cover image: 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  May 2  1910

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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 May 2 1910

1910

The findings in the original Court were that the debts were not for the family purpose nor were they for the benefit of the firm that the Bank of Bombay did not make any inquiries either as to the pupose of the loans or the capacity of the executant. [...] Now as regards the incidents of the Hindu family firm the general rules about the liability of one member for the discharge of the debts cotracted by another member of the family are these :- Narada says " whatever debt has been contracted for the use of the family by a pupil an appretice a slave a wife or an agent must be paid by the head of the family." Manu : " If the debtor be dead [...] The Hindu law texts mention also the cases in which the husband would be liable to pay the debts contracted by the wife even though the same be contracted without the knowledge or the consent of the husband. [...] These texts support the liability of a husband to pay the wife's debts either because as a rule the husband depends upon the labour of the wife for the support of the family or that the debts are cotriacted in the concerns of the husband. [...] After the judginent of the High Court against the preliminary decree was passed an application was made to the lower Court on the 27th April 1903 to set aside that final decree on the ground that in appeal to the High Court against the prliminary decree the shares of the parties had been determined in accordance with the Mahomedan law to be half and half.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
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 May 2 1910
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