Showing : 311-320 of 518 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 54-- Sale - Stamp duty - Ordinarily transferee pays the stamp duty...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage with conditional sale - Distinction between mortgage by way of conditional sale and a sale with condition of repurchase - In the former debt subsists and a right to redeem remains with the debtor but in case of the latter the transaction does not evidence an arrangement of lending and..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 54, 58(c)-- Mortgage by conditional sale and sale with condition of purchase - Distinction - i) In mortgage by way of conditional sale debt subsists and right to redeem remains with debtor/mortgagor but in case of sale with a condition to repurchase no debt subsists and no right to redeem is reserved, as it..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - Ingredients - Transaction must be an ostensible sale and evidenced by one document - Must contain condition that on default of payment of mortgage money on certain date, the sale shall become absolute or on payment of such money the sale shall become void or on..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Companies Act, 1956, Section 2(12)-- Transfer of Property Act, 1882, Sections 130 to 137 - Bonds - Actionable claim - Suit bonds held to be nothing but debentures within the meaning of Section 2(12) of the Companies Act - A debenture is an actionable claim - Section 137 of the TP Act exempts debenture inter alia from the provisions..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 12-- Mesne profits - Unauthorised occupant - Liable to pay rent equivalent to mesne profits with effect from the date from which they are found to have ceased to be entitled to retain possession of the premises as tenants and for such period the landlord's entitlement cannot be pegged down to the..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 12-- Mesne profits - Tenant litigating for 25 years without payment of arrears and occupation charges falling due month by month - Tenant directed to pay a sum of Rs.2 lakhs as a condition to pursue their writ in High Court...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 106, 111(h), 113-- Notice to quit - Acceptance of rent by landlord after the said notice - Waiver of notice to quit - Mere acceptance of rent does not amount to waiver of notice to quit - There must be some act on the part of the landlord showing his intention to treat the lease/tenancy as subsisting...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 106, 113-- Notice to quit - Acceptance of rent after issuance of notice to quit and even after institution of suit - Held, mere acceptance of rent does not amount to waiver of notice to quit unless there is any other evidence to prove or establish that landlord so intended...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58(d)-- Usufructuary mortgage - It is a transfer by the owner (Mortgagor) of an interest in an immovable property for securing the amount advanced/to be advanced by the creditor (Mortgagee), under which possession of property is delivered to the mortgagee with authority to retain such possession and enjoy..........

Showing : 311-320 of 518 Results