Transfer Of Property Act, 1882 Lectures On Mortgage PDF

MORTGAGE – SECTION 58 (a)...  Definition: Mortgage is transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt or the performance of an engagement which ma...

MORTGAGE – SECTION 58 (a)...  Definition: Mortgage is transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt or the performance of an engagement which may give rise to a pecuniary liability....MORTGAGE – SECTION 58 (a)...  Parties – Mortgagor and Mortgagee;  Subject Matter – Specific Immovable Property;  Consideration – Loan, Debt or Performance of Contract having financial implication;  Effect – Transfer of Interest for providing Security....MORTGAGE – SECTION 58 (a)...  Mortgage Money is the principal money and interest thereon.  Mortgage Deed is the instrument by which mortgage is effected....MORTGAGE – SECTION 58...  Kinds of Mortgages: [SCUETA]  Simple Mortgage [Section 58 (b)];  Mortgage by Conditional Sale [Section 58 (c)];  Usufructuary Mortgage [Section 58 (d)];  English Mortgage [Section 58 (e)];  Mortgage by Deposit of Title Deeds/Equitable Mortgage [Section 58 (f)];  Anomalous Mortgage [Section 58 (g)].  MORTGAGE – SECTION 58 (b)... Where: (i) possession of the mortgaged property is not given to the mortgagee; and (ii) the mortgagor: (1) binds himself personally to pay the mortgage money; and (2) agrees, expressly or impliedly, that in the event of failure to pay according to the contract, the mortgagee shall be entitled to cause the mortgage property to be sold (by the court) and the sale proceeds shall be applied in payment of the mortgage money; the transaction is called Simple Mortgage....MORTGAGE – SECTION 58 (b)...  Characteristics of Simple Mortgage:  Parties – Simple Mortgagor and Simple Mortgagee.  No delivery of Possession.  Personal Undertaking to repay.  Mortgagee can cause property to be sold with the intervention of the court....MORTGAGE – SECTION 58 (b)  Remedies available to the Mortgagee:  Right of Sale; and/or  Right to sue for the Mortgage Money.  MORTGAGE – SECTION 58 (c)... Where: the mortgagor ostensibly sells the mortgaged property on the condition that, (i) on default of payment of the mortgage money on a certain date the sale shall become absolute; or (ii) on such payment being made, the sale shall become void; or (iii) on such payment being made, the buyer shall transfer the property to the seller; the transaction is called Mortgage by Conditional Sale....MORTGAGE – SECTION 58 (c)...  Characteristics of Mortgage by Conditional Sale:  Parties – Mortgagor by Conditional Sale and Mortgagee by Conditional Sale.  Ostensible Sale.  There must be a condition.  Condition must be embodied in the contract....MORTGAGE – SECTION 58 (c)  Remedies available to the Mortgagee:  Right of Foreclosure.  MORTGAGE – SECTION 58 (d)... Where the mortgagor: (i) delivers possession, or expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee; and (ii) authorizes the mortgagee to: (1) retain such possession until payment of the mortgage money; and (2) receive such rents and profits accruing from the property; and (3) appropriate the same in lieu of interest/payment of mortgage money/partly for both; the transaction is called Usufructuary Mortgage....MORTGAGE – SECTION 58 (d)...  Characteristics of Usufructuary Mortgage:  Parties – Usufructuary Mortgagor and Usufructuary Mortgagee.  Delivery of possession – personal liability.  Income generating property.  Mortgagee entitled to rents and profits....MORTGAGE – SECTION 58 (d)  Remedies available to the Mortgagee:  Right to recover Possession.  Right to retain Possession and enjoy rents and profits.  May sue to obtain Possession and also mesne profits and only in certain cases, sue for mortgage money.  In the absence of contract to the contrary, in case of accession at expense of mortgagee, profits from the accession are to be set off against interest, if any, payable on the money spent.  MORTGAGE – SECTION 58 (e)... Where the mortgagor: (i) binds himself to repay the money on a certain date; and (ii) transfers the property absolutely to the mortgagee, but subject to a proviso that he will re-transfer the property to the mortgagor upon payment of the mortgage money as agreed; the transaction is called English Mortgage....MORTGAGE – SECTION 58 (e)...  