Showing : 11-20 of 43 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Stamp Act, 1899, Article 6-- Stamp duty - Loan agreement - Merely the loan agreement executed between petitioner/bank and its borrower cannot be treated as an agreement relating to deposit of title deeds for the purposes of Art.6 of Act, unless the deposit of title deeds is accompanied by a letter, note, memorandum or writing..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Stamp Act, 1899, Article 6-- Stamp duty - Loan agreement - Agreement executed between parties does not contain the stipulation in writing about creation of mortgage by deposit of title deeds - Loan agreement only provides for a future eventuality requiring giving of security, which necessarily would not fall within the ambit..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 55-- Auction sale - Non-deposit of balance amount - Forfeiture - Buyer not asked the bank to make available title deeds of premises in question for inspection before submission of bid - Nor pointed out any irregularity before submitting bid and before removing plant and machinery therefrom - Property..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage - Deposit of title deeds - Lease deed in favour of lessee with certain restrictions and conditions regarding transfer of such interest would not satisfy the requirement of title deed - As an unauthorized transfer cannot result in valid assumption of any right by transferee...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 59, 100-- Mortgage - Creation of charge - Held, mere undertaking that party will not dispose of properties mentioned in an undertaking, during currency of loan, will not create any charge over those properties, unless charge is created by deposit of title deeds or through a registered document...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 59-- Mortgage - When there is a mortgage other than a mortgage by deposit of title deeds, it can be effected only by a registered instrument...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 58, 59-- Mortgage by deposit of title deeds - Memorandum prepared after deposit of title deeds without incorporating terms and conditions with regard to the deposit of title deeds is merely evidential and does not require registration - However, memorandum reducing other terms and conditions with regard to..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 58, 59-- Mortgage by deposit of title deeds - No instrument is required to be drawn for this purpose...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 58, 59-- Mortgage by deposit of title deeds - Charge of mortgage can be entered into revenue record in respect of mortgage by deposit of title deeds and for that, instrument of mortgage is not necessary...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 58-- Simple mortgage - Can be by way of deposit of title deeds - However, mortgagee must explain that deposit of title deed was with a specific understanding that it is for purpose of creation of a mortgage - An accidental possession of a document by itself does not bring about mortgage - Law does not..........

Showing : 11-20 of 43 Results