New Register for Workshop on How to start for NABARD 2025 (Stepwise Plan) - Apr 26, 7 PM

    Question

    The maxim "once a mortgage always a mortgage" was

    applied in the case of-
    A Mardia Chemicals v. Union of India Correct Answer Incorrect Answer
    B Mritunjoy Pani And Another vs Narmanda Bala Sasmal And Another Correct Answer Incorrect Answer
    C State of Kerala v Cochin Chemical Refineries Ltd Correct Answer Incorrect Answer
    D Harish Chandra Hegde v. State of Karnataka and Ors. Correct Answer Incorrect Answer

    Solution

    This maxim was applied in the case of- Mritunjoy Pani And Another vs Narmanda Bala Sasmal And Another on 14 March, 1961- The position, in our opinion, is very clear and in the absence of any special statutory provision to the contrary is governed by s. 90, Trusts Act. The defendant is a mortgagee and, apart from special statutes, the only way in which a mortgage can be terminated as between the parties to it is by the act of the parties themselves, by merger or by an order of the Court. The maxim "once a mortgage always a mortgage" applies. Therefore, when the defendant entered upon possession he was there as a mortgagee and being a mortgagee the plaintiffs have a right to redeem unless there is either a contract between the parties or a merger or a special statute to debar them."

    Practice Next