Characteristics of English Mortgage:  Parties – English Mortgagor and English Mortgagee.  Personal Undertaking to repay.  Absolute transfer of property, subject to proviso.  Re-conveyance/re-transfer....MORTGAGE – SECTION 58 (e)...  Absolute Transfer: Ram Kinkar Banerjee vs Satya Charan Srimani [(1939) 41 BOM L. R. 672] It was held that definition of English Mortgage under Section 58 (e) must be read subject to definition of Mortgage under Section 58 (a) – transfer absolutely with proviso to re-transfer....MORTGAGE – SECTION 58 (e)  Remedies available to the Mortgagee:  Right of Sale – In certain cases, without intervention of court; and/or  Right to sue for the Mortgage Money.  MORTGAGE – SECTION 58 (f)... Where a person: (i) in the towns of Calcutta, Madras and Bombay, and in any other town which the State Government concerned may, by notification in the Official Gazette, specify in this behalf; (ii) delivers to a creditor or his agent, documents of title to immovable property; (iii) with intent to create security thereon; the transaction is called Mortgage by deposit of title deeds. In England it is called Equitable Mortgage....MORTGAGE – SECTION 58 (f)...  Characteristics of Mortgage by deposit of title deeds:  Parties – Mortgagor by deposit of title deeds and Mortgagee by deposit of title deeds.  Can be created only in specified towns/cities, although property situated outside.  No delivery of possession, only deposit of title deeds – with intent to create security.  Made to secure a debt or advance.  Personal Undertaking to repay....MORTGAGE – SECTION 58 (f)  Remedies available to the Mortgagee:  Right of Sale; and/or  Right to sue for the Mortgage Money.  MORTGAGE – SECTION 58 (g)... A mortgage which is not: (i) Simple Mortgage; (ii) Mortgage by Conditional Sale; (iii) Usufructuary Mortgage; (iv) English Mortgage; (v) Mortgage by Deposit of Title Deeds; is called an Anomalous Mortgage....MORTGAGE – SECTION 58 (g)...  Characteristics of Anomalous Mortgage:  Parties – Anomalous Mortgagor and Anomalous Mortgagee.  Combination of two or more mortgages.  Possession may or may not be delivered.  Transfer is complete on execution of mortgage deed and if no mortgage deed, then upon delivery of possession....MORTGAGE – SECTION 58 (g)  Remedies available to the Mortgagee:  Rights based on the contract and failing that by local usage, such as  Right of Sale;  Right of Foreclosure;  Right to possession;  Right to sue for Mortgage Money.  MORTGAGE – SECTION 59  How is a mortgage effected?/How is a mortgage made?/Mortgage by assurance?  Principal Money secured is INR 100 or more – Registered Instrument signed by Mortgagor and attested by 2 witnesses, except Equitable Mortgage (1st April, 2013);  Principal Money secured is less than INR 100 – Registered Instrument signed by Mortgagor and attested by 2 witnesses or except for Simple Mortgage, by mere delivery of possession.  SUB-MORTGAGE  Mortgage debt is an immovable property and therefore mortgagee is entitled to assign his interest in the mortgaged property.  Mortgage created by mortgagee is called sub-mortgage.  A --- to --- B --- to --- C.  PUISNE MORTGAGE  Mortgagor creates multiple mortgages on the same property.  A --- to --- B  A --- to --- C  A --- to --- D  RIGHTS OF MORTGAGOR...  Redemption [Section 60];  Transfer to third party, instead of re-transfer to mortgagor [Section 60 – A];  Inspection and production of documents [Section 60 – B];  Redeem separately or simultaneously [Section 61];  Recover possession [Section 62];  Accession [Section 63];  Renewal of mortgaged lease [Section 64];  Grant lease [Section 65 – A];  Reasonable Waste [Section 66] REDEMPTION [SECTION 60]...  