The Revival of Ray LXXII

Posted on by Rudrajyoti Nath Ray

Two-Judge Bench of Mathew Varghese v. M. Amritha Kumar, (2014) 5 SCC 610 has heavily relied on Three-­Judge Bench of Narandas Karsondas v. S.A. Kamtam, (1977) 3 SCC 247. Court held, there was no reason as to why general principle laid down in Narandas Karsondas, with reference to Section 60 of The Transfer of Property Act, 1882, could not have application in respect of a secured interest in a secured asset created in favour of a secured creditor. It has been held, said principles will apply on all fours in respect of a transaction under provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

– Hon’ble Justice B.R. Gavai, S. Karthik v. N. Subhash Chand Jain, [Civil Appeal Nos. 5920-5923 of 2021].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.