hypothecation, the surety was not entitled to claim the protection of S. 141 of the Contract Act.
8. As in hypothecation, the possession ... surety, coupled with the fact that in case of hypothecation, the possession over the security, i. e., the goods, does not remain with the creditor
also alleged in the plaint that the defendants are in possession of the hypothecated goods and the mortgaged property.
4. A written statement was filed ... sold by appointing a Receiver. According to the Bank, the possession of the hypothecated goods always remained with the defendants. The Bank denied that
requested the Court that a receiver be appointed to take into possession the hypothecated goods. It also requested that the defendant be restrained from dealing ... with, disposing of or parting with the possession of the hypothecated goods. If the hypothecated goods did not exist on the aforesaid dates, there
upon defendant-respondent No. 1 to deliver to the Bank the possession of hypothecated three-wheeler. The notice expressly disclosed that recourse to forcible seizure ... lock and key of the Bank whereas in case of hypothecation the possession of the goods remains with the owner of the property
whose benefit the pledge was made, and "hypotheca" (hypothecation) in which the possession of the thing pledged remained with the debtor, the obligation ... Bank must be deemed to have been placed in the possession of the property hypothecated to it. I would accordingly hold that the decision
claimed that it has followed due/proper procedure for possession of
hypothecated vehicle of the petitioner.
The only procedure which respondent No.6 appears ... application under
Section 9 of the Act and obtained possession of the hypothecated vehicle from
the petitioner's custody through a receiver, though this
entrustment' in an hypothecation?
Hypothecation is a mode of creating a security without delivery of title or
possession. Both ownership of the movable property ... over
the property by the hypothecatee (creditor) to the hypothecator (debtor) in an
hypothecation. When possession has remained with the debtor/owner and
when
entrustment' in an hypothecation?
Hypothecation is a mode of creating a security without delivery of title or
possession. Both ownership of the movable property ... over
the property by the hypothecatee (creditor) to the hypothecator (debtor) in an
hypothecation. When possession has remained with the debtor/owner and
when
supposed to be under the
constructive possession of the Bank by virtue of deed of
hypothecation under which the borrower is obliged to submit
regular ... possession of the Bank, but in the case of hypothecated goods
they are in actual possession of the borrower subject to the
restriction mentioned above
mortgaged
property, hypothecated and non-hypothecated assets. The petitioner, though,
challenged the action of respondent No. 1 for taking possession of the
aforesaid hypothecated, mortgaged ... hypothecation.
Thus, in view of the above, arguments raised by counsel for the
petitioner that non-hypothecated assets cannot be taken possession of by
respondent
