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 February 26 1917

While in India even to this day such practices linger in the form of informal arbitrations which not unofteri result in disastrous litigations in Japan her gahead people have systematised the procedure of family Council and supplemented it byprovsions of the law and procedure to give the resoltions of the family Council the effect of rulings of the Court and thus save members of the fam [...]. It was held as early as 18:29 in the leading case of Page v. Newman (9 B. & C. 378 381) that the rule of the English Common Law is that interest is not due on money secured even by a written instrument unless it appears on the face of the instrument that interest was intended to be paid or unless it is implied from the usage of trade as in the case of mercantile instruments." The same prin [...] In the class of cases first mentioned the Court before which the principal sum may be recovered may in its discretion allow interest by way of damages to the creditor at a rate not exceeding the current rate of interest from the time metioned in the written instrument as the time when such principal sum ought to have been paid. [...] In the second class of cases the alloance of any interest depends upon whether the creditor has or has not given or caused to be given to the debtor a letter or other document in writing which must contain not only a demand for the payment of the debt or sum certain but also a notice to the debtor that interest will be claimed from the date of she demand until payment is made. [...] It may sometimes be contended that if the Defendant in the course of the correspondence has promised by any writing—say a letter—to pay the money to the Plaintiff by a certain date he should be made to pay interest at least from the time when the promised date expires for his writing would constitute the " written instrument " mentioned in the Act.