Showing : 151-160 of 166 Results

SUPREME COURT OF INDIA
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 105, 58-- By mere execution of the usufructuary mortgage, there is no automatic merger of the interest of a lessee with that of a mortgagee when the same person is the lessee as well as the mortgagee, in the absence of proof of surrender of the lease...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Transfer of property Act, Section 58,105-- Mortgage - deed whether a sham transaction when in reality intention to create tenancy - Claim to be in possession for a considerable period but no document produced or even its own books of account to establish plea of tenancy, no cogent or reliable evidence which could give inference that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1997
Details
Transfer of Property Act, 1882, Section 61, 58-- Redemption of usufructuary mortgage - By lapse of time - Usufructuary mortgagor does not lose his title or right of redemption...........
MADHYA PRADESH HIGH COURT
Year of decision: 1996
Details
Transfer of Property Act, 1882, Section 58, 83, M.P.Accommodation Control Act, 1961, Section 12(1)-- Tenant - Becoming mortgagee under a mortgage deed - Redemption - No stipulation in mortgage deed that on redemption mortgagee would lose his status as tenant - On redemption status of tenant would survive - Putting an end to tenancy right by resorting to contract would be in breach of the..........
SUPREME COURT OF INDIA
Year of decision: 1993
Details
Limitation Act, 1963, Article 61(a), 65, Transfer of Property Act, 1882, Section 58, 60-- By operation of law mortgage ceased to exist and mortgagor acquired the right to recover the possession - Case falls under Article 61 (a) and not Article 65 of Limitation Act - Limitation is 30 years...........
BOMBAY HIGH COURT
Year of decision: 1992
Details
Contract Act, 1872, Section 2(f), Transfer of Property Act, 1882, Section 58-- Bank loan on execution of mortgage deed and promissory note - Mortgage deed executed one day prior to payment of loan amount - Mortgage deed cannot be said to be void for want of consideration - Reciprocal promises made by the promisor to advance the amount formed and the promise to repay the..........
BOMBAY HIGH COURT
Year of decision: 1992
Details
Negotiable Instruments Act, 1881, Section 4, Transfer of Property Act, 1882, Section 58-- Loan advanced on execution of promissory note and mortgage deed - Trial Court disallowing part of the claim on the ground that the said amount was not shown in the statement of account - Held, clerical lapse cannot wipe out contractual liability flowing from promissory note and mortgage deed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Transfer of Property Act, 1882, Section 58-- Transfer of interest in immovable property by way of mortgage - All advances of money made both prior to date of mortgage or subsequent thereto covered by mortgage - One mortgage covers all such advances - First mortgage merges in subsequent mortgage - Limitation runs from last date of advance so..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1985
Details
Transfer of Property Act, 1882, Section 58(f), 59-- Mortgage by deposit of title deeds (also known as equitable mortgage) - Not compulsorily registrable - No writing necessary - Parties if choose to put agreement with regard to transaction, of mortgage by deposit of title deeds, in writing, that document will exclude all other evidence unless..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1981
Details
Transfer of Property Act, 1882, Section 58-- Mortgage - Transfer of interest in land - Redemption of mortgage - Involves retransfer of legal right back to mortgagor - Amounts to acquisition by transfer...........

Showing : 151-160 of 166 Results