entire joint property. There have been several decisions extending the doctrine of substituted security to such cases, i.e., where the mortgage is only ... also. It was not seriously contended before us that the doctrine of substituted security should, not be extended to such cases.
9. It was strongly
Maharao Sahib Shri Bhim Singhji vs Union Of India on 13 November, 1980
Bench: P
Bihar Land Reforms Act and that this is on the doctrine of substituted security. This decision follows the above Supreme Court decision in recognising ... owning ryoti lands, really proceeds on the well-known equitable doctrine of substituted security, the principle of which is embodied in Section
that Act ruled out application of the doctrine of substituted security to enable the mortgagee to proceed against it.
12. We shall now proceed ... that view, it was held that the doctrine of substituted security could not be availed of by the mortgagee.
15. Mr. Vedanthachari for the appellant
these decisions give effect to the well recognized doctrine of substituted security by virtue of: which the rights and interests of the mortgagee ... become due have been taken away from him.
11. The doctrine of substituted security is a doctrine of wide application. If the subject
Seetharamaraju , AIR 1948 Mad 1 (FB), held that the doctrine of substituted security was applicable to a case where a co-sharer mortgagor mortgaged ... Court held that it is not permissible to apply the doctrine of substituted security to the case of a sale of a specific item
K.Ramananda Mallaya vs K.Anasuya Bai on 17 March, 2009
Author: M.Sasidharan Nambiar
been granted in substitution of the old proprietary rights and they are thus saleable by virtue of the doctrine of substituted security. It was lastly ... partake of the nature of the mortgaged rights under the doctrine of substituted security, which has a very wide application. The authorities on this) point
hands of branch No. I on the basis of the doctrine of substituted security as laid down by the Privy Council in Byjnath Lall ... however, are all cases of mortgagor and mortgagee, and the doctrine of substituted security on which they proceed cannot be extended to cover the case
hands of branch No. 1 on the basis of the doctrine of substituted security as laid down by the Privy Council in Byjnath Lull ... however, are all cases of mortgagor and mortgagee, and the doctrine of substituted security on which they proceed cannot be extended to cover the case
