Transfer of Property Act, 1882, Section 58 -- Conditional mortgage - Redemption - It is an equitable right - A mortgagee, who is enjoying the possession of the suit property, is not entitled to defeat that right except in due manner...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 34, Rule 14, 15 -- Loan from bank for purchase of bus - Repayment secured by hypothecating bus and further by equitable mortgage - Suit for recovery - Bank ommitted to suit on equitable mortgage without leave of Court - Subsequent suit to enforce the equitable mortgage - In a suit for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sale of property during pendency of suit - Subsequent purchaser created equitable mortgage of suit property in favour of Bank - Plaintiff by amendment of plaintiff sought declaration that equitable mortgage by suit property in favour of bank is null and void - Mortgagee..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Guarantor sold the property of which he had created equitable mortgage in favour of Bank - Bank filed suit for recovery of loan amount - Order of attachment before judgment - Purchaser of property in question being in possession of property has a right to object to the order before attachment - His property cannot be attached..........
Banking service -- Loan transaction - Equitable mortgage created by appellant after deposit of title deeds - Delay in delivery of documents after he discharged the loan - Held that mere delay in delivery of the documents by the Bank to the customer will not always amount to deficiency in service - Complainant failed to establish if any loss sustained by him in getting back..........
Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage by deposit of title deeds - Place of creation of mortgage not disclosed in plaint - Plaintiff in his evidence also not speaking about the place of deposit of title deeds - Witnesses of plaintiff not inspiring confidence - Decree against mortgaged property not sustainable...........
Transfer of Property Act, 1882, Section 58(1) -- Equitable mortgage - By deposit of certified copies - When original documents are not forthcoming or lost, equitable mortgage can be created by depositing certified copy of document...........
Transfer of Property Act, 1882, Section 58 -- Equitable mortgage - Bank loan - Deposit of original title deeds with bank - It amounts to creation of equitable mortgage...........
Agreement to sell -- Suit for specific performance - Ready and willing - Defendant had undertaken some obligations like obtaining NOC and ITC certificates etc. which he did not fulfil - Property was under equitable mortgage with PNB, which had not been cleared as such defendant is not in a position to convey a clear title - Two notices sent by plaintiff also had no effect..........
Agreement to sell -- Suit for specific performance - Property was subjected to equitable mortgage with Bank - Vendor did not disclose to plaintiff if there was any mortgage when they entered into the agreement to sell and paid purchase price - Plaintiffs are thus bona fide purchasers - Also, Bank staff had colluded with Defendant No.1 when they parted with the documents of..........
