Showing : 261-270 of 2260 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 17A, 18B, Constitution of India, 1950, Article 246(1)-- Enforcement of security interest - Doctrine of pith and substance - Transfer of property, by way of sale or assignment, is only one of several measures of recovery of a secured debt owing to a bank - Hence, SARFAESI, as a whole, cannot possibly be said to be in pith and substance - Therefore,..........
KERALA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 55(5)(b)-- Statutory charge - Charge of buyer for purchase-money properly paid effective not only against the seller, but also against all persons claiming under him, irrespective of notice of such payment of purchase-money...........
KERALA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 55(5)(b)-- Statutory charge - Charge comes into force the moment buyer pays purchase money or any part thereof and such charge would be lost only if the buyer commits default...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 54, 58-- Sale or mortgage - Loan amount - Sale deed in question was executed only as a security for loan - Plaintiff never intended to sell the property to defendants as per sale deed and agreement - Sale deed also not indicating it to be mortgage by conditional sale as per S.58(e) of T.P.Act - It is..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 54, 58-- Sale or mortgage - Loan amount - Inadequacy of sale consideration stated in sale deed indicates that plaintiff not intended to sell the property to defendants - Sale deed in question held, rightly declared to be mortgage as a security for repayment of loan taken by plaintiff...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Rent and Eviction-- Once tenancy is created either orally or in writing with respect to a land or building then it is always subject to relevant provisions of Transfer of Property Act or State Rent Acts - Ss.105 to 111 of Transfer of Property Act provide certain safeguards, create some statutory rights, obligations,..........
KERALA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 105-- Lease - Renewal clause - Specific performance - Parties intended to renew the lease by execution of a fresh lease deed and not a mere extension of the lease under existing lease deed - No formula or machinery provided in the lease deed in order to decipher the rate of rent or the duration of lease..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 54-- Sale - Expression `only' in S.54 of the Act is significant - Transfer comes into effect and becomes valid and effective only by a registered instrument - Date of registration of document is crucial in as much as transfer is effected and title passes only upon registration...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 107-- Lease - Unregistered - Is inadmissible in evidence except for collateral purposes being unregistered, same principle of law will apply to letter and will not be admissible in evidence to show extension of period of tenancy, which cannot be stated to be collateral purpose by any stretch of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 107-- Lease - Termination - If tenants do not prove to be good teans that can also be valid ground from termination of tenancy...........

Showing : 261-270 of 2260 Results