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  February 2  1931

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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 February 2 1931

1931

It was contended in the circumstances that the payment not being shown to be towards iterest it must appear in the hand-writing of the debtor that the writing of the cheque was not such hand-writing within the meaing of sec. [...] 20 of the Limitation Act and futher that the fact that the payment was Made towards principal must also appear in the hand-writing of the debtor: Held (Boys and KING JJ.)--That the writing out a cheque by the debtor and handing it over to the creditor and receipt by him will amount to payment appearing in the hand-writing of the debtor within the meaning of sec. [...] 20 of the Limitation Act when such cheque is accepted as paynient by the creditor; if the creditor cannot show that the payment was towards interest it will be taken to be towards the principal and must appear in the hand-writing of the debtor; but is not necessary that the fact that the payment was made towards the principal should also appear in the hanwriting of the debtor. [...] Being desirous of practising at the Bar of the Patna High Court after his retirement the appellant applied to that Court to have his name entered on the roll of advocates and the following order was made : " That although in the opinion of a majority of the Judges Mr. [...] 8 (2) (a) of the Indian Bar Councils Act yet in view of the fact that he was a Permanent Judge of this Court the Judges refuse to allow him to appear in the Courts of this Province." On appeal against the part of the Order refusing to allow him to practise the Privy Council held that inasmuch as the appellant was entered on the roll of advocates he had a statutory right to practise by reason o
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 February 2 1931
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