Showing : 61-70 of 360 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, 60-- Redemption of mortgage - Once plaintiffs had stepped into shoes of mortgagors and property had already been redeemed, no question of filing a suit for redemption arises at their instance - After redemption, all three mortgagors become co-owners and in case, they do not seek partition, remedy..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - Redemption - Improvements - No term mentioned in the mortgage deed exonerating mortgagor from making the payment of cost of construction - Mortgagor thus liable to make payment of improvements etc...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Article 61-- Redemption of mortgage - Limitation - Commences from the date when right to redeem or recover possession accrues or cause of action to file suit arises and not from the date of execution of mortgage deed...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, 83-- Mortgage - Redemption - Non deposit of mortgage amount - Maintainability of suit - Mortgagor has option to deposit the amount payable on redemption of mortgage and does not bar the institution of suit, for non deposit of such amount...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, Civil Procedure Code, 1908, Section 100-- Mortgage - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - In view of admission of execution of mortgage deed and in absence of any whisper in the pleadings to the effect that disputed mortgage deed amounts to sale deed and in..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 54, 58-- Mortgage deed - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - Mortgage deed executed for purpose of securing advance payment which specially provides for redemption - Mortgage deed does not come within definition of sale...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - Redemption - Improvements - Basis for assessment of value of improvements, the year of redemption must be the date of filing of suit and must be taken when suit was instituted...........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At appellate stage - On the date of filing application relief sought to be incorporated by way of amendment was hopelessly barred by Article 58 & 113 of Limitation Act - Impugned order of allowing amendment by Appellate Court, sets aside...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with option to repurchase - Document titled as conditional sale - Condition stipulated that in case there is repayment of Ten Thousand rupees within a period of five years possession of property shall be handed back - Condition reflects that actual transaction..........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, 54-- Mortgage by conditional sale or a sale with condition of repurchase - Stipulation in deed that if amount is not paid within ten years, sale will be absolute - It shows some ingredients of sale and some of mortgage - Non payment of money within stipulated time - Deed would be considered as absolute..........

Showing : 61-70 of 360 Results