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  April 28  1941

Premium

20.500.12592/g83t20

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 April 28 1941

1941

It is true that after the decree the debt becomes a judment debt as the Federal Court pointed out in the Madras Agriculturists Relief Act case; but the language of the relevant part of the definition of debt is " liabilities icurred prior to the first day of January 1940 whether payable under a decree. or otherwise." The reference is to the point of time when the liability is incu [...] The date of the decree is not the date of the birth of the liability though it may be the date of its transformation. [...] 18 the Board has to determine the amount of the debt and under the proviso thereto it has to take the decree as the conclusive evdence. [...] Presumably this operation has to be completed ordinarily within three months and when the result is brought to the notice of the executing Court the latter deducts the amount taken over by the Board and executes the decree as to the rmainder. [...] 18 of the B. A. D. Act still retains the proviso which says that a decree of a Civil Court relating to a debt shall be conclusive evidence as to the existence and amount of the debt as between the parties to the decree.
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 April 28 1941
lxxxix-xcii unknown view

Related Topics

All