cover image: The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales. Indian Appeals: Being Cases in the Privy Council on appeal from the East Indies  1942-1943

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The Law Reports. Under the Superintendence and Control of the Incorporated Council of Law Reporting for England and Wales. Indian Appeals: Being Cases in the Privy Council on appeal from the East Indies 1942-1943

1943

The mortgagee also formally abandoned his claim on the personal covenant contained in the mortgage deed:— Held that the mortgagee had the right to refuse to be bound by the contract of loan when the basis of the contract was gone and having done so could recover the money advanced as a matter of restitution. [...] 2 and 3 and by their case they contested the findings of the courts in India both as regards the invalidity of the mortgage and as to their claim on the personal covenant being statute-barred : they also insisted on their right to relief under s. 65 of the Indian Contract Act. [...] The order of July 21 recording the sale stated that " as the amount due to the decree holder was " satisfied so the remaining four villages were discharged from " sale." The Nazir was directed to take one-fourth of the sale price (plus commission) from the auction purchasers who were to deposit the remaining three-fourths within 15 days— that is by August 5 1919. [...] On August 16 a petition by Safuran Ribi and 13ashir-ud-din was filed purporting to he under s. 89 of O. 21 of the Code which is in the same terms as r. 996 of the rules made by the Government of the United Provinces under s. 70 of the Code. [...] In India the bar of limitation for a suit to enforce the security is imposed at the end of twelve years and for a suit on the personal covenant at the end of six years.
law
Pages
266
Published in
United Kingdom
SARF Document ID
sarf.100079
Segment Pages Author Actions
Frontmatter
i-vii Ralph Sutton view
Cases in the Privy Council
1-248 Ralph Sutton view
Index
249-257 Ralph Sutton view

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