Supreme Court · 1994 INSC 605 · Decided 14 December 1994
State Bank of Bikaner and Jaipur v. National Iron and Steel Rolling Corporation and ORS.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 605 · [1994] SUPP. 6 S.C.R. 566
- Case number
- CIVIL APPEAL No. 9161/1994
- Decided
- 14 December 1994
- Bench
- S.C. AGRAWAL, FAIZAN UDDIN, SUJATA V. MANOHAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 58, 100
Headnote
Rajasthan Sales Tax Act, 1954: Section 11-AAAA-Dealer-Liability to pay tax-Creation of first charge on the property of dealer-Effect on existing mortgage of dealer's property-Held charge operates on the entire property of dealer including interest of mortgage therein-Charge will mortgage. Transfer of Property Act, 1882: Sections 58 and 100---'Charge'. 'Mortgage '-What is_...:.Distinction between 'charge' and 'mortgage' discussed The respondent-Corporation mortgaged its factory and pledged the plant and machinery installed in the factory premises with the
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