowed to become barred, the mortgagor's right to have the matter tried in a second suit cannot be higher than the right of the creditor under a bond or a pro-note who -takes a decree on the same and after_ wards subjects the decree to the vice of limitation. [...] If the proceedings in the pre- vious suit did not culminate in the extin- guishment of the right to redeem, the maintainability of the second suit has to be dealt with in the light of the plea of res judicata.
- Pages
- 201
- Published in
- India
- SARF Document ID
- sarf.100041
Segment | Pages | Author | Actions |
---|---|---|---|
Frontmatter
|
1-18 | unknown | view |
Power of Municipalities to Demolish Buildings
|
1-5 | K.S. Gumbhir | view |
Whether in a Suit on a Pro-Note Executed by the Manager of a Joint Hindu Family Other Coparcenors are Liable to the Extent of Their Shares in the Family Property If It has Been Executed for Family Necessity
|
5-13 | M.S. Chari | view |
How Far A’second Suit for Redemption is Maintainable
|
14-15 | C.P. Ayyar | view |
Whether Purchase of the Equity of Redemption by a Co-Mortgagee Puts an end to the Mortgage
|
16-16 | Rachury Rao | view |
Reviews
|
16-16 | unknown | view |
Whether Purchase of the Equity of Redemption by a Co-Mortgagee Puts an end to the Mortgage
|
17-18 | Rachury Rao | view |
10 Commandments for Eradicating Corruption in Courts
|
18-19 | K.S. Gumbhir | view |
Hindu Law Re-Form
|
19-22 | K.S.R. Apparao | view |
Enrolment of Advocates in the Court of the Judicial Commissioner of Sind
|
22-24 | Udharam Chhugani | view |
Review
|
24-24 | unknown | view |
Enrolment of Advocates in the Court of the Judicial Commissioner of Sind
|
25-25 | Udharam Chhugam | view |
Partners’ Liability to Third Parties After Dissolution of a Firm for Any Act Done By any One of Them Which Would have Been an act of the Firm if Done Before the Dissolution
|
25-27 | K.S. Gumbhir | view |
Statutory Amendment to the Hindu Law of Succession of Bandhus
|
28-31 | M. V. V. K. Rangachari | view |
Some Points of Law Standing in Need of Immediate Attention of the Hon. High Courts and of the Legislature Hindu Law of Inheritance (Amendment) act No. 2 of 1929
|
32-32 | Thakur Dubey | view |
Imperial Act 1935
|
33-33 | unknown | view |
Some Points of Law Standing in Need of Immediate Attention of the Hon. High Courts and of the Legislature Hindu Law of Inheritance (Amendment) act No. 2 Of 1929
|
33-36 | Thakur Dubey | view |
Widow’s Rights
|
36-39 | S.R. Kulkarni | view |
Reviews
|
39-40 | unknown | view |
Imperial Act 1935
|
41-41 | unknown | view |
Widow’s Rights
|
41-49 | S.R. Kulkarni | view |
A Brief Survey of the Law of Constructive Contracts
|
49-54 | E. Venkatesam | view |
The indian Constitutional Reforms and the States
|
54-55 | A.M. Arora | view |
Reviews
|
55-56 | unknown | view |
Imperial Acts 1935
|
57-63 | unknown | view |
The indian Constitutional Reforms and the States
|
63-70 | A.M. Arora | view |
Public Prosecutor v. K. Krishna Nayar 1934 M. W. N. 856
|
70-71 | D.s. Somayajulu | view |
Reviews
|
71-72 | unknown | view |
An Application for Restitution its Nature and Period of Limitation
|
73-77 | Phani Sinha | view |
Bail
|
77-88 | Aditi Mitra | view |
Review
|
88-88 | Mitra | view |
Bail
|
89-92 | Aditi Mitra | view |
A Word to the Bar and the Bench
|
92-93 | K.S. Gambhir | view |
Whether Interest Act is Exhaustive ? Whether Interest May be Allowed When there is No Express Agreement and When Interest is Not Claimable under the Interest Act or under any Other Statute ?
|
94-96 | Tirath Sehgal | view |
The Doctrine of Contribution Embodied in S. 82 T. P. Act
|
96-98 | C.P. Ayyar | view |
Remote and Indirect Loss or Damage
|
99-102 | Gulab Sinha | view |
Effect of Non-Registration under the Indian Copy Right Act on Criminal Action
|
103-104 | Raj Prasad | view |
Reviews
|
104-104 | unknown | view |
A Note on C. V. Baran v. K. T. Kandan 1934 Mad. 262=57 Mad. 803
|
105-108 | S. Rajagopalachari | view |
Whether the Principle of Law that an Undisclosed Principal is Not Liable Under the Negotiable Instruments Act 26 of 1881 Applies to a Joint Hindu Family ?
|
109-112 | R.G. Paranjpe | view |
Reviews
|
112-112 | unknown | view |
Imperial Acts 1935
|
113-113 | unknown | view |
Whether the Principle of Law that an Undisclosed Principal is Not Liable under the Negotiable Instruments Act 26 of 1881 Applies to a Joint Hindu Family ?
|
113-120 | R.G. Paranjpe | view |
Reviews
|
120-120 | unknown | view |
Imperial Acts 1935
|
121-125 | unknown | view |
A Note on “ Narayangunj Co-Operative Society v. Mafizuddin Ahmed & Co.” 1934 Cal. 448 (F. B.)
|
125-134 | S. Rajagopalachari | view |
Suit on Insufficiently Stamped Promissory-Note and its Effect on the Realisability of the Loan
|
134-138 | Madan Bihari | view |
A Common Error
|
139-140 | K.S. Gumbhir | view |
Whipping
|
140-142 | Jugal Chatterjee | view |
Public Nuisance and Special Damage
|
143-144 | M. Shafi | view |
Review
|
144-144 | unknown | view |
Imperial Acts 1935
|
145-146 | unknown | view |
Amendment to 0. 21 Rr. 85 and 86 Civil P.C.
|
147-147 | B. Dayal | view |
The Plea of Discharge in Suits by Holders in due Course on Pronotes Payable on Demand
|
147-151 | M.S.V. Chari | view |
Reviews
|
151-152 | M.S.V. Chari | view |