https://www.taxtmi.com/caselaws?id=309353 Liability arising from the husband's participation in a partnership business was treated as a commercial debt chargeable against the common matrimonial estate. The objection based on the right of moiety and the Portuguese Civil Code was rejected because the real issue was the character of the debt and its connection with commercial activity. Order XXI, Rule 50(2) CPC was held not to assist the appellant. The Court applied Article 15 of the Portuguese Commercial Code, not Article 10, and accepted the presumption that the debt was incurred for the common gain of the spouses, validating attachment and sale of the common assets. en-us Tue, 29 Nov 1994 00:00:00 +0530 Sat, 26 Aug 2023 12:08:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309353 Liability arising from the husband's participation in a partnership business was treated as a commercial debt chargeable against the common matrimonial estate. The objection based on the right of moiety and the Portuguese Civil Code was rejected because the real issue was the character of the debt and its connection with commercial activity. Order XXI, Rule 50(2) CPC was held not to assist the appellant. The Court applied Article 15 of the Portuguese Commercial Code, not Article 10, and accepted the presumption that the debt was incurred for the common gain of the spouses, validating attachment and sale of the common assets. Case-Laws Income Tax Tue, 29 Nov 1994 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309353