easy reference:
4. The question whether a document amounts to
an equitable assignment or not is primarily one of
construction but we may mention ... borrower under
certain contracts had the effect of an equitable
assignment of the funds. In Seth Loonkaran
Sethiya v. State Bank of Jaipur this court
Arf Sv 1 Sarl vs Suresh Tulsidas Bhatia on 1 April, 2024
Author: Bharati Dangre
plaintiff is to receive factored bill amounts,
amounts to creation of equitable assignment of the debt covered by
various factored bills raised by the original ... plaintiff, amounts to notice for such equitable assignment of the
debt. Moreover, in the transaction of supply of goods and payment
thereof, between the original
upon the property, and contract to assign thus becomes a complete equitable assignment. The decree not being in existence at the time of the transfer ... above enunciated, and the contract to assign having become a complete, equitable assignment of the decree.
26. The Judgement in Jugalkishore Saraf (supra) is inapplicable
Irrevocable Power of Attorney for
consideration, may amount to an equitable
assignment of the rights under the contract, by the
Grantor/Executant in favour
insurer. He has further stated regarding
the "Doctrine of Subrogation - Equitable assignment" of rights
and remedies of the assured as subrogation is based
servant or agents." Doctrine of
Subrogation is the "Equitable assignment" of rights and
remedies of the assured as Subrogation is based ... advantage he
may obtain over and above compensation for his loss.
Being equitable rights, it par-takes of all ordinary incidents
of such rights
held as follows :-
(F) Obligations Law - Subrogation -
Equitable right of subrogation - Accrual of and
its effects - Held, it arises by automatic
operation of law without ... such third party stand
transferred to an vested in insurer - Such
equitable assignment of rights and remedies of
insured in favour of insurer, implied
10191 of 2018)
12
itself sufficient to disentitle the plaintiff to an equitable relief.5 It is no
doubt true that suit for specific performance ... been
reversed by the appellate court without assigning proper and cogent reason
and the one assigned are at tangent or in other words contrary
equitable transfer does not relate back
to the prior agreement and does not render the transferee a transferee of
the decree by an assignment ... that extent
removing the distinction between an assignment pre the decree and an
assignment post the decree. Thus, what has been discussed even
