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Results of transfer of property act s 58

Showing : 91-100 of 177 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2009
Details

Transfer of Property Act, 1882, Section 58(b), 60, Limitation Act, 1963, Article 61(b), 63(b) -- Simple mortgage - Suit for possession - Limitation - Right of mortgagee does not start to run with ending of mortgagor's right to sue for redemption - Time begins to run with starting of mortgagees right under Transfer of Property act...........

KERALA HIGH COURT

Year of decision: 2009
Details

Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it..........

KARNATAKA HIGH COURT

Year of decision: 2009
Details

Transfer of Property Act, 1882, Section 100, 58 -- Charge on immovable property - Provisions relating to simple mortgage - Applicability of - Held, when a charge over immoveable property is created by act of parties and such immovable property is made as security for the payment of money to another though the transaction would not amount to a mortgage, all the provisions..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Starting point when no time limit is fixed - Limitation to redeem usufructuary mortgage does not start to run on the date of mortgage but will arise on the date when the mortgagor pays or tenders to the mortgagee or deposits in Court, the..........

KERALA HIGH COURT

Year of decision: 2009
Details

Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage by deposit of title deeds - When memorandum of deposit of title deeds show the intention of parties to reduce their bargain regarding the deposit as a document creating an interest in immovable property, it is compulsorily registrable - It has no evidentiary value..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Transfer of Property Act, 1882, Section 58(c) -- Transaction whether a mortgage by conditional sale or a sale with a condition of repurchase - It is a vexed question - One of the ingredients for determining the true nature of transaction is that the condition of repurchase should be embodied in the document which effects or purports to effect the sale...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Transfer of Property Act, 1882, Section 58(c) -- Mortgage with a condition of repurchase - Ordinarily in such cases the amount of consideration remains the same...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Transfer of Property Act, 1882, Section 58 -- Clog on redemption - Mortgage of property for 85 years - No stipulation entitling mortgagor to redeem property - It is a clog on equity of redemption and is illegal...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Transfer of Property Act, 1882, Section 58 -- Sale & agreement to repurchase embodied in separate documents - Not mortgage - Time to be essence of contract - Held, that if sale and agreement to repurchase are embodied in separate documents, it cannot be a case of mortgage and in such cases relating to reconveyance time is always the essence of contract - There was..........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Transfer of Property Act, 1882, Section 58(c), Civil Procedure Code, 1908, Order 34, Rule 7(2), Limitation Act, 1963, Article 137 -- Mortgage by conditional sale - Redemption of mortgage - Preliminary decree - Amount not deposited within stipulated time - Held, it is not open to Court to grant leave to plaintiff to deposit the amount even after period stipulated in the..........

Showing : 91-100 of 177 Results