Supreme Court of India

Jugalkishore Saraf v. Raw Cotton Co. Ltd.

Neutral citation
Bench S. R. Das, Bhagwati and Imam JJ.
Decided 7 March 1955

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

The result, therefore, is that this appeal must be dismissed with costs.

Judgment, p. 1406 (Das J.); see also p. 1425 (Bhagwati J.: "The appeal accordingly fails and is dismissed with costs.")

From the headnote

Code of Civil Procedure (Act V of 1908), s. 146; Order XXI, rule 16—Debt transferred pending suit thereon—Decree not mentioned in deed—Execution of decree—Application by transferee—Applicability of Order XXI, rule 16 and s. 146—Equitable principles—Transfer of Property Act (IV of 1882), ss. 3, 5, 8 and 130. H & S filed a suit against the appellant for recovery of money and during the pendency of the suit a document was executed on the 7th February, 1949, whereby H & S transferred to the respondents all book and other debts due to them together with all securities for the debts and all other property to which they were entitled in connection with their business in Bombay.

Authorities it was built on

  • Purmananddas Jivandas v. Vallabdas Wallji
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  • Basroovittil Bhandari v. Ramchandra Kamthi
  • Mathurapore Zamindary Co. Ltd. v. Bhasaram Mandal
  • Performing Right Society v. London Theatre of Varieties

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