Supreme Court of India

Haryana Financial Corporation v. Gurcharan Singh & Anr.

Neutral citation
Reported as [2013] 12 S.C.R. 832
Bench K.S. Radhakrishnan and C. Nagappan JJ.
Decided 13 December 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In the result, the appeal fails and is accordingly dismissed.

Judgment, page 12

From the headnote

Transfer of Property Act, 1882: c s.100 r!w s.59 - Charges - Undertaking given against loan that properties mentioned therein shall not be disposed of during the currency of the loan - Documents not registered - Held: conjoint reading of s.100 with s.59 makes it clear that if by act of parties, any immovable property is made 0 security for the payment of money to another and it does not amount to mortgage, then all the provisions which apply to a simple mortgage, as far as may be, apply to such charge - Consequently, in view of s. 59, when there is a mortgage other than a mortgage by deposit

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