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Maratha Mandir Ltd. vs Official Liquidator, Golcha ... on 11 February, 1972

In this connection we may refer to the decision of a Division Bench of the Bombay High Court in Maneklal v. Saraspur Manufacturing Co. Ltd. AIR 1927 Bom. 167. Leave was sought to continue a pending suit in which two claims were put forward namely (1) to obtain specific performance of an agreement to that mortgage by sale and (2) to enforce a money demand involving a money decree. It was found that the claim with regard to specific performance of the agreement to mortgage was bound to fail. Leave was refused to continue the suit with regard to this claim. Leave was granted to continue the suit with regard to the money claim. Marten C.J. with whom Kemp J. agreed passed the following order:
Rajasthan High Court - Jaipur Cites 10 - Cited by 0 - Full Document

Hirachand Himatlal Marwadi vs Kashinath Thakurji Jadhav on 2 February, 1942

In Maneklal v. Satraspur Manufacturing Co. Ltd. (1926) 29 Bom. L.R. 253, 263 the question of an agreement for a mortgage giving a charge over the property was considered, though not definitely decided; and the remarks to be found in the judgment on the point indicate that, whatever may be the position in English law, such an agreement does not under Indian law give rise to a charge.
Bombay High Court Cites 6 - Cited by 17 - Full Document
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