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Results of mortgage

Showing : 351-360 of 710 Results

RAJASTHAN HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 34, 96, Order 34, Rule 11 -- Mortgage suit - Interest - It is governed by O.34.R.11(b) and not by S. 34 CPC...........

RAJASTHAN HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 34, Rule 11 -- Mortgage suit - Interest - Defendant failing to prove that it was an agricultural loan - Plea that periodical rests should be yearly rejected...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Haryana Co-operative Societies Act, 1984, Section 102 -- Penal interest - House loan advanced, to be repayed in 20 years in installments - Interest @ 15.7% p.a. to be charged - Default in payment of installments - Penal interest @ 17.5% charged over and above interest of 15.7% - Charging of penal interest @ 33% p.a. too harsh and unreasonable - Terms of loan..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58(c) -- Mortgage with conditional sale - Distinction between mortgage by way of conditional sale and a sale with condition of repurchase - In the former debt subsists and a right to redeem remains with the debtor but in case of the latter the transaction does not evidence an arrangement of lending and borrowing and thus right to..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale and sale with condition of purchase - Distinction - i) In mortgage by way of conditional sale debt subsists and right to redeem remains with debtor/mortgagor but in case of sale with a condition to repurchase no debt subsists and no right to redeem is reserved, as it is not a lending or..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Ingredients - Transaction must be an ostensible sale and evidenced by one document - Must contain condition that on default of payment of mortgage money on certain date, the sale shall become absolute or on payment of such money the sale shall become void or on payment of such money buyer shall..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Property mortgaged - Sold to plaintiff with a right to redeem the mortgage - Suit for redemption & mesne profit - Defendant contending that instrument in his favour is a deed of sale with a condition of purchase - Decreed by trial Court holding instrument to be a mortgage with conditional sale..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Evidence Act, 1872, Section 103 -- Examination of parties - When required - Plaintiff categorically submitting in the plaint that the mortgage amount tendered to defendant - Defendant denying the payment of said amount - Defendant should have examined hereself to deny such tender...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Punjab Redemption of Mortgages Act, 1913, Section 4, 8, 9, 12 -- Redemption of mortgage - Limitation for filling civil suit after dismissal of petition u/s 4 of the Act - Petition for redemption of mortgage of land u/s 4 dismissed by Collector without recording any finding on merits - Civil suit for possession by way of redemption filed after one year of dismissal of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61 -- Limitation for redemption of usufructuary mortgage - 'Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption' ? Matter referred to DB. Editorial Note - Also see Harbans vs. Om Parkash &..........

Showing : 351-360 of 710 Results