234 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- There were, however, some Choses in action to the assignment of which equity did not give effect on the ground of public policy :
(i) assignment of pay and half pay of public officers paid out of the National Exchequer.
(ii) Assignment of alimony to a wife.
(iii) Assignment affected by maintenance of property.
Conclusion
- There are thus two ways of making an assignment—
(i) Legal, (ii) Equitable.
- Although the Judicature Act has laid down the form and procedure for the legal Assignment of a legal Chose, it has not abrogated the rules of Chancery relating to Equitable assignment of a legal Chose. So that if an assignment is ineffective in law by reason of some defect, it will be good if it conforms with the rules of equity. Secondly, the Judicature does not touch the assignment of an Equitable Chose in action.
Categories of cases to be considered
There are three categories of cases to be considered in connection with the assignment of a Chose in action :
(i) Legal assignment of a legal Chose in action,
(ii) Equitable assignment of a legal Chose in action,
(iii) Equitable assignment of an Equitable Chose in action.
Requisites of a legal assignment of a Legal Chose
Assignment must be absolute, i.e., it must amount to a complete divesting of his right by the assignor. The debt must be certain and must be of the whole amount.
The assignment must be in writing signed by the assignor.
It need not be by deed.
It need not be for value.
- Express notice must be given to the debtors of the assignment.