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Antecedent debt

the two transaction must be dissociated in fact so that they cannot be regarded as part of the same transaction, Virdhachalam Pillai v. Chaldean Syrian Bank Ltd, 1964 SC 1425: AIR (1964) 5 SCR 647.

Money lender

Money lender, a few disconnected and isolated transactions would not make a person engaged regularly in Money lending business, Ka Icildawallang v. U. Lokendra Sojour, AIR

Guaranty, or Guarantee

Act, 'a continuing guaranty given either to a firm or to a third person in respect of the transactions of a firm is, in the absence of agreement to the contrary, revoked as to future transactions by

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Same interest

is not a distinct interest even though arising out of or taken away by the same act or transaction, AIR 1980 J&K 50 (52). (Civil PC, 1908, O. 1, R. 8)

Condition

has been used in connection with personal obligations to distinguish one kind of obligation from another in the same transaction and to limit property. In their primary meaning, conditions precedent are events, but for the happening of which,

joinder

of any parties that share common issues of law or fact in regard to the same occurrences or transactions ;also : a joining in one suit of any legal, equitable, or maritime claims a party has against

Regularly kept books of account

an eminent factor for weighment. The test of regularity of keeping accounts by a shopkeeper who has daily transactions cannot be the same as that of a broker in real estates. Not only their systems of maintaining

Loan

'loan' used in s. 4 has the same meaning as it has in s. 2(f) and includes a transaction on a bond bearing interest executed in respect of past liability, Jiwanlal Achariya v. Rameshwarlal Agarwalla, AIR 1967

egularly kept books of account

an eminent factor for weighment. The test of regularity of keeping accounts by a shopkeeper who has daily transactions cannot be the same as that of a broker in real estates. Not only their systems of maintaining

Counter-claim

357. Counter-claim, includes even a claim made in an independent suit and a claim for damages based on same transaction as being broadly a plea of set-off falling u/s. 19(6) & (7), State Bank of India v. Ranjan

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