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 58(c) -- Mortgage by conditional sale - Ingredients - Transaction must be an ostensible sale and evidenced by one document - Must contain condition that on default of payment of mortgage money on certain date, the sale shall become absolute or on payment of such money the sale shall become void or on payment of such money buyer shall..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Property mortgaged - Sold to plaintiff with a right to redeem the mortgage - Suit for redemption & mesne profit - Defendant contending that instrument in his favour is a deed of sale with a condition of purchase - Decreed by trial Court holding instrument to be a mortgage with conditional sale..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For applicability of the provision conditions required are: (1) There must be a contract to transfer for consideration of any immovable property; (2) The contract must be in writing, signed by the transferor, or by someone on his behalf; (3) The writing must be in such words from which the terms necessary to..........
Transfer of Property Act, 1882, Section 53A -- Part performance - If defendant complies with the necessary ingredients of the provision of S.53-A TPA then law of limitation does not come in his way to protect his possession of suit property...........
Hindu Law -- Gift of property to deity - Gift deed is admissible in evidence even if not registered. (Registration Act, 1908, S.17)...........
Land Acquisition Act, 1894, Section 18, 23 -- Evaluation of land - Acquired land near town - To be evaluated as urban property even if the property at the time of acquisition is used as agricultural property...........
Land Acquisition Act, 1894, Section 18, 23 -- Assessment of compensation - Classification of land - Land of village Sohana acquired for setting of Industrial Area SAS Nagar - Collector and Reference Court assessed compensation treating acquired land to be a purely agricultural land - Acquired land adjoining developed land and industrial area situated within Municipal..........
Land Acquisition Act, 1894, Section 18 -- Duty of Court while awarding compensation - Court's attempt should always be to adequately and reasonably compensate the loss sustained by a person as a consequences of compulsory acquisition of his property by State by invoking its eminent domain power - The person who is deprived of his land is entitled to be compensated to the..........
Land Acquisition Act, 1894, Section 18, 23 -- Valuation of immovable property - Not a science - Cannot be made by merely applying algebraic formula - Some room has to be allowed for conjectures and guess work - The Court while determining the market value should consider evidence adduced as to the nature, situation, income and potential of land...........
