Showing : 21-30 of 39 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 34, Rule 14, 15-- Loan from bank for purchase of bus - Repayment secured by hypothecating bus and further by equitable mortgage - Suit for recovery - Bank ommitted to suit on equitable mortgage without leave of Court - Subsequent suit to enforce the equitable mortgage - In a suit for enforcement of a mortgage, bar..........
GAUHATI HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for specific performance - Sale of property during pendency of suit - Subsequent purchaser created equitable mortgage of suit property in favour of Bank - Plaintiff by amendment of plaintiff sought declaration that equitable mortgage by suit property in favour of bank..........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Guarantor sold the property of which he had created equitable mortgage in favour of Bank - Bank filed suit for recovery of loan amount - Order of attachment before judgment - Purchaser of property in question being in possession of property has a right to object to the order before attachment -..........
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...........
KERALA HIGH COURT
Year of decision: 2001
Details
Transfer of Property Act, 1882, Section 58(1)-- Equitable mortgage - By deposit of certified copies - When original documents are not forthcoming or lost, equitable mortgage can be created by depositing certified copy of document...........
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...........
DELHI HIGH COURT
Year of decision: 1999
Details
Agreement to sell-- Suit for specific performance - Ready and willing - Defendant had undertaken some obligations like obtaining NOC and ITC certificates etc. which he did not fulfil - Property was under equitable mortgage with PNB, which had not been cleared as such defendant is not in a position to convey a clear..........
DELHI HIGH COURT
Year of decision: 1999
Details
Agreement to sell-- Suit for specific performance - Property was subjected to equitable mortgage with Bank - Vendor did not disclose to plaintiff if there was any mortgage when they entered into the agreement to sell and paid purchase price - Plaintiffs are thus bona fide purchasers - Also, Bank staff had colluded..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Limitation Act, 1963, Article 62-- Equitable mortgage - Limitation is 12 years...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 14, Rule 5-- Framing of additional issue - Suit by Bank for recovery of loan money - Guarantor - defendant specifically stated in written statement that he had not gone to the Bank and had not executed any guarantee - deed in favour of Bank and has no concern with defendant - firm who are strangers to him -..........

Showing : 21-30 of 39 Results