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august 1968

Supreme Court of India · 1968-08-07

BHARAT NIDHI LTD. vs TAKHATMAL & ORS.

Citation / case number
SC 1965/284
Court
Supreme Court of India
Petitioner
BHARAT NIDHI LTD.
Respondent
TAKHATMAL & ORS.
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that the irrevocable power of attorney and endorsement on the bill constituted an equitable assignment of future debts, allowing the appellant-Bank to receive payments due from M. The Court clarified that such an assignment is valid and creates an interest in the fund, distinguishing it from a revocable mandate. The appeal was allowed, reversing the High Court's dismissal and affirming the Bank's right to the funds attached by the first respondent.

BHARAT NIDHI LTD. vs TAKHATMAL & ORS. · Niyam