Showing : 1-10 of 231 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with a condition to re-purchase - Change of mutation in the name of defendant is a formidable circumstance to show that document in question is a sale deed conveying absolute right and title to defendant...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with a condition to re-purchase - If sale and agreement to re-purchase embodied in separate documents, then transactions cannot be a mortgage by conditional sale irrespective of whether documents are contemporaneously executed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale and sale with condition to repurchase - In mortgage by conditional sale, transfer is made as a security to a loan taken by mortgagor/owner - Whereas, in a sale with a condition to repurchase, sale is made by vendor reserving with himself a right to repurchase it within..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Intention of parties - Mere incorporation of word `borrowed' and `mortgage by conditional sale' cannot by itself establish that there is a debtor-creditor relationship...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Mere fact that sale and agreement to repurchase are embodied in same document, having regard to intention of parties and surrounding circumstances making the transaction a conditional sale with option to re-purchase, document does..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Recitals of document shows that if amount not repaid within stipulated time of 5 years, transferee will have absolute right and mortgage will be treated as an absolute sale and transferee to pay land revenue and other charges -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 54-- Registered sale deed - Suit for declaration challenging sale deed - Non-examination of Sub-Registrar - Registration of sale deed carries a presumption of truth - However, withholding Sub-Registrar is one of ground for dismissal of suit, as if at all there was some truth, efforts should be made to..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Description in sale deed vague and indefinite - No title passes to the plaintiff...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Not required to be attested by marginal/attesting witnesses - Sale deed which is a registered document has to be proved by other evidence...........

Showing : 1-10 of 231 Results