Showing : 51-60 of 2365 Results

KARNATAKA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 52-- Transfer pendente lite - Suit property allotted to the share of plaintiffs in partition of 1982 - Even compromise was entered into between plaintiff and defendant no.1 holding said share of plaintiff - By virtue of said compromise defendant no.1 is aware that suit property was allotted to share of..........
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 -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(f)-- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 106-- Notice - Notice to quit must be construed not with the idea of finding fault with it, which would render it defective, but it must be construed at res magis valeat quam pereat - The same should not be read in a hyper technical manner, but it should be read as to what the same would have meant to..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 22, 24-- Displaced person - Migrant from Pakistan - Allotment of property - Dispute regarding valuation of property - Property in question offered for transfer to original allottee in the year 1985 - However, original allottee aggrieved by valuation and price determined at that time - But he gave up his..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 106-- Notice - Lease - Once lease stood determined by efflux of time, there is no necessity for a notice of termination u/s 106 of the Act, as position of tenant on expiration of lease is of a tenant at sufferance...........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52-- Lease or licence - Differentiation - Intention assumes importance in differentiating between two transactions...........

Showing : 51-60 of 2365 Results