Showing : 321-330 of 518 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61(a)-- Usufructuary mortgage - Redemption - Limitation - 30 years - When it is stipulated that mortgagee is entitled to be in possession till redemption then right to redeem accrues immediately on execution of the mortgage deed and mortgagor has to file a suit for redemption within 30 years from the date..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Section 18-- Mortgage - Acknowledgment - Can be construed as an acknowledge if it fulfils the requirements viz. (1) Acknowledgement of liability relates to a subsisting mortgage; (2) Acknowledgment need not be in a document addressed to the mortgagor (person entitled to the property or right) - But it should..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58(d), 60-- Usufructuary Mortgage - Right of Redemption - Concept explained - A usufructuary mortgage is transfer of an interest in immovable property by the owner (mortgagor) for securing the amount advanced by the creditor (mortgagee), under which possession of property is delivered to the mortgagee -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 18, Article 61(a)-- Usufructuary mortgage - Suit for redemption - Loan of Rs.300/- taken under a usufructuary mortgage - Mortgagee assigned mortgage in favour of `SI' - Assignee died leaving surviving his widow and son - Mortgagor filed suit for redemption - Mortgage debt stood discharged by S.9 of the Tamil Nadu..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 60-- Mortgage - Redemption - Right of redemption can be extinguished during subsistence of mortgage only by act of parties or by decree of a Court...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 83, Civil Procedure Code, 1908, Section 11-- Order of Court to deposit mortgage amount - Whether operate as a resjudicata? No - Function of Court in term of Sec. 83 procedural in nature - No adjudication involved when mortgagor deposits mortgage amount - For resjudicata the matter should have been directly and substatially in a prior..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 83, Civil Procedure Code, 1908, Section 11-- Deposit u/s 83 TPA - Function of Court in terms of S.83 of Transfer of property Act is procedural in nature - Deposit u/s 83 despite objection thereto - Does not amount to res judicata...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 54, 58(c)-- Sale with condition of re-conveyance and mortgage by conditional sale - Distinction - (i) Mortgage by conditional sale must be evidence by one document, whereas sale with a condition of re-conveyance/re-transfer may be evidenced by more than one document. (ii) In mortgage, debt subsist and right..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 83-- Deposit of mortgage amount - Scope - Effect on the status of parties - Mortgagor depositing amount under Sec. 83 - Court permitted deposit - By deposit the status of the parties is not altered - For filing suit for redemption, deposit is not a pre-condition - Mortgagee cannot be compelled to..........

Showing : 321-330 of 518 Results