What is Redemption? At any time after the principal money has become due and upon payment or tender of the mortgage- money, the mortgagor has the right to: (i) get back his property; and (ii) demand: (a) the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee; (b) delivery of possession of the mortgaged property [where mortgagee is in possession]; and (c) re-transfer of the property [at mortgagor’s cost] or a written acknowledgment of the extinction of the mortgagee’s right....REDEMPTION [SECTION 60]...  When is the right available?  At any time after the principal money has become due.  Provided that the mortgage money is paid or tendered at the proper time and place, to the mortgagee or his agent.  Redemption and foreclosure are co- extensive....REDEMPTION [SECTION 60 & SECTION 83]...  How can the right of redemption be exercised?  By simple delivery of money or payment or tendering of mortgage money to the mortgagee;  By depositing the amount due on the mortgage in court; or  By filing a regular suit for redemption....REDEMPTION [SECTION 91]...  Who can exercise the right to redeem?  Mortgagor;  any person who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same [Puisne Mortgagee];  any surety for the payment of the mortgage- debt or any part thereof;  any creditor of the mortgagor who has obtained a decree for sale of the mortgaged property....REDEMPTION [SECTION 60]...  When does the right to redeem extinguish?  Act of Parties – Sale by mortgagor;  Decree of Court – Property is sold by order of the court or a decree of foreclosure is passed; or  Law of Limitation – 30 years....REDEMPTION [SECTION 60]...  Effect of redemption?  Delivery of mortgage deed and title documents;  Possession;  Re-transfer or re-conveyance or acknowledgement;  Other rights – accession, improvements, renewed mortgage lease, etc....REDEMPTION [SECTION 60]...  The right is called a right to redeem and a suit to enforce it is called a suit for redemption. This is the most important right of the mortgagor.  On payment or tender of mortgage money, at a proper place and proper time and to proper person.  Mortgagor can get back his property, contemporaneously with discharge of his obligations.  Redemption involves re-transfer of the interest and delivery of possession.  It is a statutory and indefeasible right, which cannot be fettered by any condition. Any such condition which impedes or prevents redemption is void and amounts to Clog.  CLOG ON REDEMPTION...  What may amount to Clog?  An agreement which imposes an unconscionable or oppressive bargain.  Any impediment on redemption.  Any collateral benefit given to the mortgagee or collateral burden imposed upon the mortgagor, which is expected to continue even after discharge of the debt and redemption of the mortgaged property....CLOG ON REDEMPTION... “Once a mortgage always a mortgage”:  Redemption is a natural incident of a mortgage and cannot be detached from the mortgage.  Any direct attempt or agreement which prevents redemption is null and void.  Notwithstanding any stipulation to the contrary, at any time after principal money has become payable and before foreclosure, on payment of debt, the mortgagor has a right to get back the property, free from all conditions and liens....CLOG ON REDEMPTION...  Illustrative Cases of Clog:  Condition of sale in default.  Long term for redemption:  Fateh Muhammad vs Ram Dayal [AIR 1927 Oudh 22] – 200 years was oppressive – clog;  Seth Gangadhar vs Shankarlal & Ors. [AIR 1958 SC 773] – 85 years – not clog in the circumstances of the case;  Sangar Dhula vs Shah Laxmiben Tejshi & Ors. [AIR 2001 Guj 329 (FB)] – 99 years – clog.  Stipulation barring mortgagor’s right of redemption after certain period....CLOG ON REDEMPTION...  Condition postponing redemption in case of default:  Mohammad Sher Khan vs Raja Seth Swami Dayal [AIR 1922 PC 17] – if mortgage not redeemed on due date after 5 years, mortgagee shall continue in possession for 12 years, without right of redemption.  Restraint on alienation.  Restricted to mortgagor.  Penalty in case of default....CLOG ON REDEMPTION  Collateral Advantage/Disadvantage:  Noakes vs Rice [(1902) A. C. 24]  Kreglinger vs New Pantagonia Meat Co. [(1914) A. C. 25] – Collateral benefit does not cease to operate if it is not:  unfair;  in the nature of a penalty clogging redemption;  Inconsistent with or repugnant to the right to redeem....REDEMPTION [SECTION 60]...  