Showing : 81-90 of 164 Results

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..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 58(b), 60, Limitation Act, 1963, Article 61(b), 63(b)-- Simple mortgage - Suit for possession - Limitation - Right of mortgagee does not start to run with ending of mortgagor's right to sue for redemption - Time begins to run with starting of mortgagees right under Transfer of Property act...........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 100, 58-- Charge on immovable property - Provisions relating to simple mortgage - Applicability of - Held, when a charge over immoveable property is created by act of parties and such immovable property is made as security for the payment of money to another though the transaction would not amount to a..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61-- Usufructuary mortgage - Redemption - Limitation - Starting point when no time limit is fixed - Limitation to redeem usufructuary mortgage does not start to run on the date of mortgage but will arise on the date when the mortgagor pays or tenders to the mortgagee or deposits in Court, the mortgage..........
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...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(c)-- Transaction whether a mortgage by conditional sale or a sale with a condition of repurchase - It is a vexed question - One of the ingredients for determining the true nature of transaction is that the condition of repurchase should be embodied in the document which effects or purports to effect..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage with a condition of repurchase - Ordinarily in such cases the amount of consideration remains the same...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58-- Clog on redemption - Mortgage of property for 85 years - No stipulation entitling mortgagor to redeem property - It is a clog on equity of redemption and is illegal...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58-- Sale & agreement to repurchase embodied in separate documents - Not mortgage - Time to be essence of contract - Held, that if sale and agreement to repurchase are embodied in separate documents, it cannot be a case of mortgage and in such cases relating to reconveyance time is always the essence..........

Showing : 81-90 of 164 Results