Supreme Court · 1960 INSC 101 · Decided 4 May 1960
The Vanguard Fire and General Insurance CO. LTD., Madras v. M/S. Fraser and Ross and ANOTHER.
- Court
- Supreme Court of India
- Citation
- 1960 INSC 101 · [1960] 3 S.C.R. 857
- Case number
- CIVIL APPEAL No. 21/1960
- Decided
- 4 May 1960
- Bench
- P.B. GAJENDRAGADKAR, K.N. WANCHOO, K.C. DAS GUPTA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
S.C.R. SUPREME COURT REPORTS 857 decision is well founded. The propositions in question r96o treated an alienation made for the payment of the Luhar Amritlal father:'s antecedent debt on the same footing as an Nagji alienation made in execution of a decree passed against v. him and in both cases knowledge of the alienee. Having regard to the broad language used in stating the two proposi- tions, we do not think that a valid distinction could be made between a mortgage and a sale particularly after the decision of the Privy Council in the case of Brij Narain (1). That is the view taken by
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