cover image: The Calcutta Weekly Notes  Monday  February 23  1914

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The Calcutta Weekly Notes Monday February 23 1914

1914

In reviewing the new rules and orders on the Original Side of the Calcutta High Court last week we said that the requirement that a barrister desiring to join the High Court must read in the chambers of a banister in England for a year is now under the consideration of the Secre ary of State. [...] What the Respondents said was that the stipulation was one that restriced their freedom in conducting the undertaking or business which was the subject of the floating charge ; that it was consequently of the nature of a clog on their right to redeem and invalid and that wh-ther it cloggel the right to redeem or was in the nature of a collateral advantage it was not intended and could not be [...] was the true character of the tansaci ion Did the Appelants make a bargain such that the right to redeem was cut down or cid they simply stipulate for a collateral uneertaking outside and clear of the mortgage which would give them an exclusive option of purchase of the sheep-ktns of the Repondents ? The question was in his opinion not whether the two contracts were made at the same and e [...] If in the case before the House their Lordships arrived at the conclusion t hat the agreement fur an option to pu.chase the Respondents' sirclepkins was not in substance a fetter on the exercise of their right to reeLem but was in the nature of a colfiteial bargain the entering into which was a prehmina y and separable con tiion of the loan the deci. [...] Front the midcle of December ruro the boys ceased to live with the Respondent and had lived in the charge of a tutor in the head-quarters of the Society The Petitioner had entered the names of the boys at New College Oxford and had made the necessary arrangements for them to take up their residence in October next.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday February 23 1914
lxxvii-lxxxiv unknown view

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