Showing : 81-90 of 518 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with a condition to repurchase - Nature of document - Document in question is a mortgage with conditional sale for the following reasons: (i) plaintiff was owner of suit land; (ii) transaction is concluded in one document; (iii) document styled as a `Deed of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Partnership Act, 1932, Section 69-- U, registered partnership firm - Sale by one partner of property belonging to firm without consent of other partners - Other partners seeking cancellation of sale - Basis of suit whether co-ownership or factum of partnership - Clause 25(d) of the Partnership deed states that "no partner of the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2)-- Lease by Municipality - Renewal - Municipality has no authority to grant lease for a period exceeding 10 years without prior permission of State Government - Since State Government had only granted permission to lease the land till the year 2012, therefore, appellant has no inherent right to claim..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2)-- Lease - Renewal of - Original lease was granted for running an oil mill - Admittedly, as on date, there is no oil mill situated on the land - Lease property is public property leased out at a very meager rent - It cannot be utilized for a purpose other than purpose for which it was leased out -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2)-- Lease - Renewal - Leased property a public property and leased out at a very meagre rent - Property utilised for a purpose other than that for which it was leased out - Held, property cannot be utilised for a purpose other than the purpose for which it was leased out - Appellant not entitled to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 54-- Cancellation of sale deed - Sale consideration of Rs.19,900/- out of Rs.20,000/- paid 11 years earlier - In the absence of any account or document the same cannot be accepted - Signatures on sale deed were got in the garb of getting grants disbursed to patients suffering from disease of leprosy -..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(1), (4), Security Interest (Enforcement) Rules, 2002, Rule 8(5), Constitution of India, 1950, Article 35A, 246, Jammu and Kashmir Transfer of Property Act, 1977, Section 140-- Enforcement of security interest - Anything that comes in the way of SARFAESI by way of a Jammu and Kashmir law must necessarily give way to the said law by virtue of Art.246 of the Constitution of India as extended to the State of Jammu and Kashmir r/w S.5 of the Constitution of Jammu and Kashmir..........
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,..........
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...........

Showing : 81-90 of 518 Results