creditor, will create a valid equitable charge upon such fund, in other words, will operate as an equitable assignment of the debts or fund ... equitable mortgage and nothing more. The equitable mortgage, as such, does not help the Bank to claim a charge or equitable assignment in regard
creditor, will create a valid equitable charge upon such fund, in other words, will operate as an equitable assignment of the debts or fund ... equitable mortgage and nothing more. The equitable mortgage, as such, does not help the bank to claim a charge or equitable assignment in regard
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
forward with the plea that the plaintiff had assigned the copy-right though no such assignment had been made by the plaintiff either orally ... History of Karnataka" to the defendant and whether there is equitable assignment of the same in favour of the defendant?
2. Whether the suit
part of the question as to whether Ext. P-10 was validly assigned by Parasuram in favour of the Bank. We may, however ... Bank at best could claim it by way of an equitable assignment. The Bank in order to sue upon it, must prove such assignment with
Attorney in question is to be treated as creating an equitable assignment of rents, it will require registration and if not registered will be void ... Agent to perform the acts stated therein. That is not an equitable assignment".
11. The defendant in the instant case, does not claim exclusive
Irrevocable power of attorney for consideration, may amount to an equitable assignment of the rights under the contract, by the Grantor/Executant in favour
asserted
that Ex. P.5 was not speculative, but an equitable
assignment of rights in a decree supported by consideration
reciprocal promises and signatures ... legally inoperative. The respondent
Nos. 1 to 3 reliance on the equitable assignment is
misplaced. An assignment of "a future decree", based
Power of attorney simpliciter authorising execution of acts does not create equitable assignment - Unless agency coupled with interest in favour of agent created or recognised ... irrevocable though called so - Assignment of debt does not require registration, assignment of rents requires registration - Power of attorney creating equitable assignment of rents
ation. If
_ .t1:Le_ pf Question is to be
an _' equitable assignment
'of registration and if not
3 void anti unenforceable ... Agent to perform the acts
stated thezein. That is not an equitable
assigmnent."
38
The last case is with reference to sections
