Showing : 11-20 of 39 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11-- Petitioner took loan from respondent corporation by creating equitable mortgage - Respondent corporation filed recovery suit - Held, S.34 CPC will not apply, as it is a suit based on mortgage - It is O.34.R.11 which applies which provides that interest at the agreed rate can be allowed upto the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of proceedings - Accused cheated Bank by obtaining loan against equitable mortgage of property under fake identity - Charge-sheet submitted against accused as well as against petitioner/employees of Bank, who were also charged for offences falling within Criminal trappings of Ss.468, 471,..........
KERALA HIGH COURT
Year of decision: 2010
Details
Contract Act, 1872, Section 127, Limitation Act, 1963, Article 62-- Surety - Equitable mortgage for a loan - Can be proceeded against within 12 years u/s 62 even when the debt gets barred against the principal debtor - Liability of surety will continue unless the principal debtor is discharged from the liability...........
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..........
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...........
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...........
HARYANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANCHKULA
Year of decision: 2008
Details
Consumer Protection Act, 1986, Section 24A-- Limitation - Continuing cause of action - Complainant came to know on 28.8.2001 that property purchased by him from OP was under equitable mortgage with the SBI - He made complaint to the Police in 2002 and case registered against OP - Present complaint filed before District Forum on 25.8.2005..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 58(f)-- Equitable mortgage - Requisites of an equitable mortgage are: (i) a debt; (ii) a deposit of title deeds; and (iii) an intention that the deeds shall be security for the debt...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 58-- Conditional mortgage - Redemption - It is an equitable right - A mortgagee, who is enjoying the possession of the suit property, is not entitled to defeat that right except in due manner...........

Showing : 11-20 of 39 Results