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Attaching decree-holder

Attaching decree-holder, An attaching decree-holder is a representative of the judgment-debtor and any previous decision binding on the judgment-debtor is also binding on the attaching decree-holder, Ram Sewak v. Bahal, AIR 1935 All 888; Radharani v....

Attachment, Foreign

of which a creditor may obtain the security of the moneys, goods, or other personal property of his debtor, in the hands of a third person, for the purpose, in the first instance, of enforcing the appearance

Cessio bonorum

Cessio bonorum (a surrender of goods). By the Roman Law a cessio bonorum of the debtor was not a discharge of the debt, unless the property ceded was sufficient for that purpose. It otherwise

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Commitment

sending a person to prison by warrantor order, either for a crime, contempt, or contumacy [see the (English) Debtors Act, 1869, for the abolition of imprisonment for debt, 32 & 33 Vict. c. 62, s. 5]. In

Confusion

destroy one another. This may occur in several ways, as where the creditor becomes the heir of the debtor, or the debtor the heir of the creditor, or either accedes to the title of the other by

Damdupat

Damdupat, the principle of Damdupat was evolved both as an inducement to the debtor to pay the entire principal and interest thereon at one and the same time in order to save

Debt

the assignment is absolute and in writing, where express written notice of the assignment is given to the debtor, trustee, or other person from whom the assignor would have been entitled to claim such a debt [(English)

Discussion

they became bound as sureties: but were liable only after the creditor had sought payment from the principal debtor, and he had failed to pay. This was called the benefit or right of discussion. Under those systems

Quo minus

was called a quo minus because in it the plaintiff suggested that he was the King' farmer or debtor, and that the defendant had done him the injury or damage complained of; quo minus sufficiens existit, by

Expromission

Expromission, a species of novation, as a creditor's acceptance of a new debtor, who takes the place of the old debtor, who is discharged.

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