Coherent Identifier About this item: 20.500.12592/m9sm64

The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short notes of Important Decisions of other High Courts in India Monday September 15 1941




174A and on the expiry of that period “ the Court shall make an order confirming the sale.” A day therefore shall arrive which will be the day for the confirmation of the sale and all prliminaries necessary to confirmation must obviously be completed before that date If the deposits spoken of in sec. [...] clxxi ships dispose of the contention of the dcree-holder on the broad ground that the test to be applied in determining whether a decree should be re-opened or note is whether the decree as it stands offends against the Money-Lenders Act and not whether the sum actually claimed by the decree-holder in execution is within the statutory limit. [...] Their Lordships set out the calculation made by the Subordinate Judge and we find that the latter had calculated interest at the statutory rate from the date of the loan up to the date of the original decree and then at 6 per cent. [...] (1) is two-fold : (1) liability to pay the deficiency if any between the purchase money and the amount due under the decree (2) liability to pay any rent which may have become payable to the decree-holder between the date of the institution of the suit and the date of the confirmation of the sale and the amounts in both these cases must be deposited under sub-sec. [...] (3) is a very hard section because on failure to make deposit the sale being not confirmed the auction-purchaser will be dprived of possession of the holding or the tenure sold and the judgment-debtor may go on possessing the defaulting holding or litclxxii THE CALCUTTA WEEKLY NOTES.



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