Showing : 1-10 of 19 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Recitals of document shows that if amount not repaid within stipulated time of 5 years, transferee will have absolute right and mortgage will be treated as an absolute sale and transferee to pay land revenue and other charges -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 60-- Mortgage - Extinguishment of right to redeem - Right to redemption survives only till confirmation of sale and not thereafter - Plaintiff losses the right to sue for redemption of mortgaged property when mortgaged property is put to auction sale in a suit for foreclosure and sale certificate is..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 67-- Mortgage - Right to seek foreclosure - Not available to any mortgagee other than mortgagee by conditional sale or mortgage under anomalous mortgage by terms of which he is entitled to foreclose...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c), 60, 67-- Mortgage by conditional sale - When mortgagor mortgages his immovable property, he does not cease to be its owner and equity of redemption still vests in him - Equity is lost only when there is final decree of foreclosure or sale in favour of mortgagee...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58, 67-- Mortgage - Right to foreclosure - In all mortgages, where foreclosure decree can be passed, mortgagor retains his right of redemption until final decree of foreclosure is passed...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - Right to seek sale - Not available to mortgagee by conditional sale - Only remedy is to apply for foreclosure and not for decree of sale...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 8-- Arbitration - Mortgage suit - Jurisdiction of Courts - Mortgage is transfer of right in rem - Mortgage suit for sale of mortgaged property is action in rem, for enforcement of right in rem - Suit on mortgage is not mere suit for money - Suit for enforcement of mortgage being enforcement of right..........
PATNA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 60, 67-- Clog on equity of redemption - Mortgage - Loan repayable within seven years otherwise mortgage land will be absolute sale - Mortgagee put into possession with a right to appropriate the usufruct of the land as interest - Held, this is a mortgage by conditional sale with usufructury right which is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 62, 67, Limitation Act, 1963, Article 61(a)-- Right of usufructuary mortgagor to recover possession - Right to foreclosure or sale - When the right to redeem or possession accrues - Limitation of 30 years - The right to redemption or recover possesion accrues to the mortgagor on payment of sum secured, where rents and profits are to be set..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 60, 62, 67, Limitation Act, 1963, Article 61(a)-- Usufructary Mortgage - Suit by mortgagee for declaration to the effect that they have become onus of land by prescription - Contention that after expiry of period of limitation to sue for foreclosure, the mortgages have a right to seek declaration in respect of their title over the suit property -..........

Showing : 1-10 of 19 Results