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
that the transaction entered into under the
document amounts to an equitable assignment of the
decree in favour of the Bank to the extent necessary
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 ... Equitable right of subrogation arises when the insurer
settles the claim of the assured, for the entire loss. When there
is an equitable subrogation
that the transaction
entered into under the document amounts to an equitable
assignment of the decree in favour of the Bank to the extent
necessary
A.J. Patel And Ors. vs The State Of Gujarat And Ors. on 18 April
Part has not assigned
the said land as security by becoming guarantor for anyone
nor assigned the same into any equitable mortgage ... Party of the Second
Part has given in writing / orally to assign any part thereof
to anyone nor executed any writing in the form
Part has not assigned
the said land as security by becoming guarantor for anyone
nor assigned the same into any equitable mortgage ... Party of the Second
Part has given in writing / orally to assign any part thereof
to anyone nor executed any writing in the form
provision of Specific Relief Act , more
particularly, relief sought for being equitable in nature, no
directions can be issued against the defendant to enter into ... execute the sale deed. With the aforesaid findings and reasons
assigned, the learned Judge has proceeded to dismiss the suit
thereby refusing the relief
plaintiff cannot be disturbed
when it was assigned in favour of the plaintiff equitable
doctrine of part performance.
3) AIR 2010 SC 1654 between
advocate has further contended that the
reasons have also not been properly assigned while
passing an award and, therefore, the petition
Page ... proper reasons are also assigned.
Furthermore, looking to the relief which has been
granted, the equitable consideration of both the
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