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Critical note on Actionable Claim

Actionable claims, originating from English law, refer to rights to recover debts or enforce property rights through legal action, governed in Bangladesh by the Transfer of Property Act, 1882. They include types such as unsecured debts and beneficial interests in movable property, with specific claims recognized as actionable and others excluded. The relevance of actionable claims is increasing in modern contexts, including insurance, debt assignment, and digital economies.

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4 views

Critical note on Actionable Claim

Actionable claims, originating from English law, refer to rights to recover debts or enforce property rights through legal action, governed in Bangladesh by the Transfer of Property Act, 1882. They include types such as unsecured debts and beneficial interests in movable property, with specific claims recognized as actionable and others excluded. The relevance of actionable claims is increasing in modern contexts, including insurance, debt assignment, and digital economies.

Uploaded by

mdkoyesmollik
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Actionable Claims

Presented by: Md. Suny


ID :232100022
Institution: Eastern University
Introduction
• The term actionable claim originates from the
English law concept of chose in action,
referring to rights to recover money or enforce
property rights through legal action. In
Bangladesh , actionable claims are governed
by the Transfer of Property Act, 1882. This
presentation explains their definition, types,
legal provisions, and modern relevance.
Background
• Derived from the English law principle of
chose in action, actionable claims refer to
rights enforceable through legal action.
According to B.M. Gandhi, these include
claims to recover money or enforce property
rights without possession. Modern laws in
Bangladesh and India follow the Transfer of
Property Act, 1882.
Definition
• “Actionable claim” means a claim to any debt,
other than a debt secured by a mortgage of
immovable property or by hypothecation or
pledge of movable property, or to any
beneficial interest in movable property not in
possession of the claimant, which Civil Courts
recognize as grounds for relief.
Types of Actionable Claims
• 1. Unsecured Debt:
• - Existing Debt
• - Accruing Debt
• - Conditional/Contingent Debt

• 2. Beneficial Interest in Movable Property:


• - Tangible Property (e.g., car, furniture)
• - Intangible Property (e.g., actionable
claims).
Claims Considered Actionable
• 1. Claims for arrears of rent
• 2. A share in partnership
• 3. Claims under insurance policies
• 4. Claims for unpaid dower
• 5. Right to purchase money refunds, etc.
Claims Not Considered Actionable
• 1. A decree
• 2. Right to damages under tort or breach of
contract
• 3. Mesne profits
• 4. Copyrights
• 5. Debt secured by mortgages.
Relevant Provisions
• 1. Section 130: Mode of transfer
• 2. Section 131: Notice of transfer
• 3. Section 132: Liability of transferee
• 4. Section 133: Warranty of solvency
• 5. Section 137: Exemptions.
Judicial Interpretations
• 1. Chidambaram v. Rama: Enforceable claims
under Section 130.
• 2. Bombay Corporation v. Official Assignee:
Validity of written transfers.
• 3. Baldeodas v. Puran Chand: Focus on
unsecured debts.
• 4. Pestonji v. Jivanlal: Intangible rights transfer
compliance.
Relevance in Modern Context
• 1. Insurance Policies
• 2. Assignment of Debt
• 3. Lottery Winnings
• 4. Digital Economy and Blockchain
• 5. Cross-Border Applications.
Conclusion
• Actionable claims bridge legal and financial
needs. Governed by the Transfer of Property
Act, 1882, they ensure rights over unsecured
debts and movable property are enforceable.
Modern practices like blockchain and finance
highlight their evolving significance.

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