The Punjab Record; Or, Reference Book for Civil Officers

The Punjab Record; Or, Reference Book for Civil Officers : Containing the Reports of Civil and Criminal Cases Determined by the Chief Court of the Punjab and Decisions by the Financial Commissioner of the Punjab Volume 27, PT. 1

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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: ...the result. the nature of the present one will lie has often been considered by the Courts of this country, and the answer has generally been in the alfirrnative. The following may he quoted among other rulings bearing on the subject (l.) 5 B. L. R., 223, F. B. (2.) 3 Calc., L. R., 414. (3.) I. L. R., 5 Mad, 397, F. B. (4.) I. L. R., 8 Mad., 277, F. B. (5.) I. L. R., 3 All., 538. (6.) Punjab Record, No. 83 of l88l=. There is some diversity of opinion as to the grounds on which such a suit is maintainable. In case No. 1, the learned Chief Justice expressed an opinion that the defendant must be considered as being atrustee for the plaintifi of the money which had been previously paid, and which she had not appropriated to the satisfaction of the decree, and had, indeed, by her omission to certify the matter to the Court, prevented it from being so appropriated. In case No. 3, Turner, Chief J usticc. held that the suit was one to recover damages for the breach of the implied promise to certify the payment t0 the CODY?-. and thereby make it effectual in cxecution._ In case No. 2 the Judge of the Small Cause Court, who made the reference, suggested that the decree-holder had entered into a tacit contract to abstain from suing out execution, if not to certify adjustment, so that when he did sue out execution he com mitted a breach of that contract, ---a breach causing injury to his judgment-debtors, and such an injury as he was bound in law to compensate. The view of the Ma Ir as High Court was adopted by Mr. Justice Birkley in his decision in case No. 6. If plaintiffs allegations are true, there was an implied contract on the part of his decree-holder to certify to the Court the payment made by him. This contract was broken when the..
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Product details

  • Paperback | 300 pages
  • 189 x 246 x 16mm | 540g
  • United States
  • English
  • black & white illustrations
  • 1236779339
  • 9781236779335