Court : Kolkata
Decided on : Jan-30-1934
Reported in : AIR1934Cal549,150Ind.Cas.925
..... and delivery.2. the hand-note is promissory note, and a promissory note is a written acknowledgment of debt with a promise to repay. it is also a memorandum of contract, and evidence of a chose in action or actionable claim. thus, it may be transferred by assignment, and the assignee thereby gets such title as the assignor had in the .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-06-1934
Reported in : AIR1935Cal94
..... by the principles enunciated in the case reported in bauga chandra dhur biswas v. jagat kishore 1916 pc 110. the necessity for the sale alleged in the payment of debts contracted is connexion with the sradh of kali nath and the probate proceedings. the learned subordinate judge's judgment on this part of the case is not very clear. but i .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-20-1934
Reported in : AIR1935Cal102,155Ind.Cas.1109
..... was merged in the express promise to pay as contained in the promissory notes and consequently the alternative claim, namely, the claim on the original debt alleged to have been contracted by the kartas of the joint family for the purposes of joint family and joint business, is not sustainable in law. in the present proceeding it is not necessary to .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-02-1934
Reported in : AIR1935Cal190
..... in the present proceedings it will be sufficient for us to say that it will be open to panna chand jetmull or any of the partners acting under section 263, contract act, to put in their claims and, if so put in, such claims will be investigated according to law. with this reservation we confirm the learned judge's directions as .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-11-1934
Reported in : AIR1935Cal228
..... case of estoppel can arise as the plaintiff does not claim the estate through his father. mr. ghose contended that what the father was really doing was to make a contract for the benefit of his minor son, who is therefore bound by it. there can be no question that the son was benefited by it. this aspect of the matter .....
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