Showing : 1-10 of 357 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 58, 54-- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Article 58, 59-- Limitation - Suit for declaration that mortgage deed and sale deed are null and void - Cause of action of suit arose in 1970 when plaintiff got knowledge of sale deed - Suit must have been filed within 3 years of date of knowledge or date of sale deed - Suit filed in 1978 is barred by limitation...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment - Objections - When an application is filed under O.21.R.58 CPC claiming any right or arising any objection to attachment of property, Court shall have to proceed to adjudicate upon such claim...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58-- Facts admitted need not to be proved - Suit for partition - Defendant No.1 admitted the claim of the plaintiff, however, case remained pending for consideration - Court granted time to parties to enter into compromise but no settlement could be arrived - Thus, plaintiff filed an application to..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Plaintiff mortgaged suit property by executing conditional sale - Condition to repurchase embodied in said document - Defendant agreed to transfer back suit within five years from date of deed - Patta was not transferred to..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale - Plaintiffs not whispered anything about loan transaction or mortgage of property - Parents of plaintiffs executed sale deed in 1978 and plaintiffs filed a suit in the year 2006 and they did not enforce any condition upon which plaintiffs strongly rely for..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 58-- Suit for declaration - Limitation - Cause of action in suit arose in year 1987 as per pleadings - Suit filed within three years therefrom - Suit is filed within time...........
KERALA HIGH COURT
Year of decision: 2018
Details
Special Marriage Act, 1954, Section 27(1)(d)-- Divorce - Mental cruelty - Denial of sex by wife - Husband's sexual ability is extremely limited on account of various ailments and he is suffering from impotency due to diabetes as per his medical report - When this fact is known, no divorce could be granted on ground of mental cruelty - There is..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - Where a transfer is made for a consideration below market value of property, it would amount to mortgage, even though it is described as sale...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with condition to re-purchase - Mortgage by conditional sale evidences a debt, repayment of which is charged on property conveyed - Whereas, in sale with condition to re-purchase, relationship of debtor and creditor does not subsist - In form, mortgage by..........

Showing : 1-10 of 357 Results