transfers were without consideration and were in the nature of champerty and made for the purpose of spoil and litigation. He also alleged that ... contended on behalf of the respondent that although the English law of Champerty and Maintenance is not in force in this country, yet the transactions
here, as certain transfers in England are not allowed as savouring of champerty or maintenance. Many conveyances which would not be allowed in England ... allowed in this country, because there is no rule against champerty or maintenance in this country. But the decisions of English Courts may serve
here, as certain transfers in England are not allowed as savouring of champerty or maintenance. Many conveyances which would not be allowed in England ... allowed in this country because there is no rule against champerty or maintenance in this country. But the decisions of English Courts may serve
bound as a Court of Common Law by the law relating to champerty and maintenance, and if an assignment of a chose in action
applied in this country, of which the law as to champerty is an instance. The law of England whereby betting is discouraged is the Statute
cases and that the consideration was not unlawful as the Law of Champerty does not apply to India. But he held at the same time
untrammelled as they are by any laws regarding maintenance and champerty, what has to be considered in such cases is, to quote the words
pauper is one which is champertous. If a parson enters into champerty or maintenance agreement for the prosecution of the litigation, he is not entitled
In Re: An Attorney vs Unknown on 24 June, 1954
Equivalent citations: AIR1955CAL113, 58CWN880
JUDGMENT
Judicial Committee of the Privy Council pointed out that the statute of champerty has no effect in the mofussil of India; they held that
