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1 - 6 of 6 (0.37 seconds)Kerala Cooperative Societies Act, 1969
The Meghalaya Co-operative Societies Act
The Transfer Of Property Act, 1882
The Registration Act, 1908
Nahala vs Adish on 7 January, 2019
7. The counsel for the petitioner further pointed out
that in Nahala v. Adish and others [ILR 2019 (1) KER 264],
this Court has held that Section 36A of the Kerala Co-
operative Societies Act, 1969 creates special charge on
movable or immovable property of the borrower, in favour of
the Society, on the borrower executing Gehan, which has all
the characteristic features of a mortgage under the provisions
of the Transfer of Property Act. When Section 36A provides
for a special charge, it is obvious that a charge created by a
decree cannot prevail over Gehan / mortgage.
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