<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1959 (10) TMI 37 - ANDHRA PRADESH HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=197636</link>
    <description>A pledgee&#039;s power of sale remains subject to the mandatory requirement of reasonable notice under Section 176, and a contractual term cannot waive that statutory protection; the sale was therefore not upheld on the basis of waiver. Where the plaintiff was shown to be executrix under a will, she could not disregard the will and sue as heir as on intestacy, and probate was necessary where applicable to establish her title to sue. A bare suit for declaration and injunction was not the proper form of relief for an alleged wrongful sale of pledged shares, the appropriate remedies being redemption or damages for conversion; the suit as framed was held not maintainable.</description>
    <language>en-us</language>
    <pubDate>Sat, 17 Oct 1959 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 11 Jan 2018 13:03:39 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=504045" rel="self" type="application/rss+xml"/>
    <item>
      <title>1959 (10) TMI 37 - ANDHRA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197636</link>
      <description>A pledgee&#039;s power of sale remains subject to the mandatory requirement of reasonable notice under Section 176, and a contractual term cannot waive that statutory protection; the sale was therefore not upheld on the basis of waiver. Where the plaintiff was shown to be executrix under a will, she could not disregard the will and sue as heir as on intestacy, and probate was necessary where applicable to establish her title to sue. A bare suit for declaration and injunction was not the proper form of relief for an alleged wrongful sale of pledged shares, the appropriate remedies being redemption or damages for conversion; the suit as framed was held not maintainable.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Sat, 17 Oct 1959 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=197636</guid>
    </item>
  </channel>
</rss>