Law Of Mortgage (Tagore Law Lectures) (With Laws relating to Enforcement Of Security Interest Without Intervention Of Court under Securitisation Act, 2002)

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Description
Whether 'law' is a branch of science or not may be debated, but what is certain is that 'law' is a dynamic subject, quite frequently old concepts and ideas yield place to the new. How such changes are brbught about? In this regard the jurists have immense contributions. More importantly are the contributions of the learned Judges, though the decisions bind only the parties to the Us. The ratio decidendi works as precedent and may operate in rem in the sense that any one placed under similar situation will be governed by the precedent where there arises similar legal question. New edition of a book does not merely mean incorporation of up-to-date decisions, far more important is to formulate the ratios decidendi which are either new or have confirmed the earlier views. This aspect has been taken care of in this edition. In addition stress has been given on Securitisation Act and in the preface to the last edition I tried to justify the reason for inclusion of a new chapter on it in this book of Dr, Rashbehary  Ghose. In my opinion the law relating to 'Mortgage' will be incomplete unless the relevant provisions of Securitisation Act are not dealt with to supplement the provisions of Transfer of Property Act. In the present edition the readers will get exhaustive commentaries on the laws relating to realization of secured asset by the secured creditor without the intervention of court. There is perhaps some reason for being sceptical about the laws enacted in this  behalf. In terms of section 13 of the Act the claimant himself sits on the judge's chair and decides his own cause. I have not only discussed the decisions of the Supreme Court and different High Courts but also, in discharge of duty of an author, have expressed my own views. Lest there be any confusion, I like to make it clear that the works on Securitisation Act are of mine and they are not in any way connected with Tagore Law Lectures of Dr. Ghose.
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Content
Chapter 1. Early History Of Securities
Chapter 2. Hindu and Mohomedan Law Of Mortgage
Chapter 3. Consensual Securities
Chapter 4. Securities by Way of Mortage and Lien
Chapter 5. Mortgagor's Right and Liabilities
Chapter 6. Mortgagee's Rights and Liabilities
Chapter 7. Priorities of Mortgages
Chapter 8. Incidence of the Mortage Debt
Chapter 9. Accounting Between Mortgagee
Chapter 10. Discharge of the Mortgage
Chapter 11. Periods of Limitation governing Suits relating to mortgage/Charge
Appendices
Appendix 1. Transfer of Property Act
Appendix 2. Securitisation and Reconstruction of Financial Assets and
                     Enforcement Of Security Interest Act, 2002
Appendix 3. Security Interest (Enforcement) Rules, 2002
Appendix 4. Recovery of Debts due to Banks and Financial Institutions Act, 1993
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