Showing : 31-40 of 150 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 54, 58-- Sale or mortgage - Loan amount - Inadequacy of sale consideration stated in sale deed indicates that plaintiff not intended to sell the property to defendants - Sale deed in question held, rightly declared to be mortgage as a security for repayment of loan taken by plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, 60-- Redemption of mortgage - Limitation - Where mortgage does not provide any period of redemption then there is no limitation for seeking redemption...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, 60-- Redemption of mortgage - Pith and substance in a suit for acknowledgment of declaration also tantamount to redeeming the mortgage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, 60-- Redemption of mortgage - Once plaintiffs had stepped into shoes of mortgagors and property had already been redeemed, no question of filing a suit for redemption arises at their instance - After redemption, all three mortgagors become co-owners and in case, they do not seek partition, remedy..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - Redemption - Improvements - No term mentioned in the mortgage deed exonerating mortgagor from making the payment of cost of construction - Mortgagor thus liable to make payment of improvements etc...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Article 61-- Redemption of mortgage - Limitation - Commences from the date when right to redeem or recover possession accrues or cause of action to file suit arises and not from the date of execution of mortgage deed...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, 83-- Mortgage - Redemption - Non deposit of mortgage amount - Maintainability of suit - Mortgagor has option to deposit the amount payable on redemption of mortgage and does not bar the institution of suit, for non deposit of such amount...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58, Civil Procedure Code, 1908, Section 100-- Mortgage - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - In view of admission of execution of mortgage deed and in absence of any whisper in the pleadings to the effect that disputed mortgage deed amounts to sale deed and in..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 54, 58-- Mortgage deed - Plea that mortgage deed is not in accordance with the provision of S.58 of the Act as such it amounts to a sale deed - Mortgage deed executed for purpose of securing advance payment which specially provides for redemption - Mortgage deed does not come within definition of sale...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - Redemption - Improvements - Basis for assessment of value of improvements, the year of redemption must be the date of filing of suit and must be taken when suit was instituted...........

Showing : 31-40 of 150 Results