The duty case upon the son being religious or moral the character of the debt should be examined from the stand-point of justice and morality and the examination of the nature and character of debt should be made with reference to the time when it oriented in other words, when the liability was first incurred by the father.

If on such examination it is found that at its inception the debt was not tarnished or tainted with immorality or illegality, then it must be held that it would be binding on the son.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!

order now

When a particular debt is called in question it is the duty of the Court to examine the nature in the light for the principles mentioned above which are not exhaustive but only basic and to see whether in the circumstances it is of the kind which will give exemption to the son from the liability of paying it on the ground t is repugnant to morals.

A debt which in its inception is a just and true debt does not become avyavaharika merely by the subsequent dishonest con­duct of the father.

Post Author: admin


I'm Irvin!

Would you like to get a custom essay? How about receiving a customized one?

Check it out