cover image: The Calcutta Weekly Notes. Monday  May 21  1934

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The Calcutta Weekly Notes. Monday May 21 1934

1934

The gibe implied in the lament that only the wearer knows the troubles of this make-up is pointless since those who are insisting on the observance of the rules are themselves persons who have to submit to the misery daily and longer perhaps than the busiest lawyer. [...] The result is that a suit for the enforcement of a mortgage cannot be said to be a suit in respect of an act purporting to be done " by the mortgagor; because the " act puporting to be done " by the mortgagor is only the execution of the mortgage and no more. [...] Even in the former case it is only the rights and liabilities as affected by the execution of the mortgage that constitute the foundtion of the mortgagee's cause of action; for I daresay the mortgagee has no right to complain about the mortgagor's muscular movements resulting in the execution of the mortgage. [...] In my submission therefore th€ legal rights accruing to the mortgagee from the non-pament of the money secured by the mortgage are from the standpoint of law more a part of the mortgagor's act than the physilogical movements involved in the execution of the mortgage. [...] The executant of the mortgage in the case before their Lordships being a different person from the individual sued the suit so far as the execution of the mortgage was concerned was outside the section since there was no complaint of or about the execution.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday May 21 1934
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