Showing : 51-60 of 492 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to re-purchase - Father of plaintiff raised a loan to discharge his debts for which purpose he executed the mortgage - There is no condition in the deed that sale will become absolute after expiry of five years's period - Father of plaintiff is..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Registration Act, 1908, Section 17-- Immoveable property can be transferred only by a Registered document - There can be no transfer of any right, title or interest in any immoveable property except by way of a registered document...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 54, 55, 53A-- U, registered agreement to sell - Does not meet the requirements of Ss.54, 55 of the Act - However, same can only be used as a defence in proceedings initiated by transferor or by any person claiming under him with respect to S.53-A of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 109-- Transfer of landlord's right in favour of transferee - Attornment is not necessary to confer validity of transfer of landlord's rights, as S.109 of the Act does not require that transfer of right of landlord can take effect only if tenant attorns to him...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 60-- Mortgage - Extinguishment of right to redeem - Right to redemption survives only till confirmation of sale and not thereafter - Plaintiff losses the right to sue for redemption of mortgaged property when mortgaged property is put to auction sale in a suit for foreclosure and sale certificate is..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 60-- Mortgage - Redemption - Right to enforce claim for equity of redemption is a statutory right under the Act - It necessarily presupposes the existence of a mortgage - Right to redeem stands extinguished either by act of parties or by operation of law in the form of a decree of Court under the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 60, 91-- Mortgage - Redemption - Appellants being purchasers of equity of redemption can have or claim no better rights u/s 91 of the Act than what their predecessor-i, interest had u/s 60 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Sales of Goods Act, 1930, Section 30-- Sale and Agreement to sell - Distinction - Sale takes place when property in goods is transferred from seller to buyer - If transfer of property in case is to take place at future time or subject to conditions that are stipulated in contract of sales of goods, then contract is merely an agreement..........
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..........

Showing : 51-60 of 492 Results