The Indian Contract Act With a Commentary Critical And Explanatory
The Indian Contract Act With a Commentary Critical And Explanatory
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187.
(x) Ram Coomar Coondoo v. Ckunder Canto Mookerjee (1876) 2 Cal. 233, L. R. 4 Ind. Ap. 23.
(y) (1908) 35 Cal. 420, L. R. 35 Ind. Ap. 48.
(z] Achal Ram v. JCazhii Husaut. Khun (1905) 27 All. 271, L. R. 32 Ind. Ap. 113, as explained in Bhagwat Dayal Singh v. Debi Dayal Sahu, supra.
(a) Bhagivat Dayal Singh v. Debi Dayal Sahu, suj>ra.
(b~) Kumoar Ram Lai v. J\il KantJu (1893) L. R. 20 Ind. Ap. 112.
CHAMPERTY AND MAINTENANCE. 135 them " (c). But though the Courts will not give effect to agreeme...nts "got S. &3. Up for the purpose merely of spoil or of litigation, " they may in a proper case award compensation for legitimate expenses incurred by the lender to enable the borrower to carry on the lawsuit (rf). Thus where, in con- sideration of the plaintiff agreeing to defray the expenses of prosecuting the defendant's suit to recover a certain property, the defendant agreed to transfer to the plaintiff, in one case nine annas share of the property (0), in another two annas share (/), and in a third eight annas share (g], it was held that the agreement was extortionate and inequitable, and the plaintiff was awarded the expens38 legitimately incurred by him with interest.
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You can find similar books in the "Read Also" column, or choose other free books by Frederick Pollock to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
187.
(x) Ram Coomar Coondoo v. Ckunder Canto Mookerjee (1876) 2 Cal. 233, L. R. 4 Ind. Ap. 23.
(y) (1908) 35 Cal. 420, L. R. 35 Ind. Ap. 48.
(z] Achal Ram v. JCazhii Husaut. Khun (1905) 27 All. 271, L. R. 32 Ind. Ap. 113, as explained in Bhagwat Dayal Singh v. Debi Dayal Sahu, supra.
(a) Bhagivat Dayal Singh v. Debi Dayal Sahu, suj>ra.
(b~) Kumoar Ram Lai v. J\il KantJu (1893) L. R. 20 Ind. Ap. 112.
CHAMPERTY AND MAINTENANCE. 135 them " (c). But though the Courts will not give effect to agreeme...nts "got S. &3. Up for the purpose merely of spoil or of litigation, " they may in a proper case award compensation for legitimate expenses incurred by the lender to enable the borrower to carry on the lawsuit (rf). Thus where, in con- sideration of the plaintiff agreeing to defray the expenses of prosecuting the defendant's suit to recover a certain property, the defendant agreed to transfer to the plaintiff, in one case nine annas share of the property (0), in another two annas share (/), and in a third eight annas share (g], it was held that the agreement was extortionate and inequitable, and the plaintiff was awarded the expens38 legitimately incurred by him with interest.
What to read after The Indian Contract Act With a Commentary Critical And Explanatory?
You can find similar books in the "Read Also" column, or choose other free books by Frederick Pollock to read onlineMoreLess
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