CASE COMMENT
Mohini Mohan Chakravartty vs Mohanlal
Thalia And Ors.
CONTRACT ASSINGMENT
BY: ADITI BHUSHAN
BALL B
1983168
SUBMITTED TO: SHREYA CHATTERJEE
ACKNOWLEDGMENT
Firstly, I would like to thank respected SHREYA CHATTERJEE
maám, for giving me such a golden opportunity to show my skills and
capability through this project. This project is the result of the
extensive ultrapure study, hard work and labour, put into to make it
worth reading. It is my pleasure to be indebted to various people, who
directly or indirectly contributed in the development of this work and
who influenced my thinking, behaviour, and acts during the course of
study. Lastly, I would like to thank the almighty and my parents for
their moral support and my friends with whom I shared my
day-to-day experience and received lots of suggestions that
improved my quality of work.
TABLE OF CONTENT
1. INTRODUCTION
2. TITLE OF THE CASE
3. CITATION
4. BENCH
5. ISSUES
6. FACTS OF THE CASE
7. JUDGMENT
8. CONCLUSION
TITLE OF THE CASE:
Mohini Mohan Chakravartty vs Mohanlal Thalia And Ors
CITATION:
AIR 1964 Cal 470
BENCH:
H Bose, G Mitter
FACTS OF THE CASE:
i) One Sriniwas Ladia carried on business in partnership with Ranglal Ladia under the name
and style of "Shyamlal Sriniwas" each having eight annas share therein. The partnership firm
became the holder of four shares in the Bengal Textiles Association under one scrip No.
0143/4 of the total face value of Rs. 60,000/-.
ii) The partnership stood dissolved in the year 1949 but the share scrip continued to stand in
the name of the firm
iii) The Thalias allege that Sriniwas owed a sum of Rs. 3,591/12/6 to one of themselves
namely Mohanlal Thalia and Rs. 6,287/10/6 to Dhaliram Thalia. On demand being made for
repayment of the sums due Sriniwas pledged and hypothecated with the Thalias his two
shares in the Bengal Textiles Association by a deed dated January 14, 1954.
iv) The Thalias allege that Sriniwas owed a sum of Rs. 3,591/12/6 to one of themselves
namely Mohanlal Thalia and Rs. 6,287/10/6 to Dhaliram Thalia. On demand being made for
repayment of the sums due Sriniwas pledged and hypothecated with the Thalias his two
shares in the Bengal Textiles Association by a deed dated January 14, 1954.
On December 3, 1954, a petition for adjudication of Sriniwas Ladia as Karta along with
members of his Hindu undivided family was presented to this Court and an order of
adjudication was made on March 29, 1955. By letter dated April 15, 1957 the petitioners
informed the Official Liquidator of the Bengal Textiles Association that Ranglal Ladia had
not paid his share of Rs. 6,000/- in respect of the amount received from the Official
Liquidator.
JUDGMENT
"the truth is that cases of equitable assignment or specific lien, where the consideration has
passed, depend on the real meaning of the agreement" between the parties. The difficulty,
generally speaking, is to ascertain the true scope and effect of the agreement. When that is
ascertained you have only to apply the principle that equity considers that done which ought
to be done. . . Take the present case. The rights of the parties are completely defined by the
bill of sale. Though there is the usual covenant for further assurance, it is plain that no further
deed was contemplated."
the agreement in the present case did not operate as an assignment of the moneys to be
receivable from the bengal Textiles Association nor was there an agreement that the debt
owing should be paid out of such moneys
CONCLUSION
The conclusion came out that there exist no agreement in between the parties so there is no
liability of the later party to pay any sum to the Bengal Textile Association.
