Showing : 41-50 of 435 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with an option to repurchase - Determination of nature of document - Suit decreed by two Courts - It was prudent to re-examine the deed document in its original vernacular version, rather than to rely upon meaning assigned to recitals according to unofficial..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with an option to repurchase - Recitals in the document are specific that vendor was in need of money to run the vehicle purchased by him on hire and was selling the shop to raise money for this purpose - Said recitals in the document are self explanatory and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 58, Specific Relief Act, 1963, Section 37, 38-- Injunction - Admission - It is the best evidence - Defendant admitted possession of plaintiff - Nothing more is required to prove case of plaintiff...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963-- Limitation - Suit by minor on attaining majority for challenging alienation made by his mother - Period of limitation as prescribed u/art.60 of the Act and not u/art.58 of the Act which applies...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58-- Execution - Objections - Disputes inter se between JDs cannot be adjudicated u/s 47 CPC or U.O.21.R.58 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 21, Rule 58-- Rejection of application U.O.21.R.58 CPC - Appeal thereagainst U.O.43.R.1 CPC - Not maintainable, in view of express provision of O.21.R.58(4) CPC, as only an Execution First Appeal would be maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Auction sale - Objections raised U.O.21.R.58 CPC after confirmation of sale - Not maintainable in view of express bar created U.O.21.R.58(1) Proviso (a) CPC...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 21-- Admission - Statement made by plaintiffs that late husband of plaintiff no.1 after the death of his wife married defendant, is undoubtedly a statement of admission, as it is made against original contention that plaintiff no.1 alone is his legally wedded wife - Said admission as per S.21 of the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - An ostensible sale with transfer of possession and ownership but containing a clause for re-conveyance in accordance with S.58(c) of the Act, would clothe the agreement as a mortgage by conditional sale...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with an option to repurchase - Agreement though styled as a sale deed for a consideration of Rs.700 but an ostensible sale containing a clause for re-conveyance - Language used in agreement conveys that plaintiff did not intend to relinquish right, title and..........

Showing : 41-50 of 435 Results