assign
or other vernacular for the same being „assignment in equity‟ exists
independent from the actual assignment. The said agreement is termed as
„equitable assignment ... equitable assignment' if it purports to assign the whole of
the copyright, is not a partial assignment merely because it
is equitable. (Halsbury
form continued, the assignment could not be said to be absolute. Such an assignment was regarded as an equitable assignment by the Supreme Court ... assigned unless the contract from which the debt arises prohibits such assignment. There is a difference, however, between an assignment and an equitable assignment
decree in law, but the power, it was held, constituted an equitable assignment of the amount due under the decree or so much of that ... debts due to it, and that on the strength of the equitable assignment in its favor, the Bank could execute the decree. In Bharat Nidhi
equitable assignment' if it purports to assign the whole of the copyright, is not a partial assignment merely because it is equitable. (Halsbury ... assignment, or bare license. It is, however, necessary to distinguish a legal assignment from an agreement to assign which gives only equitable rights likely
further held that such a power of attorney constituted an equitable assignment of the amount due under the decree or so much of that amount ... discharging the debt to it and that on the strength of equitable assignment in its favor, the bank could execute the decree
Property Act
1925 or by an equitable assignment. The
decided cases on the rights of the parties in
this situation are not clear. There would ... Estates Ltd. v. Woodside Estate Co. (Amersham)
Ltd. ante.). Where the assignment is
equitable, both the assignor and the assignee
should join in the arbitration
been observed that "the equitable assignment
exists in cases involving the agreement to assign future work and
equitable assignment generally flows from contractual relations ... present assignment
governed by federal law... To determine if a
contract creates a valid present assignment,
the contractual language governs:-
[W]hether an assignment
explained the three kinds of
subrogation i.e subrogation by equitable assignment,
subrogation by contract and subrogation-cum-assignment. For
the purposes of the case
Suretyship (1950 Edn., p. 205) which reads thus:
"Subrogation is equitable assignment. The right
ARB. P. 180-2022 & 181-2022 Page ... letter of
subrogation-cum-assignment is executed, the assignment
is interlinked with subrogation, and not being an
assignment of a mere right to sue, will
Roger Shashoua & Others vs Mukesh Sharma & Others on 1 September, 2025
Author: Prathiba
