second defendant gave a receipt Exh. A-1 1 and letter of subrogation Exh. A-12 in favour of the plaintiff. Plaintiff brought the suit ... Section 79 of the Act deals with right of subrogation. Sub-section (1) deals with case of total loss, either of the whole
defendants having redeemed the mortgage evidenced by Ext. C had been subrogated to the position of the mortgagee under that document and that the present ... that they are not therefore entitled to invoke the principle of subrogation in their favour. In this view, the learned Judge held that the present
jointly to himself and the other co-mortgagors, the equitable doctrine of subrogation confers on him a right to reimburse himself for the amount spent ... applied to the facts of
this case. The rule of subrogation
does not enable the redeeming co-
mortgagor to claim to be the mortgagee
throws open the issue whether a subsequent
purchaser has a right to subrogate by redeeming the mortgaged
property if his vendor defaults--so that ... observe that Section 92 of the Act
recognises an equity principle: subrogation. Any of the persons
referred to in Section 91 (other than the mortgagor
elephant in full satisfaction of the claim. Ext.B2 is the subrogation deed. Ext.B3 is the insurance policy by which the elephant ... insured. The Tribunal found that since the claim was subrogated and third respondent insurance company has insured the vehicle also which was involved
consignor the sums covered by the Insurance Policies and took letters of subrogation, Exts. A8, A16 and A24. On the strength of those letters ... subrogation, the plaintiff has instituted the Suits for realisation of the money from the carriers. It is alternatively prayed that in case it is proved
mortgage deed in his favour, is entitled to get himself subrogated to the position of the prior mortgagee for the purpose of Section ... redeemed by Ext. P-3 release deed, on the principle of subrogation. This second appeal by the first defendant it directed against the concurrent decision
January, 2008
Judgment
Koshy,J.
Appellant, a surety, claims the benefits of subrogation
under section 92 of the Transfer of Properties Act, 1882 (in short ... Apart from issues relating to subrogation by
operation of law, effect of registration/non-registration of charges
with the Registrar of Companies under section
There upon second defendant gave a receipt Ext. A11 and letter of subrogation Ext. A12 in favour of the plaintiff. Plaintiff brought the suit seeking ... Section 79 of the Act deals with right of subrogation. Subsection (1) deals with case of total loss, either of the whole
claimant sustained injuries. In the
said case, applying the principles of subrogation, this Court
MACA No.848 of 2012
..7..
negatived the contention ... case, the crucial question of law
involved is nothing but law of subrogation. Before discussing
the law of subrogation, it is an undisputed fact that
