cover image: The Calcutta Weekly Notes. Monday  June 19  1939

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The Calcutta Weekly Notes. Monday June 19 1939

1939

XLJTI ing a bid and receiving the sale price the Judge failed to oblige the bidder no means would be open to the latter either to enforce specific performance of the bargain or to recover his money on the ground of failure of consideration. [...] 19 of the Act provides for the settlment of debts in two ways firstly by an amicable settlement between the debtor and the creditor secondly when creditors to whom 40 p. c. of the debt is due agree to an amicable settlement with the debtor in repect of debts and the offer made by the debtor seems fair to the Board the coposition may be put through and gentle compulsion may be applied [...] The right of the landlords to claim interest at the former rate up to the date of coming into operation of the prsent law is in my opinion a substantive one and the present law cannot have any rtrospective effect to lessen the rate of iterest at the present rate for period up to the date of coming into force of the prsent law. [...] That section does not appear simply to provide for the quantum of interest but provides also for the liability that is to say it is not the meaning of the section that if interest is allowed then it will be allowed at the rate mentioned but what the section means is that as soon as rent bcomes an arrear the liability to bear interest at the given rate shall attach to it or to put it in ano [...] The rule of caution is that it is better to have too many charges rather than too few and once a charge has been framed it should not be dropped until the conclusion of the trial unless on the face of it it is wholly inapprpriate or the trial is open to attack on the ground of misjoinder or multifariousness of charges.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday June 19 1939
cxxi-cxxiv unknown view

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