cover image: The Calcutta Weekly Notes  Monday  September 6  1937

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The Calcutta Weekly Notes Monday September 6 1937

1937

(2) that when the purchaser is the decree-holder the purchasmoney and the amount due on the decree may be set off against one another and the Court executing the decree shall enter up.;latisfaction of the decree in whole or part accordingly. [...] In the latter case will the sale be protected on the footing that to the extent represented by the sale price the debt is extinguished? [...] 10 of the Letters Patent en apeal lies from the judgment of a single Judge of the High Court in every case in which the judgment is not passed in the exercise of Appellate Jurisdiction in respect of a decree or order made in the exercise of Appellate Jurisdiction by a Court subject to the Superintendence of the High Court that 163clsiv THE CALCUTTA WEEKLY NOTES*. [...] feet later discovered in regard to the quality ; the duty of the Court in such cases is to ascertain and give effect to the intetion of the parties as evidenced by the agrement; and though when the language of the contract will admit of it it should be prsumed that the parties meant only what was reasonable yet if the terms are clear and uambiguous the Court is bound to give effect [...] 1.6 (2) of the Sale of Goods Act it is not suffcient that the goods are marketable or salable (that is no doubt the dictionary meaing of the word) for in the statutory sense the significance of the word " merchantable " is relative the test being are the goods mechantable or not under the particular &scritical in the contract.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday September 6 1937
clxi-clxiv unknown view

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