In Bharat Nidhi Ltd. v. Takhatmal (1968), the Supreme Court examined whether a power of attorney and a…
The Court held that the power of attorney and endorsement together effected an equitable assignment of the bill proceeds. It discussed section 130 of the Transfer of…
Choose your answer
In Bharat Nidhi Ltd. v. Takhatmal (1968), the Supreme Court examined whether a power of attorney and a bill endorsement equitably assigned money due under the bill. Which Transfer of Property Act topic did the Court discuss in that connection?
Answer and explanation
Correct answer A
The Court held that the power of attorney and endorsement together effected an equitable assignment of the bill proceeds.
It discussed section 130 of the Transfer of Property Act, 1882, which governs transfer of actionable claims, and explained that equitable assignment can operate independently of that section.
Option feedback
Option A
The Court discussed section 130 when explaining the transfer and equitable assignment of an actionable claim.
Option B
Section 41 concerns transfers by ostensible owners, which was not the issue before the Court.
Option C
Section 35 concerns election between inconsistent claims under a transfer, which was not the issue before the Court.
Option D
The definition of notice in section 3 was not the issue decided.
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