cover image: The Calcutta Weekly Notes  Monday  November 24  1941

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The Calcutta Weekly Notes Monday November 24 1941

1941

Since in the case we are considering there is a suit pending against the applicant debtor and he has not included in his statment the claim made therein the co-sharer whose difficulty we are trying to solve may file an objection before the Board to the effect that the application is not in fornd not fit to be entertained. [...] certainly have the answer that he thought he had paid up all rent due to the landlord who has gone to the Civil Court and was not aware of the suit at the date of his application but once the claim is brought to the knowledge of the Board by filing a copy of the plaint if need be the debtor will be bound to include it in his application on pain of having it dismissed if he does not. [...] Questions have been asked of us as to the position of case-law in regard to the status under the Bengal Money-Lenders Act of a purchaser of the equity of redemption. [...] In the third case (46 C. W. N. 33) the view taken in the first case was referred to with approval and a person further removed from the actual borrower than a purchaser of the equity of redemption was held to be covered by the term. [...] A sum of money kept with the vendee under a sale deed by the vendor for the pupose of satisfying the claims of previous creditors of the vendor is a portion of the unpaid purchase money for which the vendee has a lien on the property sold as provided in sec.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday November 24 1941
xiii-xvi unknown view

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