Showing : 81-90 of 150 Results

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..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(c), Civil Procedure Code, 1908, Order 34, Rule 7(2), Limitation Act, 1963, Article 137-- Mortgage by conditional sale - Redemption of mortgage - Preliminary decree - Amount not deposited within stipulated time - Held, it is not open to Court to grant leave to plaintiff to deposit the amount even after period stipulated in the decree had expired...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(1)-- Mortgage by deposit of title deed - Three requisites for a valid mortgage are : (i) debt (ii) deposit of title deeds and (iii) an intention that the deed shall operate as security for the debt...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage by deposit of title deeds - Where a person delivers to a creditor or his agent document of title in respect of his immovable property with an intention to create security thereon the transaction is called transaction by deposit of mortgage title deed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Stamp Act, 1899, Section 9(1)(a), 9(3), Transfer of Property Act, 1882, Section 58(f), 59, Registration Act, 1908, Section 17-- Mortgage by deposit of title deeds - It is equitable mortgage and does not require registration - No stamp duty is payable - However, when a separate document is drawn creating interest in the property then the document requires registration...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(f)-- Provision of S.58(f) TPA has been extended to all the district headquarters of Punjab vide notification No.GS 88/CA.4/1882/S.58/75 dated 28.08.1975 and all block headquarters vide notification No.SO 31/CA.4/1882/S.58/79 dated 23.06.1979...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 60, 58(d), Civil Procedure Code, 1908, Order 34, Rule 14-- Mortgagor in possession of mortgaged property as tenant of mortgagee - Mortgaged property purchased by mortgagee in court auction pursuant to a decree obtained by him in a suit for recovery of arrears against mortgagor - Held, relationship of mortgagor and mortgagee continues and is not..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - Sale of property with condition to buy back within 5 years - Held, transaction was mortgage and not a sale - Suit for redemption of mortgage is maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61(a)-- Usufructuary mortgage - Redemption - Limitation - No time limit fixed for redemption - Property can be redeemed at any time as the right to seek redemption would not arise on the date of mortgage but will arise on the date when the mortgagor pay or tender to the mortgagee or deposits in Court the..........

Showing : 81-90 of 150 Results