Partial redemption: Mortgage is one and indivisible – to be redeemed in entirety, except when:  Terms of the mortgage deed permit partial redemption;  Co-mortgagors have distinct and separate interests;  Mortgagee recognises partition of mortgaged property amongst the co- mortgagors;  Mortgagee himself acquires portion of the mortgaged property....RIGHTS OF MORTGAGOR...  Transfer to 3rd Party [Section 60 A]:  On redemption;  Assign mortgage debt and transfer of property;  Not applicable to Usufructuary Mortgage....RIGHTS OF MORTGAGOR...  Inspection and production of documents [Section 60 B]:  Right of redemption subsists;  Costs....RIGHTS OF MORTGAGOR...  Redeem separately or simultaneously [Section 61]:  2 or more mortgages in favour of same mortgagee;  Absence of contract to the contrary;  Redeem any one mortgage separately or 2 or more mortgages together....RIGHTS OF MORTGAGOR...  Recover possession [Section 62]:  Usufructuary Mortgage;  Upon mortgage money being paid....RIGHTS OF MORTGAGOR...  Accession / Improvement [Section 63 & Section 63 A]:  Absence of contract to the contrary;  Mortgagee in possession;  Increase follows principal;  Natural or Artificial/Man-made;  Artificial – Separable or Inseparable;  Inseparable – on redemption – pay cost + interest @ 9% p.a., if necessary to preserve from destruction, forfeiture or sale OR in compliance with a lawful order OR with consent....RIGHTS OF MORTGAGOR...  Renewal of mortgaged lease [Section 64]:  Absence of contract to the contrary;  Mortgagee renews lease;  On redemption get benefit of the new lease.  Grant lease [Section 65 A]:  Absence of contract to the contrary;  Mortgagor in possession can grant lease subject to conditions – ordinary course, local law/custom, best rent, no premium, no renewal, building – 3 years + re-entry....RIGHTS OF MORTGAGOR  Reasonable Waste [Section 66]:  Mortgagor in possession not liable for deterioration;  Not commit act which is destructive or permanently injurious, to render the security insufficient;  Not insufficient if property exceeds one-third and building exceeds ½ of amount due on mortgage.  LIABILITIES OF MORTGAGOR [SECTION 65]  Implied Contracts by Mortgagor – in the absence of contract to the contrary:  Covenant for title;  Defend title;  Pay public charges – if mortgagee not in possession;  Perform conditions of the lease – if mortgagee not in possession;  Discharge prior mortgages. All these rights are annexed to the mortgaged property and not personal to the mortgagee.  RIGHTS OF MORTGAGEE...  Foreclosure or Sale [Section 67];  Sue for mortgage money [Section 68];  Power of Sale [Section 69];  Appointment of Receiver [Section 69 A];  Accession [Section 70];  Renewal of mortgaged lease [Section 71];  Spend money [Section 72];  Proceeds of revenue sale or compensation or acquisition [Section 73]....RIGHTS OF MORTGAGEE...  Foreclosure or Sale [Section 67]:  Absence of contract to the contrary;  After mortgage money is due and before redemption;  Suit for foreclosure – decree of court to debar mortgagor from redemption or for sale;  Mortgagor acting as trustee of mortgagee not entitled to foreclose;  Mortgagee of public works not entitled to institute suit for foreclosure/sale;  No partial foreclosure/sale, unless mortgagees have, with consent of mortgagor, severed their interests....RIGHTS OF MORTGAGEE...  Sue for mortgage money [Section 68]:  Personal binding to repay – Simple Mortgage, English Mortgage or if covenant expressly contained in the mortgage deed;  Property is wholly or partially destroyed without fault of either party + reasonable opportunity for further security;  Deprivation wholly or partially, due to wrongful act of mortgagor;  Failure to deliver possession....RIGHTS OF MORTGAGEE...  