Directions: Read the following passage and answer the questions given below:
This was one of the biggest corporate scams in the country. Sundaram Computer Services was a computer outsourcing company whose founders and directors falsified data, inflated stock prices and stole huge amounts from the company. It was a case of corporate governance and fraudulent auditing practices allegedly in connivance with auditors and chartered accountants. The company misrepresented its accounts both to its board, stock exchanges, regulators, investors and all other stakeholders. It was a fraud, which misled the market and other stakeholders by lying about the company’s financial health. Even basic facts such as revenues, operating profits, interest liabilities and cash balances were grossly inflated to show the company was in good health. Later in 2009, the company founder, Shyam confessed to the crime. In 2015, the accused were sentenced to seven year imprisonment. Further huge amounts of fines were also imposed.
Under the Transfer of Property Act, 1882 a mortgage is a transfer of an interest in specific immovable property for securing the payment of a debt. Section 58 of the Act enumerates six distinct types of mortgages, each characterized by unique rights and obligations of the mortgagor and mortgagee. These categories reflect the balance of right of alienation and right to hold the property, contingent upon the nature of the transfer. In a simple mortgage, the mortgagor binds himself personally to repay the debt and agrees, expressly or impliedly, that in the event of default, the mortgagee shall have the right to cause the mortgaged property to be sold. There is no transfer of possession.
A mortgage by conditional sale involves an ostensible sale with a condition that upon default of payment, the sale becomes absolute. Courts scrutinize such arrangements to prevent clogs on the equity of redemption. A usufructuary mortgage grants the mortgagee possession and the right to receive rents and profits in lieu of interest or principal, aligning with the maxim, nemo dat quod non habet. It is essential to note that an earlier mortgage takes precedence based on the legal maxim, qui prior est tempore potior est jure. An English mortgage entails personal liability of the mortgagor and an absolute transfer of the property to the mortgagee with a covenant to retransfer upon payment. Other forms include mortgage by deposit of title deeds or equitable mortgage, and anomalous mortgages, which do not fit into the above classifications. These variations reveal the nuanced jurisprudence of secured transactions, balancing contractual freedom with equitable oversight.