Commercial Suits under Order 1 Rule 10 and Order 6 Rule 17 of the Code of Civil Procedure-if, by permitting plaintiffs to amend the plaint including a prayer clause nature of the suit is likely to be changed, in...
Mortgage
That the borrower defaulted in payment of the appellant-bank and Vaidanath Bank in the year 2010. Both the banks initiated separate recovery proceedings against respondent no.1 and the borrower. A Recovery Certificate dated 6.2.2010 was issued in favour of...
The Farm Credit Administration (FCA or we) issues this direct final rule adopting administrative amendments to eliminate requirements for the Federal Agricultural Mortgage Corporation (Farmer Mac or the Corporation) to submit paper copies of certain reports to the FCA's...
No such memorandum can be within the section (S. 17, Registration Act) unless on its face it embodies such terms and is signed and delivered at such time and place and in such circumstances as to lead legitimately to...
Ganpati Babji Alamwar (D) by LRS. Ramlu and Others Vs. Digambarrao Venkatrao Bhadke and Others- 12/09/2019

10 min read
Mortgage by conditional sale-There must exist a debtor and creditor relationship. The valuation of the property, and the transaction value, along with the duration of time for reconveyance, are important considerations to decide the nature of the agreement.
Dismissal of an earlier suit for redemption whether as abated or as withdrawn or in default would not debar the mortgagor from filing a second suit for redemption so long as the mortgage subsists.
“Complete usufructuary mortgage” means a transfer by a tenant of the right of possession in any land for the purpose of securing the payment of money or the return of grain advanced or to be advanced by way of...
Supreme Court in Jayasingh Dnyanu Mhoprekar and Another Vs. Krishna Babaji Patil and Another, held: It is well settled that the right of redemption under a mortgage deed can come to an end only in a manner known to...
V. Ramaswami Aiyengar and others Appellant Versus T. N. V. Kailasa Thevar [SC 1951 March]
15 min read
Keywords: Execution of Mortgage Decree The general law undoubtedly is that a mortgage decree is one and indivisible and exceptions to this rule are admitted in special circumstances where the integrity of the mtge. has been disrupted at the...
KEYWORDS:- Mortgage- loan The issue with regard to validity of the mortgage on the strength of which the loan was sanctioned and obtained was not raised at any point of time in any of the earlier proceedings. It was...
KEYWORDS:-Redemption of Mortgadge- Mortgadge by Conditional sale-Sale with a condition for repurchase- The document in question was a sale deed with an option to repurchase and not a mortgage by conditional sale. SUPREME COURT OF INDIA [Civil Appeal No.1300...
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