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Report No. 55

38. Varieties of monetary liabilities.-

The nature of the monetary liab,ility1 itself offers scope for numerous variations. For example:-

(i) it may be a pure and simple transaction of loan, between parties between whom there is not much disparity; or

(ii) it may be a transaction between parties of whom one is able to exploit the other; or

(iii) the monetary liability may arise out of a claim for maintenance; or

(iv) it may be for the wages of whole-time employment; or

(v) it may be a contractual liability, for a specific sum-e.g. a claim against a publisher for rrears of royalties; or in respect of leasing out of certain right to fell trees,2 or

(vi) it may be for accounts of custody of joint family property;3

(vii) it may be liability in damages for breach of contract,4 e.g. against a manufacturer for breach of warranty or against a supplier for non-delivery of goods;

(viii) it may be liability based on use of partnership money;5

(ix) it may be in the nature of compensation for tort, e.g. against the owner of a motor-vehicle or his insurer, for loss caused by an accident.6

1. Para. 37, supra.

2. (a) Sarajubala v. Surendranath, AIR 1919 Cal 144 (150);

(b) Bhagwant v. Gangabesain, AIR 194. Born 369 (370, 377, 378) (Interest on unliquidated damages).

3. Parruzu v. Subharayudu, AIR 1922 PC 71 (72).

4. Anandram v. Bholaram, AIR 1946 Bom 1 (7).

5. Udhavji v. Bapudas, AIR 1950 Born 94 (101); Section 37, Partnership Act.

6. See also para. 31, supra.



Rate of Interest for the Period after Decree and Interest on Costs Under Sections 34 and 35 of the Code of Civil Procedure, 1908 Back




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