Transfer of Property Act, 1882, Section 58(c) -- Mortgage with conditional sale - Distinction between mortgage by way of conditional sale and a sale with condition of repurchase - In the former debt subsists and a right to redeem remains with the debtor but in case of the latter the transaction does not evidence an arrangement of lending and borrowing and thus right to..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Mortgage by conditional sale and sale with condition of purchase - Distinction - i) In mortgage by way of conditional sale debt subsists and right to redeem remains with debtor/mortgagor but in case of sale with a condition to repurchase no debt subsists and no right to redeem is reserved, as it is not a lending or..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Sale with condition of re-conveyance and mortgage by conditional sale - Distinction - (i) Mortgage by conditional sale must be evidence by one document, whereas sale with a condition of re-conveyance/re-transfer may be evidenced by more than one document. (ii) In mortgage, debt subsist and right to redeem remains with..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Demand of Ten thousand rupees after four years of marriage - Demand not believable as accused and deceased doing labour work and also for the reason that earlier an amount of Rs.5,000/- paid after borrowing and person from money borrowed not examined to prove this fact - Held, evidence led by prosecution not..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale and sale with a condition of repurchase - Distinction - In a mortgage, debt subsists and a right to redeem remains with the debtor; but a sale with a condition of repurchase is not a lending and borrowing arrangement - There does not exist any debt and no right to redeem is reserved thereby - An..........
Banking service -- Opposite party has agreed to act as a ' banker to the issue' and in that capacity it had received applications for allotment of shares and money for the same purpose from the public and held such money in the specified account - Opposite party/ Bank transferring Rs.39 lakhs from the public issue account to the complainant cash credit limit account -..........
Pronote -- Company - Pronote executed by Chief Executive of Company borrowing the amount to pay electricity bills of the Company - Seal of company affixed - Endorsement of payment also signed by him affixing the stamp of the company - Management of company cannot deny its liability to pay the amount due under the pronote on the ground that the said transaction does not..........
Agreement to sell -- Suit for specific performance - Sale consideration is the money due under two promissory notes - Agreement to sell not executed contemporaneously at the time of borrowing money under pronotes but executed six months thereafter - Inference cannot be drawn from the agreement that it was only a security for payment of outstanding loan and not an agreement..........
Service -- Deputation - When a deputationist is repatriated, he cannot claim promotions in the parent department on the basis of officiation in higher post in the borrowing organisation...........
Evidence Act, 1872, Section 137, 138 -- Suit for recovery of money against two partners - One partner admitting borrowing of money - Second partner alleging that no money can be borrowed without his consent - Second partner not given opportunity to cross-examine first partner - Second partner by raising claim adverse to that of first partner has a right to cross examine..........
