Search Results for "conditional sale"

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High Court

Gujarat High Court Allows Second Appeal in Mortgage Redemption Case — Concurrent Findings Set Aside for Ignoring Material Evidence and Misreading Documents. Mortgage by Conditional Sale Held Not Extinguished by Mere Delay; Right to Redeem Survives Under Section 60 of Transfer of Property Act, 1882.

28 Jan 2026

The appellant (original plaintiff) filed a suit for redemption of mortgage of a shop in Borsad, Anand. The plaintiff had executed two mortgage by cond...

Supreme Court

Supreme Court Upholds Mortgage by Conditional Sale in Property Redemption Dispute — Distinguishes from Sale with Condition to Repurchase Under Section 58(c) of Transfer of Property Act, 1882. The court affirmed that the transaction was a mortgage, not an absolute sale, and the mortgagor's heirs were entitled to redeem the property upon payment of the balance amount.

23 Apr 2019

The appeals arose from a suit for redemption of mortgage filed by the respondents-plaintiffs, who claimed that their father Shripad Joshi had mortgage...

Supreme Court

Supreme Court Allows Plaintiff in Mortgage Redemption Suit Under Transfer of Property Act, 1882, Reversing Lower Court Dismissals. The Court Held That a Document Titled 'Conditional Sale Deed' Was a Mortgage by Conditional Sale Under Section 58(c), Entitling the Plaintiff to Redeem the Property Upon Repayment.

13 Aug 2021

The dispute arose from a transaction dated 22.2.1969, where the plaintiff borrowed Rs. 3,000 from defendant No. 1 and executed a document titled 'cond...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage by Conditional Sale Case — Foreclosure Decree Denied as Transaction Held to be Mortgage, Not Sale. The court held that the document was a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882, and the appellant was not entitled to possession without a preliminary decree for foreclosure.

25 Jan 2017

The appellant, Pandurang Maruti Dombale, filed a suit for recovery of possession and profits based on a registered conditional sale deed dated 22 Nove...

Supreme Court

Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

7 Feb 2022

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

High Court

Bombay High Court Allows Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings Set Aside for Perversity. The Court held that the lower appellate court failed to consider material evidence and the issue of adverse possession, leading to a miscarriage of justice under Section 100 of the Code of Civil Procedure, 1908.

29 Nov 2016

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land bearing Gat No...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Prior Agreement of Sale as No Valid Contract Existed. The court held that the Official Assignee has the power to sell the insolvent's property free from an alleged agreement of sale that was not valid or enforceable under the Presidency Town Insolvency Act, 1909.

27 Feb 2026

The case involves an appeal filed by the Official Assignee of the High Court of Madras, representing the estate of Arjunlal Sunderdas (the insolvent),...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Attachment Under Section 60 CPC as It Was Not in Possession of Insolvent at Time of Adjudication. The Court held that upon adjudication, all property of the insolvent vests in the Official Assignee under Section 28(2) of the Presidency Towns Insolvency Act, 1909, and attachment before judgment does not prevent such vesting.

27 Feb 2026

The case arises from insolvency proceedings against Arjunlal Sunderdas (the insolvent). The Official Assignee, representing the estate of the insolven...

High Court

Bombay High Court Allows Appeal in Suit for Specific Performance — Agreement to Sell Not Proved as Genuine Due to Discrepancies in Evidence and Failure to Examine Attesting Witnesses. The Court held that the plaintiff failed to prove execution of the agreement under Section 68 of the Evidence Act and readiness and willingness under Section 16(c) of the Specific Relief Act, reversing the lower appellate court's decree.

11 Dec 2025

The present appeal arises from a suit for specific performance of an agreement to sell dated 12-12-1994 filed by the original plaintiff (since decease...

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