Power of Sale without intervention of Court [Section 69]:  English Mortgage – neither party is Hindu, Muslim or Buddhist or other race, sect, tribe or class notified in Official Gazette;  Mortgagee is Government + expressly conferred in mortgage deed;  Property (or part) situated in Presidency Towns or areas notified on execution date + expressly conferred in mortgage deed;...POWER OF SALE  Power to sell can be exercised only:  after written notice served and default in payment of principal money for 3 months after service of notice; or  interest of not less than INR 500/- remains unpaid for 3 months after due date.  Absolute protection to purchaser;  Purchase money – discharge prior encumbrances, pay costs incurred for sale, discharge of mortgage money and surplus pay to person entitled to mortgaged property....RIGHTS OF MORTGAGEE...  Appointment of Receiver [Section 69 A]:  Mortgagee having power to sell u/s 69, has right to appoint receiver, in writing, of income – absence of contract to the contrary;  Appointment – nominated in mortgage deed or by mortgagee with consent of mortgagor or by order of the Court on application by mortgagee.  Removal – writing signed by parties or by order of the Court on application by either party....RECEIVER...  Receiver deemed to be agent of mortgagor, though appointed by mortgagee – powers continue despite death – not subject to control of mortgagor in management of property;  Powers of Receiver – demand and recover income, valid receipts, any other power delegated by mortgagee;  Payment to Receiver – No inquiry – discharge;...RECEIVER  Remuneration – Commission of maximum 5% of gross amount received or as fixed by the court;  Receiver shall insure property upon request of mortgagee;  Application of money:  discharge rents, outgoings, land revenue and taxes;  pay annual amounts and interest on prior mortgages;  Commission and insurance premium;  Interest;  Principal money;  Residue to person entitled to receive income....RIGHTS OF MORTGAGEE...  Accession [Section 70]:  Absence of contract to the contrary;  Accession during mortgage available as security.  Renewal of mortgaged lease [Section 71]:  Absence of contract to the contrary;  Mortgagor renews lease – available as security....RIGHTS OF MORTGAGEE...  Spend money [Section 72]:  Absence of contract to the contrary;  Mortgagee in possession may spend money to, if mortgagor has failed:  Save property from destruction;  Support mortgagor’s title;  Make own title good;  Renewal of lease; and  Insurance premium [fire].  Add to principal amount [+ interest @ 9% p.a.]....RIGHTS OF MORTGAGEE...  Proceeds of revenue sale or compensation or acquisition [Section 73]:  Doctrine of substituted security:  Property or part thereof or interest therein are sold due to failure of payment of public charges, arrears of revenue or rent – no default of mortgagee;  Mortgagee entitled to claim mortgage money from surplus of sale proceeds, compensation from land acquisition....RIGHTS OF MORTGAGEE  Rights of mesne mortgagees [Section 94]:  Several mortgages on same property in favour of different mortgagees;  Mesne mortgagee has same right against posterior mortgagees as against mortgagor;  Redeem upwards, foreclosure downwards.  LIABILITIES OF MORTGAGEE [SECTION 76]  Mortgagee in possession, during subsistence of mortgage, shall:  Manage property like own;  Collect rents and profits;  In absence of contract to the contrary, pay Government revenue;  In absence of contract to the contrary, carry out necessary repairs in certain circumstances;  Not commit waste;  Apply insurance money in reinstatement;  Keep proper accounts;  Apply income to discharge interest;  Account for gross receipts.  PRIORITY...  “Qui Prior Est Tempore Potior Est Jure”  First exception to the Rule of Priority [Section 78]:  Fraud, misrepresentation, gross negligence of prior mortgagee – Lloyds Bank vs P. E. Guzdar & Co.;  Induced to advance money on security of mortgaged property;  Postpone to subsequent mortgagee....PRIORITY  Second exception to the Rule of Priority [Section 79] – Tacking:  Secure future advances;  Maximum amount fixed;  Prior notice of mortgage;  Postpone to the extent of maximum amount.  