Whether member of family who was not personally liable under decree can be adjudicated insolvent?

On the fourth point the learned District Judge is clearly right. Molar Singh, respondent 4, was not personally liable under the decree. The debt in question was due by his father Chattar Singh along with his uncles, respondents 1 to 3. So far as Molar Singh is concerned the decree against him was passed in his representative capacity and was obviously realisable from the estate of Chattar Singh which had come into his possession. On these facts, it was eventually conceded by Mr. Shamair Chand for appellant that, Molar Singh could not be adjudicated insolvent.

 Citation : AIR 1930 Lah 592

IN THE HIGH COURT OF LAHORE

Decided On: 07.03.1930

 Kalu Ram
Vs.
Gitwar Singh and Ors.

Coram:

Tek Chand, J.

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Whether creditor can make single insolvency petition for adjudicating two or more person as insolvents?

After giving the matter my careful consideration I am of opinion that there is no legal bar to a single application being made by a creditor for adjudicating two or more persons as insolvents if they are jointly liable on a debt or have committed a joint act of insolvency.

 Citation : AIR 1930 Lah 592

IN THE HIGH COURT OF LAHORE

Decided On: 07.03.1930

 Kalu Ram
Vs.
Gitwar Singh and Ors.

Coram:

Tek Chand, J.

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How to appreciate evidence of handwriting expert?

I am in no way inclined to discredit the value of such expert testimony, which, in some cases especially, may be conclusive, or, at any rate, of great importance, but I cannot help thinking that it is extremely dangerous to generalise in the way the experts have done when the questioned writing has been executed daring a state bordering on prostration. It appears to me most unsafe to accept the expert opinion regarding the shakiness, tremulousness, want of care or excess of care in a writer writing under such conditions, and it may be noticed in this case that neither of the experts has even stated that he possesses much experience regarding the writings of a sick man. After all, in such circumstances, it is the human factor which has to be taken into consideration and this human factor is capable of producing many variations and inconsistencies. At the most, I would hold that the handwriting expert evidence in this case has raised some slight suspicion as to the genuineness of the document; but this Blight suspicion is of no moment unless strongly confirmed in other ways.

Equivalent Citation: 59Ind. Cas.220,3LLJ110

IN THE HIGH COURT OF LAHORE

Letters Patent Appeal No. 126 of 1920

Decided On: 04.12.1920

 Hari Singh  Vs. Sardarni Lachhmi Devi

Coram:Shadi Lal, C.J., and Leslie Jones, J.

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How to ascertain damages in respect of breach of contract in respect of immovable property?

 There remains the question of the amount of damages. The plaintiff was clearly entitled to sue at his option either for specific performance or for compensation for breach of contract or for both. He has chosen to sue for compensation. It has been pointed out in 40 Mad. 338, 38 Cal. 455 and 32 Bom. 165 that the law of India in respect of breaches of contract for the sale of immovable property differs from that of England and that the ordinary rule laid down in Section 73 of the Contract Act applies to such breaches. The Calcutta and Bombay cases also lay it down that the measure of damages ordinarily should be the difference between the contract price and the market value at the date of breach though it is remarked in 32 Bom. 165 that each case has to be considered on its own merits.

IN THE HIGH COURT OF LAHORE

F.A. No. 1139 of 1917

Decided On: 10.04.1923

Appellants: Akhtar Beg and others

Vs.

 Haq Nawaz, Advocate, High Court Lahor Haq Nawaz, Advocate, High Court Lahore, Bashir Ahmed, Bar-at-law, son and legal representative of the Hon'ble Mr. Muhammad Shah Din, C.J.

Hon'ble Judges/Coram:
Campbell and Moti Sagar, JJ.

Citation: 78Ind. Cas.87,(1924)Lah709

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