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In Bharat Nidhi Ltd. v. Takhatmal (decided in 1968), the Supreme Court considered whether documents…

Bharat Nidhi Ltd. v. Takhatmal concerned assignment of a debt due under a bill. Section 130 of the Transfer of Property Act, 1882 concerns transfer of actionable claims.

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In Bharat Nidhi Ltd. v. Takhatmal (decided in 1968), the Supreme Court considered whether documents assigned money due under a bill. Which topic of the Transfer of Property Act, 1882 does this issue illustrate?

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Answer and explanation

Correct answer A

Bharat Nidhi Ltd. v. Takhatmal concerned assignment of a debt due under a bill. Section 130 of the Transfer of Property Act, 1882 concerns transfer of actionable claims.

Option feedback

Option A

The assigned right to payment is the debt claim at issue in the judgment.

Option B

Section 41 concerns a transfer by an ostensible owner, distinct from the assignment issue.

Option C

Section 35 concerns election, distinct from whether the documents assigned the debt.

Option D

Section 3 defines notice, but the Court’s central question concerned assignment.

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