cover image: The Calcutta Weekly Notes  May 28  1945

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The Calcutta Weekly Notes May 28 1945

1945

To regulate marital rights by law is a specially delicate and difficult 'process:.There are so many things to be taken in account: In the words of Parliament they are : The true support of marriage the protectTon of children the removal of hardship the reduction of illicit intercourse and unseemly litigation the relief of conscience among the clergy and the restoration of due respect for th [...] Relying on certain observations made by their Lordships in the case when a bail application was moved before the Judicial Committee the Lahore High Court eplained and supported the Madras decision on the ground that the High Court would have jurisdiction if there was some direction from the Privy Council to deal with the bail appliCation. [...] 20 (1) of the Limittion Act as amended by the Amendment Act I of 1927 involves that the intention of the debtor must be shown to have been that the payment should go towards interest and the intention may he proved not only by statements made by him at the time of payment but in any other manner and may clearly appear from the circumstances of the case. [...] In the absence of an intention on the part of the debtor a payment by him does not amount to a payment of interest as such by reason of the rule that it is the right of the credtor to have payments treated in account as liqudating the interest before the principal. [...] 21 (3) of the Civil Courts Act to receive appeal from orders of the Court of a Subordinate Judge the latter cannot be said to be a Cougt subordinate to the former within the meaning of sec.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes May 28 1945
lv-lviii unknown view

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