Showing : 31-40 of 42 Results

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH AT BANGALORE, KARNATAKA
Year of decision: 2006
Details
Consumer Protection Act, 1986, Section 2(1)(d)(ii)-- Consumer - Banking service - Loan facility - Deposit of title deeds - The title deeds are required to be returned by the bank to the pledgee - Returning of the pledged document shall be part of the service to be rendered by the bank - Conclusion of the State Commission that the dispute would not..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Transfer of Property Act, 1882, Section 58-- Mortgage by deposit of title deeds - When a person delivers to a creditor documents of title to immovable property with intention to create a security thereon, the transaction is called mortgage by deposit of title deeds - Deposit can be made personally or constructively...........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Transfer of Property Act, 1882, Section 58(b), 58(f), Evidence Act, 1872, Section 68-- Proviso - Mortgage by deposit of certified copy of title deeds - Not accepted by bank - Memorandum of deposit of title deed executed and registered - Proof of such document - Said document specifically denied by executant - One attesting witness at least required to be examined to prove the said..........
MADRAS HIGH COURT
Year of decision: 2002
Details
Transfer of Property Act, 1882, Section 58(f)-- Equitable mortgage by deposit of title deeds - Place of creation of mortgage not disclosed in plaint - Plaintiff in his evidence also not speaking about the place of deposit of title deeds - Witnesses of plaintiff not inspiring confidence - Decree against mortgaged property not sustainable...........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 97, 99-- Mortgage by deposit of title deeds - Decree for sale - Objection to decree for sale by third party claiming title to suit property under registered sale deed - There is no provision in Code for objection by third party to object to sale - However, Court has inherent powers to adjudicate upon such..........
DELHI HIGH COURT
Year of decision: 2000
Details
Transfer of Property Act, 1882, Section 58-- Equitable mortgage - Bank loan - Deposit of original title deeds with bank - It amounts to creation of equitable mortgage...........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Transfer of Property Act, 1882, Section 3, 58(f), 59-- Mortgage by deposit of title deeds - Subsequent sale - Held, vendee who is bound to make enquiry for title deed but fails to do it, should be held to have notice of mortgage effected by vendor by deposit of title deed...........
KERALA HIGH COURT
Year of decision: 2000
Details
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f)-- Mortgage by deposit of title deeds - Writing obtained in that regard in the form of a memorandum or letter so that it will be a record which would evidence the transaction - If the parties execute a memorandum of title deeds intending to reduce the transaction into writing and it is done..........
RAJASTHAN HIGH COURT
Year of decision: 1992
Details
Registration Act, 1908, Section 17(1)(b)-- Equitable mortgage - Whether requires registration? Depends on the question whether parties in-tended to reduce their bargain regarding deposit of title deeds to the form of a document - While taking loan from the Bank petitioner deposited title deeds - Construction of deed showing that equitable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1985
Details
Transfer of Property Act, 1882, Section 58(f), 59-- Mortgage by deposit of title deeds (also known as equitable mortgage) - Not compulsorily registrable - No writing necessary - Parties if choose to put agreement with regard to transaction, of mortgage by deposit of title deeds, in writing, that document will exclude all other evidence unless..........

Showing : 31-40 of 42 Results