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    <title>1938 (10) TMI 13 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=199535</link>
    <description>Where immovable property is made security for payment of money, and the arrangement does not amount to a mortgage, the provisions governing a simple mortgage apply to the charge so far as they are compatible. Reading Sections 59 and 100 of the Transfer of Property Act together, the court stated that registration is not excluded merely because the security is a charge, and a charge over immovable property securing money must be registered where it falls within the statutory registration regime. On that basis, the debentures were treated as invalid for want of registration, and the holders could not rank as secured creditors.</description>
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    <pubDate>Tue, 18 Oct 1938 00:00:00 +0530</pubDate>
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      <title>1938 (10) TMI 13 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=199535</link>
      <description>Where immovable property is made security for payment of money, and the arrangement does not amount to a mortgage, the provisions governing a simple mortgage apply to the charge so far as they are compatible. Reading Sections 59 and 100 of the Transfer of Property Act together, the court stated that registration is not excluded merely because the security is a charge, and a charge over immovable property securing money must be registered where it falls within the statutory registration regime. On that basis, the debentures were treated as invalid for want of registration, and the holders could not rank as secured creditors.</description>
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      <pubDate>Tue, 18 Oct 1938 00:00:00 +0530</pubDate>
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