trade, such as a liability incurred for the goods purchased or debt incurred as incidental to a trading transaction. Secondly, it was contended that
term 'debt advanced' in S. 4 is wide enough to mean as debt put forward, the debt in question comes within the scope ... partner in a partnership represents price of goods purchased and as such, the debt in the instant case, fell within the meaning of Exception
date on which he pays off the mortgage-debt and not the date on which the debt fell due. Statements suggesting anything to the contrary ... liability of C schedule property for rateable contribution towards the debt. Having purchased it with knowledge of what had transpired and the consequences of purchase
right to discharge such debts in spite of the manager who represented them having failed to discharge the debt and allowed a decree to passed ... whole of the property in question for a family debt ; and that defendant 3 purchased that property and not merely the right, title and interest
discharge the debts due by defendant 6, and after discharge of the debts by sale of some of the properties, purchased under exhibit ... discharging the decree and other debts and that he discharged them by selling a portion of the properties purchased by him and also assigning
purchasers have purchased the alleged sites
subsequent to the date of the mortgage of property in
question. Under such circumstances, the purchasers have
purchased ... purchased for a specific prohibited purpose, the Debt Recovery
Tribunal, Bengaluru and the Debt Recovery Appellate Tribunal,
Chennai lost sight of the fact that
purchasers have purchased the alleged sites
subsequent to the date of the mortgage of property in
question. Under such circumstances, the purchasers have
purchased ... purchased for a specific prohibited purpose, the Debt Recovery
Tribunal, Bengaluru and the Debt Recovery Appellate Tribunal,
Chennai lost sight of the fact that
debt due and payable by the
borrower(s) to the bank. Secondly, the bank is the
owner of such debt. Such debt is an asset ... debts, it cannot be said that the banks are
trading in debts, as held by the High Court(s). The
assignor Bank has never purchased
operative Society; and
(h) Any debt which represents the price of goods purchased by such debtor."
7. The learned counsel Sri Raghavendara ... word 'debt' requires that amount should be in substance a debt.
The word 'in substance a debt' connotes something more than
make the Debt Relief Act applicable to such debts. The acceptance of a
hypothecation deed in respect of such a debt executed by the debtor ... debt."
Section 8(h) of the K.D.R. Act also reads as :
"....any debt which represents the price of the goods purchased