cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  January 4  1909

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday January 4 1909

1908

BUT IN THE CASE UNDER NOTICE IT APPEARS To have been assumed that the payment was made by the debtor that the body of the endorsement was in the handwriting - of another person who presumably wrote it under the authority of the debtor and the debtor put his signature under the endorsement. [...] The question is whether under such circumstances it cannot be said that the fact of the payment appeared in the hanwriting of the person making the same." The section does not imply that every word of the endorsement should be in the handwriting of the person making the payment. [...] Now if the mere affixing of the mark by an illiterate person below the endorsement does satisfy the requirements of the proviso why should not the signature of the debtor under the endorsement of payment be considered sufficient As to the Madras cases and the Bombay case it is however said that as the debtor was illiterate his mark under the endorsement written by another person was sufficient to [...] The following observations in the last number of the Law 7ournal from the point of view of the English law and the recent cases will prove instructive and interesting :- The judgment of the President of the Probate Divorce and Admiralty Di.'ision in the Hindu marriage case Chetti v. Chetti establishes and confirms the rule that when a foreigner domiciled abroad comes to England and marries a [...] The Munsif decreed the suit but on appeal the Subordinate Judge held that as the Civil Court under the Assam Land and Revenue Regulation 1885 had no power to override the settlement of the lands by the revenue authorities with the Dfendants-Appellants the Plaintiffs were not entitled to obtain possession of the lands.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday January 4 1909
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