Supreme Court · 1964 INSC 154 · Decided 8 May 1964
Murarilal v. Dev Karan
- Court
- Supreme Court of India
- Citation
- 1964 INSC 154 · [1964] 8 S.C.R. 239
- Case number
- CIVIL APPEAL No. 484/1961
- Decided
- 8 May 1964
- Bench
- P.B. GAJENDRAGADKAR, M. HIDAYATULLAH, K.C. DAS GUPTA, J.C. SHAH, RAGHUBAR DAYAL (5-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act
Headnote
SUPREME COURT REPORTS 239 .Partnership Act, therefore, does not apply to him. He is not a partner of the finn and, therefore, he cannot be ad\uruca£ed insolvent for the acts of insolvency committed by respondents 2 and 3, ithe partners of the finn. The order of the High Court is correct. DAYAL, JJ.) Jlortgage-Clog on equity of rtdemption-Enforcet~bility-Principk tJ/ Justice, equity and good conscience-A.pplication-Power of Coun. The respoodent sought to redeem a mortgage e~etuted in the Sta~ of Alwar in 1919. By a stipulation in the mortgage deed the mortgagor aareed that if the
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