Tacking prohibited in India [Section 93]. MARSHALLING [SECTION 81]... (X) (X) A (Y) B A (Y) B (Z) A (Y) C A (X) C (Z) A (X) D A (Y) D...MARSHALLING [SECTION 81]  Absence of contract to the contrary;  Owner mortgages two or more properties to one person;  One or more of these to another person;  Subsequent mortgagee entitled to ask prior mortgagee to satisfy debt from property not mortgaged to subsequent mortgagee;  No prejudice to prior mortgagee or third party acquiring interest for consideration. CONTRIBUTION [SECTION 82]...  Absence of contract to the contrary;  Contribution by persons:  Property belongs to two or more persons: A – 1/3 B – 2/3 A and B create mortgage for INR 3,00,000/-  Parties contribute rateably: A – INR 1,00,000/- B – INR 2,00,000/-...CONTRIBUTION [SECTION 82]  Contribution from properties:  Two or more properties are mortgaged by A;  Both properties are valued at INR 500/- each;  If auctioned, contribution is rateable after deduction from value, the amount due on any previous mortgage; A (X) B INR 200/- A (X & Y) C INR 400/- X 500 – 200 = 300/- Y = 500/-  Ratio for payment of debt of INR 400/- to C, will be 3:5;  X will contribute INR 150/- and Y will contribute INR 250/-  SUBROGATION  Replacement:  Legal subrogation – by operation of law [Section 91];  Conventional subrogation – by registered instrument [Section 92];  Any person having right to redeem, (except mortgagor) shall upon redemption, have same rights as those that the mortgagee who has been redeemed had, against the mortgagor;  Redemption, foreclosure and sale.  CHARGE [SECTION 100]...  Definition: Where immovable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to mortgage, the latter person is said to have a charge on the property....CHARGE [SECTION 100]...  Characteristics:  Oral or written;  Person is called charge holder;  Property is made security like mortgage – no transfer only right to have claim satisfied out of property;  All provisions of Simple Mortgage apply;  Exception – Section 100 is not applicable to charge of trustee on trust property....CHARGE [SECTION 100]  No charge shall be enforced against property in the hands of person to whom it is transferred for consideration, without notice of charge.  Charge cannot be created on future contingency but it can be created on future property is valid.  Enforce – suit for sale.  Extinguish – act of parties – novation; merger; release of debt/security.  CASE LAWS ON MORTGAGE AND CHARGE...  Anaji Thamaji Patil vs Ragho Bhivraj Patil And Anr. [1972 (74) Bom L. R. 666]  Adiveppa Channappa Kittur vs Rachappa Balappa Hosmane [1948 (50) Bom L. R. 30]  Rana Sheo Ambar Singh vs Allahabad Bank Ltd. [AIR 1961 SC 1790]  Trade Well vs Indian Bank [2007 Cri L. J. 2544]  Mathai Mathai vs Joseph Mary & Ors. [AIR 2014 SC 2277]...CASE LAWS ON MORTGAGE AND CHARGE...  Ganpati Babji Alamwar vs Digambarrao Venkatrao Bhadke [2019 (8) SCC 651]  Vikram Dhondu Awhale vs Dashrath Kacharu Kakde [2005 (2) Mh. L. J. 507]  Shivram Bhika Bodkhe & Ors. vs Sadashiv Laxman Sanap [AIR 2007 Bom 162]  Vidhyadhar vs Manikrao & Anr. [AIR 1999 SC 1441]  Global Trust Bank Ltd. vs Killick Nixon Ltd. [2005 128 Comp Cas 1007 Bom]...CASE LAWS ON MORTGAGE AND CHARGE...  Raj Kishore vs Prem Singh & Ors. [2011 (1) SCC 657]  State Of Haryana & Ors. vs Navir Singh & Anr. [2014 (1) SCC 105]  K. J. Nathan vs S. V. Maruty Reddy & Ors. [AIR 1965 SC 430]  Jagan Nath vs Jagdish Rai & Ors. [AIR 1998 SC 2028]  Harbans v. Om Prakash [AIR 2006 SC 686]...CASE LAWS ON MORTGAGE AND CHARGE...  Sardar Govindrao Mahadik & Anr. vs Devi Sahai & Ors. [AIR 1982 SC 989]  Jadavji Purshottam vs Dhami Navnitbhai Amaratlal & Ors. [AIR 1987 SC 2146]  Sumikin Bussan vs Manharlal Trikamdas Mody [2006 (4) Bom C.R. 131]  Govindan Nair vs Abraham [2002 (2) KLJ 604]  Singh Ram vs Sheo Ram [2014 (9) SCC 185]  Indian Bank vs PNB [AIR 2010 Mad 84 (DB]...CASE LAWS ON MORTGAGE AND CHARGE  Pomal Kanji Govindji & Ors. vs Vrajlal Karsandas Purohit & Ors. [AIR 1989 SC 436]  L.K. Trust Vs EDC Ltd. & Ors. [AIR 2011 SC 2060]  The Podar Mills Limited vs State Bank of India & Ors. [AIR 1992 Bom 277]  Damodar Moreshwar Phadke vs Radhabai Damodar Ranade [1938 (40) BOM L. R. 1266]  Nathan Lal vs Durga Das [AIR 1931 All 62]  State of Karnataka vs Shreyas Papers Pvt. Ltd. [AIR 2006 SC 865]