Showing : 21-30 of 45 Results

UTTARAKHAND HIGH COURT
Year of decision: 2011
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 31(e)-- Applicability of Act to a Lease - Held, a lease will not come under the purview of the Act, but, if a security interest has been created on a lease by deposit of title deeds etc., then the Act becomes applicable on such lease - In the present case, the petitioner has not denied the fact that they..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage by deposit of title deeds - The memorandum merely recorded a past event of fact of deposit and did not itself create the mortgage - Held, the document did not therefore create the mortgage and hence did not require registration...........
KERALA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 58(f), Registration Act, 1908, Section 17-- Agreement to deposit title deeds specifying loan amount, terms and conditions of loan transaction, identity and extent of property to be mortgaged, details of documents - Shows creation of equitable mortgage - Requires compulsory registration...........
KERALA HIGH COURT
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 58-- Equitable mortgage - Title deeds already in possession of creditor for an earlier loan need not to be deposited again for subsequent loan after taking delivery of the same as principle of constructive deposit applies - All that is required to be seen is the intention of parties to treat the..........
MADRAS HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 439(2)-- Anticipatory bail - Cancellation of - Accused sold property for Rs.20 crores to a third party without knowledge of de facto complainant who contributed Rs.1 crore for purchase of property - Taking note of the same, while granting anticipatory bail, condition to deposit title deeds of property..........
KERALA HIGH COURT
Year of decision: 2009
Details
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f)-- Equitable mortgage by deposit of title deeds - When memorandum of deposit of title deeds show the intention of parties to reduce their bargain regarding the deposit as a document creating an interest in immovable property, it is compulsorily registrable - It has no evidentiary value otherwise...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(1)-- Mortgage by deposit of title deed - Three requisites for a valid mortgage are : (i) debt (ii) deposit of title deeds and (iii) an intention that the deed shall operate as security for the debt...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage by deposit of title deeds - Where a person delivers to a creditor or his agent document of title in respect of his immovable property with an intention to create security thereon the transaction is called transaction by deposit of mortgage title deed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Stamp Act, 1899, Section 9(1)(a), 9(3), Transfer of Property Act, 1882, Section 58(f), 59, Registration Act, 1908, Section 17-- Mortgage by deposit of title deeds - It is equitable mortgage and does not require registration - No stamp duty is payable - However, when a separate document is drawn creating interest in the property then the document requires registration...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - By deposit of title deeds - Allotment letter - Whether it creates an assignable right? - Question requires consideration by a larger bench so that an authoritative pronouncement can be made thereupon...........

Showing : 21-30 of 45 Results