Dishonor of Cheque - legally enforceable debt or not - ...

Cheque Dishonor Case: Compensation as Security u/s 73 of Transfer of Property Act; Debt Validity Questioned in Trial.

January 1, 2022

Case Laws     Indian Laws     HC

Dishonor of Cheque - legally enforceable debt or not - compensation amount received by the Respondent is a security substituted in the place of the original mortgage property as contemplated under Section 73 of Transfer of Property Act - The substantive provision of Transfer of Property Act as the mortgage has already executed, though its validity is questioned before this Court, this Court cannot make a roving enquiry. Therefore, this Court cannot go into the merits whether there is legally enforceable debt or not, it has to be discharged only by the accused before the trial Court - HC

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