distinction exists in English Law between legal assignment and equitable assignment. There is statutory provision in England contained in the Law of Property ... legal assignment. Even where a transaction does not amount to legal assignment for want of due formalities, English Law recognises equitable assignment under which
favour of the appellant, that it does not amount to an equitable assignment of the debts, and that the equitable interest of the appellant ... even a mere charge or hypothecation is treated as an "equitable assignment" under the English Law (Fisher on 'Mortgages,' 5th edition
favour of the appellant, that it does not amount to an equitable assignment of the debts, and that the equitable interest of the appellant ... even a mere charge or hypothecation is treated as an 'equitable assignment' under the English Law Fisher on 'Mortgages
circumstances the direction dated July 29, 1944, operated as a valid equitable assignment of the contractual right of the senior partner under the sale agreement ... Dastur only for the purpose of showing that an equitable assignment of the actionable claim is recognised in India. We are not concerned with
civil law & rests on the 'fiction' of an equitable assignment of the security traceable to presumed intent in the case ... shield against puisne incumbrances, resting on the theory of an implied equitable assignment of the debt to the person paying it up.
21. In India
time, whether payable in presenti or in futuro, amounts to an equitable assignment of the fund so as to entitle the assignee of the fund ... from a third person, does not constitute an equitable assignment so as to charge the debt in the hands of such third person. I therefore
time, whether payable in proesenti or in future, amounts to an equitable assignment of the fund so as to entitle the assignee of the fund ... from a third person does not constitute an equitable assignment so as to charge the debt in the hands of such third person. I therefore
M/S. Adidas India Marketing (P) Ltd., ... vs Ito, New Delhi on 29 July, 2019
therefore, classify
subrogation under three broad
categories:
(i) subrogation by equitable
assignment;
(ii) subrogation by contract; and
(iii) subrogation-cum-assignment.
28.1 In the first ... entire loss, then equitable right
of subrogation arises and in such case of
subrogation by equitable assignment, the insurer
would be allowed to stand
clarifying that subrogation
served as an equitable assignment enabling an Insurer to step into the shoes of the Insured for
recovery purposes after settling ... Claim -
"26. Subrogation, as an equitable assignment, is inherent, incidental and collateral to a contract of
indemnity, which occurs automatically, when the insurer settles
