Showing : 31-40 of 162 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - Transfer is of `some' interest only and not of `whole' interest of mortgagor...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c), 60, 67-- Mortgage by conditional sale - When mortgagor mortgages his immovable property, he does not cease to be its owner and equity of redemption still vests in him - Equity is lost only when there is final decree of foreclosure or sale in favour of mortgagee...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58, 67-- Mortgage - Right to foreclosure - In all mortgages, where foreclosure decree can be passed, mortgagor retains his right of redemption until final decree of foreclosure is passed...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - Right to seek sale - Not available to mortgagee by conditional sale - Only remedy is to apply for foreclosure and not for decree of sale...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 54, 58-- Sale or mortgage - Loan amount - Sale deed in question was executed only as a security for loan - Plaintiff never intended to sell the property to defendants as per sale deed and agreement - Sale deed also not indicating it to be mortgage by conditional sale as per S.58(e) of T.P.Act - It is..........
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, 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...........

Showing : 31-40 of 162 Results