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  August 25  1941

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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 August 25 1941

1941

Intensely loyal as he is to the King and country he is no less keen in protecting the personal liberty of the subject He believes in the freedom of thought opinion speech and writing and at sedition and political trials he is always prepared to make allowance for these as also for casual indiscrtions and give due consideration to the circumstances of the whole case in the accused’s favour. [...] What the section is addressed to and what it hits is &ny sum that the borrower may be required to nay after the commencement of the Act which together with the amounts specified in (iii) and (iv) above exceeds twice the principal. [...] But apart from the question of such further sum the setion does not touch the amount already paid or included in a decree in respect of a loan: the measure of double the principal of the original loais not applied to them. [...] The first are payments made prior to and otherwise than under the decree and the second is the amount for which the decree has been passed. [...] Justice Edgley quotes from the judgment of the Judicial Committee it is stated that " allowance of interest on the decree is not the allowance of additional iterest on the loan or debt." Interest on the decretal amount cannot therefore be rgarded as a liability included in a decree " in respect of a loan " and to it the limittion imposed by sec.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
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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 August 25 1941
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