Showing : 461-470 of 687 Results

SUPREME COURT OF INDIA
Year of decision: 2000
Details
Bank-- Recovery suit - Sales tax recovery - Priority of State - Suit by Bank for recovery on basis of mortgage debt - State Government attaching property towards arrears of sales tax - Claim of Bank that it being a secured creditor State cannot have preference over its right to recover debt - Not tenable..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - Sale by plaintiff - Defendant executing separate agreement to reconvey property if amount repaid within stipulated period - Transaction is not a mortgage by conditional sale as condition of repurchase is not contained in same document...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Transfer of Property Act, 1882, Section 58(d)-- Usufructuary mortgage - Sale by plaintiff - Defendant executing separate agreement to reconvey property if amount repaid within stipulated period - Plaintiff executing rent note agreeing to pay monthly rent to defendant - High Court holding transaction as not mortgage by conditional sale but as..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - Sale by plaintiff for Rs.1,000/- while he purchased property few years earlier for Rs.3,000/- - Defendant executing separate agreement to reconvey property if amount repaid within two years - Plaintiff executing rent note to pay monthly rent to defendant - Suit for redemption of..........
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...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908-- Mortgage suit - Preliminary decree passed - Amount to be paid in instalments - Default in payment of instalments - Limitation of three years for applying for final decree starts to run from the date of default in payment of any instalment - In the instant case D.H. issuing mandatory notice under..........
DELHI HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 60(1)(ccc)-- One main residential house - Exemption from attachment - Only if it is not charged with the debt - Protection is granted to money decree - A mortgage decree is on a totally different footing...........
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..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 30-- Money decree against all the defendants including the guarantor and mortgage decree against principal debtor who had mortgaged his shop with the bank - Decree did not put any fetter on the right of the D.H. to execute it against any party whether as a money decree or as a mortgage decree - Held,..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 47-- Execution - Objections - Decree in redemption suit rejecting defence that defendant was lessee - J.D. claiming in execution proceedings that he continued to be a lessee - Rejection of claim by executing Court - High Court holding J.D. to be a lessee and mortgage deed did not terminate relationship..........

Showing : 461-470 of 687 Results