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    <title>1917 (1) TMI 4 - CALCUTTA HIGH COURT</title>
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    <description>A promissory note payable on demand was treated as a present debt, so limitation against the surety began from the date of the note when the surety&#039;s liability arose. The court held that section 20 of the Indian Limitation Act applies only when payment is made by the person liable for the particular debt or by a duly authorised agent. Because the principal debtor&#039;s and surety&#039;s liabilities are distinct for limitation purposes, payment of interest by the principal debtor did not, even with the surety&#039;s knowledge or consent, create a fresh period of limitation against the surety. Section 128 of the Indian Contract Act did not alter this position, and the suit against the surety was barred.</description>
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    <pubDate>Sun, 21 Jan 1917 00:00:00 +0530</pubDate>
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      <title>1917 (1) TMI 4 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=313344</link>
      <description>A promissory note payable on demand was treated as a present debt, so limitation against the surety began from the date of the note when the surety&#039;s liability arose. The court held that section 20 of the Indian Limitation Act applies only when payment is made by the person liable for the particular debt or by a duly authorised agent. Because the principal debtor&#039;s and surety&#039;s liabilities are distinct for limitation purposes, payment of interest by the principal debtor did not, even with the surety&#039;s knowledge or consent, create a fresh period of limitation against the surety. Section 128 of the Indian Contract Act did not alter this position, and the suit against the surety was barred.</description>
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      <pubDate>Sun, 21 Jan 1917 00:00:00 +0530</pubDate>
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