The Central Provinces Law Reports; Containing Cases Decided by the Judicial Commissioner, C.P Volume 7-9

The Central Provinces Law Reports; Containing Cases Decided by the Judicial Commissioner, C.P Volume 7-9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... of the default and that the interest claimed is in the nature of a penalty. I think that no question of waiver arises in this case. It cannot be said that the Plaintiff was bound 1' This was a civil revision from the decision of the Judge Smalt Cause Court, Nagpur. to sue for the whole 6l13011I1lJ due on the bond-immediately on the first default' taking place and the suit 1s within time reckoning from the date fixed for the payment of the first instalment. The question is as to the right of the Plaintifi to recover interest at the rate of 2 per cent. per mensem from.the date of the bond, which was the rate stipulated in case of default, instead of at the rate of 1 per cent. per mensem the rate stipulated in the case of' the instalments being duly and regularly The learned Judge of the Small Cause Court has held on the Rulings reported in I L. R. XV All., 232, titled to recover as a matter of course the rate of interest stipulated for in case of default and no doubt he w_a_s_ perfectly right in considering that his view was supported by those rulings. l believe, however, that this Court has, always acted 'on the views that cases of this kind came within the provisions of Section 74.of the (Contract Act and in a recent case, published in VIII' C. P. L. R.,"54, my learned predecessor Mr. Neill refused to follow the Allahabad case. It is to be observed, moreover, that if a Full Bench of the Allahadad, High Court has ruled in one sense, aFull Bench of the Calcutta High Court has ruled in the opposite sense and in conformity with the decisions of this Court. I should in these circumstances find very great difiiculty in following the Allahabad Ruling. It has been contended that the latter Ruling is supported by...
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Product details

  • Paperback | 150 pages
  • 189 x 246 x 8mm | 281g
  • United States
  • English
  • black & white illustrations
  • 1236794206
  • 9781236794208