cover image: The Calcutta Weekly Notes  Monday  June 1  1942

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The Calcutta Weekly Notes Monday June 1 1942

1942

36 (5) the second of the cases above referred to deals with a point which it was not necessary to discuss for the decision of the case. [...] The question would not arise in the case of an original lender or an asignee after the Act for the moment he put the personal decree into execution sec. [...] He then attempts to avoid the difficulty by observing that a transaction is re-opened only for the purpose of taking an account but in a case where the only thing to be seen is whether the double the principal has been paid there is no account to be taken and consequently no question of re-opening the transaction arises. [...] The rights secured to the creditor by the general law are encroached upon by the special Act with express reservations and once a case is found to come not under the encroaching provisions of the Act but under the resevations there can be no legal sanction for interfering with those rights. [...] 1 r. 10 of the Civil Procedure Code to transpose the Defendant to the category of Plaintiff and to give him leave to bring the heirs of the deceased Plaintiff on the record as Dfendants and to amend the pleadings acordingly.
law
Pages
2
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday June 1 1942
lxxxiii-lxxxiv unknown view

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