cover image: The Calcutta Weekly Notes  Monday  March 4  1907

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The Calcutta Weekly Notes Monday March 4 1907

1907

Oa sucl4 notice being given the Of vial Assignee or the opposing creditors can come before the Court and put it in possession of all the facts and circumstances which led to the dismissal of the first petition so that the learned Commissioner can at the very outset of the fresh proceedings determine whether the filing of the second petition will lead to an abuse of the process of the Court. [...] What pr/aid facie determines the jurisdiction of a Court is the claim or the subject matter of the claim as estimated by the Plaintiff this being subject to the principle that the jurisdiction of the Court properly having cognizance of the cause is not to be ousted by unwarrantable additions to the claim (Lqkdonan v. Babaji I. L. R. 13 Cal. [...] For impeaching loans obtained for immoral purposes the sons must satisfy the onus of proving the nature of the loans and also that there was no necessity for those debts ; they need not however prove that the lenders knew of the immoral purpose of the loan. [...] The action was brought on foot of the mortgage or in the alternative on the basis of the Defendants' liability for their father's debts. [...] The Appellants who are some of the reversionary heirs of the widow's husband instituted this suit for the recovery from the principal Repondents of the property comprised within their lease.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday March 4 1907
cix-cxii unknown view

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