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    <title>2015 (11) TMI 1718 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=196021</link>
    <description>Nazul land governed by the Government Grants Act, 1895 and the Nazul Rules could not be validly mortgaged without prior sanction of the lessor and the State. Because no such sanction was obtained and the bank did not verify title or secure State consent, the mortgage was void ab initio and created no enforceable right. A decree and auction proceedings founded on that invalid mortgage, and obtained without impleading the State as paramount title holder, could not bind the State. Legitimate expectation was inapplicable because there was no recognised legal relationship with the State and the claim rested on an invalid mortgage. The bank therefore had no right to seek conversion of the land into freehold, and the State&#039;s resumption notice was upheld.</description>
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    <pubDate>Thu, 26 Nov 2015 00:00:00 +0530</pubDate>
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      <title>2015 (11) TMI 1718 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=196021</link>
      <description>Nazul land governed by the Government Grants Act, 1895 and the Nazul Rules could not be validly mortgaged without prior sanction of the lessor and the State. Because no such sanction was obtained and the bank did not verify title or secure State consent, the mortgage was void ab initio and created no enforceable right. A decree and auction proceedings founded on that invalid mortgage, and obtained without impleading the State as paramount title holder, could not bind the State. Legitimate expectation was inapplicable because there was no recognised legal relationship with the State and the claim rested on an invalid mortgage. The bank therefore had no right to seek conversion of the land into freehold, and the State&#039;s resumption notice was upheld.</description>
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      <pubDate>Thu, 26 Nov 2015 00:00:00 +0530</pubDate>
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