Transfer of Property Act, 1882, Section 58(c) -- Nature of document - Document whether a document of conditional sale or a mortgage - Document titled as `conditional sale deed' - Suit for redemption of mortgage - Document was executed for the reason that plaintiff has borrowed a sum of R.3,000/- and defendant is bound to transfer the land if amount is paid within one year..........
Transfer of Property Act, 1882, Section 58 -- Re-mortgage - Could only be regarded as a fresh mortgage...........
Insolvency and Bankruptcy Code, 2016, Section 3(11), 3(30), 3(31), 5(7), 5(8), 21, 60, Transfer of Property Act, 1882, Section 58, Indian Contract Act, 1872, Section 126 -- Debt - Financial creditor - Secured Interest - Whether lenders of Holding Company of Corporate Debtor could be categorised as financial creditors of Corporate Debtor or not - Held, if corporate debtor..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Sale or mortgage by way of conditional sale - Document in question shows that property was agreed to be sold absolutely for a total consideration of Rs.35,000 - Sale deed and re-conveyance agreement executed on same day - Transaction cannot be mortgage by way of conditional sale in view of S.58(c) of the Act - Intention..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage with conditional sale or sale - Clause of re-conveyance of properties specifically mentioned in deed in question - Intention of parties was more than clear that it was a conditional sale deed/mortgage deed - Requirement of S.58(c) of the Act are fully incorporated in deed in question - Only because contingency..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Sale deed must contain a stipulation regarding re-purchase of property - If stipulation regarding re-purchase of property on payment of mortgage money is not embodied in sale deed itself, it will not be a mortgage by conditional sale - Even if condition of reconveyance is by way of separate..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Valuation of property, transaction value, along with duration of time for re-conveyance are important considerations to decide the nature of agreement as to whether an agreement is a mortgage by conditional sale or sale with an option to repurchase...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Plaintiffs mortgage their 2-1/2 acres of agricultural lands for credit purchase of daily necessities - Financial stringency of plaintiffs is apparent from their failure to repay anything even after execution of installment bond - Debtor creditor..........
Evidence Act, 1872, Section 115, Transfer of Property Act, 1882, Section 58 -- Estoppel - Suit for redemption of mortgage - Plaintiff purchased property which was mortgaged to defendant - Defendant admitted mortgage in earlier suit and was ready to hand over possession on payment of mortgage amount - He thus, estopped by his conduct to oppose redemption - Plaintiff..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Change of mutation in the name of defendant is a formidable circumstance to show that document in question is a sale deed conveying absolute right and title to defendant...........
