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Documents citing W.W. Joshi And Ors. vs State Of Bombay And Ors. on 19 November, 1958

Hindusthan Laminators Pvt. Ltd. & ... vs Central Bank Of India on 24 April, 1998

A reference may be made to the case of W.W. Joshi & Others v. State of Bombay & Others, where it has been held that severance of words and phrases with the word 'liability' in its widest import means an obligation or duty to do something or to be refrained from doing something. There is no reason why any restricted meaning should be given to the word liability. It is significant to refer that in order to illustrate the meaning of the word liability, a reference may be made to the expression (namely inclusion of interest) which obviously indicates that liability tends to bring within the sweep of its ambit even liability other than that which is payable in terms of cash that is why in the definition portion a reference was made of interest. The said definition of debt further proceeds by inclusion of the expression 'due'. Before assessing the meaning of the word 'due' a distinction may be made between the debt owing and debt due. Mr. P.N. Chatterjee, one of the learned counsels appearing for one of the parties has highlighted said distinction and according to Mr. Chatterjee, when debt is ascribed as due it means due to the bank. Debt is due to the Banks and Financial institutions or analogous agency from any person and the expression owing means that such Financial institution owes money from the person concerned. The said subtellty of distinction between the coinage of expressions due and owing may not be of germane significance here as the definition of debt only contemplates the liability due from the person from whom the money is due. It has been hinted by Mr. Chatterjee therefore it is only a case of implication of fiscal liability and not any other type of liability.
Calcutta High Court Cites 31 - Cited by 3 - Full Document
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