Showing : 41-50 of 418 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - Mere condition of re-purchase will not make a document a mortgage by conditional sale as there can be an absolute sale with a condition for repurchase...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to re-purchase - Intention of parties is the determining factor - Intention has to be gathered in the first place from the document...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to re-purchase - Father of plaintiff raised a loan to discharge his debts for which purpose he executed the mortgage - There is no condition in the deed that sale will become absolute after expiry of five years's period - Father of plaintiff is..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 58-- Limitation - Suit for declaration - Starting point of limitation for filing suit for declaration u/art 58 of the Act is when right to sue "first accrues" - Cause of action for purposes of Art.58 of the Act, accrues only when right asserted in suit is infringed or at least when there is clear and..........

Showing : 41-50 of 418 Results