Rulings by the Late Sudder Court and the Appellate High Court; From October 1861 to the Present Time, on References from the Mofussil Small Cause Cour

Rulings by the Late Sudder Court and the Appellate High Court; From October 1861 to the Present Time, on References from the Mofussil Small Cause Cour

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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. 1865 edition. Excerpt: ...practice to that which prevails in the Small Cause Court of Calcutta where interest is never allowed. The allowance of interest is, oh the contrary, attended with many disadvantages. It encourages litigation. Small Cause Courts, instead of being resorted to only in exceptional cases for the adjust--ment of disputed claims, are turned into mere Registration o Oflices; and decrees, instead of being promptly executed, are kept suspended over the head of the debtor for years; for it is not the interest of the decree-holder to execute them in full, so long as they are yielding a good rate of interest But this is not, in my opinion, a state of things to be encouraged; and I have accordingly, as a general rule. refused to allow interest upon decrees. I now, therefore, beg, at the request of the plaintiff, respectfully to refer for the orders of the High Court, whether the Small Cause Courts of the Mofussil are bound to allow interest upon their decrees, or whether interest should only be allowed in exceptional cases, and for special reasons. Judgment qf the High Co'wrt.--We agree with the Judge of the Small Cause Oburt in the matter of this reference. The worth of the Acts are permissive; and there is nothing in them to prevent a Small Cause Court exercising its discre tion, either in awarding or in refusing interest from the date of decree to that of realization. Exceptional cases may, of course, require exceptional measures; but as a general rule we think the Judge is right. Whethcir it is expedient or not to act in either way, is not within this Court's province to determine.. The 14th January 1865. Present: The Hon'b1e H. V. BAYLEY and A. G. Mscrnsnson, Judges. Cutting Trees--IDamages--Lease--Laches of LessorLimitation. Referemze to...show more

Product details

  • Paperback | 70 pages
  • 189 x 246 x 4mm | 141g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236817869
  • 9781236817860