Under the historical Mitakshara doctrine of pious obligation, which liability is the clearest example…
The historical exception covered debt incurred for a cause repugnant to good morals. S. M. Jakati distinguished criminal breach of trust from civil liability for mere…
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Under the historical Mitakshara doctrine of pious obligation, which liability is the clearest example of an avyavaharika debt?
Answer and explanation
Correct answer A
The historical exception covered debt incurred for a cause repugnant to good morals. S. M. Jakati distinguished criminal breach of trust from civil liability for mere negligence. Section 6(4) of the Hindu Succession Act bars recovery solely on pious obligation, subject to its saving for earlier debts.
Option feedback
Option A
The Supreme Court distinguished criminal breach of trust as liability arising from conduct repugnant to good morals.
Option B
Ordinary lawful household borrowing supplies no immoral cause.
Option C
A lawful purchase supplies no immoral cause.
Option D
S. M. Jakati treated the director’s mere negligence on the facts as insufficient to establish an avyavaharika debt.
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