Showing : 81-90 of 677 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Comparison of thumb impression of testator on Will with thumb impressions on mortgage deed - Expert evidence by way of additional evidence cannot be allowed at this stage, as such type of evidence was required to be led in affirmative - Even otherwise, evidence cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 60-- Clog on redemption of mortgage - Incorporation of term that redemption shall not be redeemed for a period of 90 years - Held, it is a clog on the equity of redemption...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 58, 61, Transfer of Property Act, 1882, Section 60, Registration Act, 1908, Section 17-- Mortgage - Candid admission by defendant with regard to execution of mortgage deed - Non registration of mortgage deed after affixing proper stamp duty has no effect on the suit for redemption of mortgage filed by plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Agreement to sell-- Specific performance - Property under mortgage to bank - Plaintiff discharged the mortgage by paying three times the sale consideration - Plaintiff throughout ready and willing to perform his part of the contract - After inducing plaintiff to clear the dues on the clear understanding that..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint - Mortgage suit - Once a person comes to Court with a positive stand that document No.4 was only a memorandum of deposit of title deeds post facto, it is not open to Court below to return the plaint on the presumption that there was no valid mortgage deed - Validity of mortgage..........
KERALA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 60-- Mortgage - Partial redemption - Permissible only when there is breaking up of mortgage at the instance of mortgagor and mortgagee...........
KERALA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 60-- Mortgage - Redemption of mortgage - Mortgagee who purchased and acquired the right of redemption from some of co-mortgagors, during pendency of suit that too after second appeal decree in favour of redemption was passed, has first to yield to redemption of mortgage in favour of remaining decree..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 65-- Auction sale - Mortgage property - Loan of Rs.15,000/- taken from bank - Non payment of loan amount - Auction - Bank itself purchased the property - Sale certificate issued in favour of bank - Later on bank sold the property for Rs.10 lakhs - Respondents claiming excess of sale amount in respect..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Contract Act, 1872, Section 19-- Agreement to sell - Misrepresentation - Consent of plaintiff was based on misrepresentation of fact with respect to mortgage of house in dispute with Bank - Contract is thus, voidable at the option of plaintiff - But plaintiff never exercised the option to invalidate or repudiate the contract -..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 89, 92-- Sale not become absolute or irrevocable - Pendency of application to set aside sale or appeal or revision against trial Court's decree till attained finality, right to liquidate mortgage debt by judgment debtor is available, as long as sale is not confirmed - Thus, right can be exercised even..........

Showing : 81-90 of 677 Results