https://www.taxtmi.com/caselaws?id=36970 Section 281 of the Income-tax Act, 1961 was held inapplicable to a mortgage executed before the Act commenced, so the pre-existing mortgage was not void. An auction sale in recovery proceedings did not extinguish that prior mortgage where the property was sold subject to existing encumbrances, and the bank could still enforce its mortgage and award against the property; the unchallenged Revenue Recovery Act order did not defeat that claim. The civil court was also held competent to execute the co-operative society award because the relevant rules were within the rule-making power under the Act and were not ultra vires. en-us Tue, 15 Nov 1977 00:00:00 +0530 Thu, 25 Mar 2010 16:25:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=36970 Section 281 of the Income-tax Act, 1961 was held inapplicable to a mortgage executed before the Act commenced, so the pre-existing mortgage was not void. An auction sale in recovery proceedings did not extinguish that prior mortgage where the property was sold subject to existing encumbrances, and the bank could still enforce its mortgage and award against the property; the unchallenged Revenue Recovery Act order did not defeat that claim. The civil court was also held competent to execute the co-operative society award because the relevant rules were within the rule-making power under the Act and were not ultra vires. Case-Laws Income Tax Tue, 15 Nov 1977 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=36970