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In Re: Nobedeep Chunder Shaw, an Insolvent - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1886)ILR13Cal68
AppellantIn Re: Nobedeep Chunder Shaw, an Insolvent
Excerpt:
insolvency - infant--minor--trading contract--insolvent act (11 & 12 vict.), clause 21. - norris, j.1. i do not think it necessary that i should take time to consider what judgment i should give in this case, or encumber the record with an elaborate investigation of the older authorities in a case where the question is set at rest by the decision of the appeal court in ex parte jones l.r. 18 ch. d. 109, the principle of which was adopted in the court of appeal in ireland in the case of in re rainys 3 ir. l. rep. ch. 459. it seems to me that the provisions of the contract act are much stronger than the infants relief act, a provision which formed the basis of the decision in ex parte jones. i therefore think this adjudication should be set aside.
Judgment:

Norris, J.

1. I do not think it necessary that I should take time to consider what judgment I should give in this case, or encumber the record with an elaborate investigation of the older authorities in a case where the question is set at rest by the decision of the Appeal Court In Ex parte Jones L.R. 18 Ch. D. 109, the principle of which was adopted in the Court of Appeal in Ireland in the case of In re Rainys 3 Ir. L. Rep. Ch. 459. It seems to me that the provisions of the Contract Act are much stronger than the Infants Relief Act, a provision which formed the basis of the decision in Ex parte Jones. I therefore think this adjudication should be set aside.


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