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Dont Say No Pls. (Binding Precedent).

(Querist) 09 March 2011 This query is : Resolved 
1) If the property is already mortgaged with another bank, can we mortgage the same for any mortgage loan scheme? If it is not allowed than as per which RBI, TPA or any other law it has been said that once the property is in continuous mortgage than that particular property can’t be mortgage any were else?

2) Whether Equitable Mortgage of Agricultural Land is possible? If it is permissible, then only to an individual or permissible to companies also? Please tell me the law regarding Equitable Mortgage of Agricultural Land in states of Maharashtra?

3)When any court or tribunal dismiss the appeal or any case whether civil, criminal, divorce, tax matters, SLP, Writ Petition or any revenue cases than the dismissed cases can be taken as or can be called as a binding precedent or binding precedent law is applicable to that dismissed cases. PlS suggest me with the help of a suitable example & if possible with the hole extract of a apex court judgment.

Thanks In Advance.

God Bless U All.
Raj Kumar Makkad (Expert) 09 March 2011
1. Refer to section 60-A of Transfer of Property Act, 1882 wherein it is clearly mentioned.

2. It is possible for even companies in Maharashtra.

3, Elaborate clearly your problem. You have left a big ground open for all. be specific and tell your case and obtain guidance.
RAJU O.F., (Expert) 10 March 2011
Property mortgaged to one bank can be again mortgaged on 2nd charge to another bank, subject to the permission and NOC of the 1st charge-holder banker. The 2nd charge holder bank will get the right only for the surplus of value after setting off the dues of the 1st charge-holder bank.
Please make your questions specific; experts may not write a detailed essay for answering you.
pratik (Querist) 10 March 2011
Thanks A Million SIRJI(S)

But as per my third querie i mean that in a judgement a case is not in the favour of any body but the judge just dismiss the case after hearing it that can we say that particular case can be taken as binding precedent ?

Eg : A a Plantiff & B a defedant files a case in court & after hearing the case the judge dismiss the case so the judgment is not in favour of anybody ok.

after few years any advocate take that particualr as a binding precedent (which was dismissed by the court few years back)to fight other case in which he/she represents him/her as a advocate.

God Bless U All.



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