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february 1969

Supreme Court of India · 1969-02-13

STATE BANK OF INDIA vs GHAMANDI RAM (DEAD) THROUGH SHRI GURBAX RAI

Citation / case number
SC 1966/60369
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA
Respondent
GHAMANDI RAM (DEAD) THROUGH SHRI GURBAX RAI
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that a Hindu Joint family firm cannot be treated as a 'person' under the Pakistan notification, as it is a 'body of individuals not incorporated', thus the amount in the Bank was deemed evacuee property vested in the Custodian from March 1, 1947, under the Pakistan (Administration of Evacuee Property) Ordinance, 1949. The Court also established that the priority of voluntary versus involuntary assignments of debts is governed by the lex situs of the debt, affirming that the liability of the Bank to the firm was extinguished due to the involuntary assignment in favor of the Custodian. The High Court's decision was reversed, and the appeal was allowed.

STATE BANK OF INDIA vs GHAMANDI RAM (DEAD) THROUGH SHRI GURBAX RAI · Niyam