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    <title>1928 (7) TMI 5 - Calcutta High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=293321</link>
    <description>Where an instalment bond allows the creditor to recover the entire debt on default of any instalment, limitation runs from the first default unless waiver of the acceleration clause is clearly established. The court held that later alleged interest payments were not proved, and there was no definite act or forbearance showing waiver. Mere abstinence from suing was insufficient to amount to waiver, and a failed plea of payment could not be substituted by a plea of waiver. Limitation therefore began on the first default, and the suit was barred.</description>
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    <pubDate>Tue, 17 Jul 1928 00:00:00 +0530</pubDate>
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      <title>1928 (7) TMI 5 - Calcutta High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=293321</link>
      <description>Where an instalment bond allows the creditor to recover the entire debt on default of any instalment, limitation runs from the first default unless waiver of the acceleration clause is clearly established. The court held that later alleged interest payments were not proved, and there was no definite act or forbearance showing waiver. Mere abstinence from suing was insufficient to amount to waiver, and a failed plea of payment could not be substituted by a plea of waiver. Limitation therefore began on the first default, and the suit was barred.</description>
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      <pubDate>Tue, 17 Jul 1928 00:00:00 +0530</pubDate>
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