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 Short Notes of Important Decisions of other High Courts in India  Monday  September 21  1936

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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 Short Notes of Important Decisions of other High Courts in India Monday September 21 1936

1936

The earlier case decided that on the insolvency of a Mitakshara father the iterest of his undivided sons in the joint family property did not automatically vest 177eIxaviii THE CUCUTA WEEKLY NOTES (VOL KO in the Official Assignee under the provsions of the Presidency Towns Insolv ency Act. [...] But could the Official Assignee sell the interest of the sons for payment of the antecedent debts of the insolvent father? [...] If the capacity to deal with the sons' shares is " property " do not the same considerations apply which induced their Lordships to hold in the earlier case that the shares of the sons would not vest in the Official Assignee? [...] 1.20 of the Lunacy Act the committee in lunacy did not get any power vested in the lunatic " for his own benefit." It was because of these considerations that in another line of cases it has been held that if the principles laid down in the first Privy Council case were worked out it folowed that the shares of the sons might be attached in execution by the credit%rs of the father but they c [...] On facts also the position in the two cases was the same ecept that in the case in 39 C. W. N. the auction-purchaser was a stranger whereas in the present case the purchaser was the decree-holder himself.
law
Pages
4
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 Short Notes of Important Decisions of other High Courts in India Monday September 21 1936
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