Supreme Court Upholds Mortgage by Conditional Sale: Leela Agrawal vs. Sarkar & Anr. (2024) LEGAL ISSUE: Whether a mortgage deed with a clause converting it into a sale upon default of payment is a mortgage by conditional sale or a simple mortgage. CASE TYPE: Property Law. Case Name: Leela Agrawal vs. Sarkar & Anr. Judgment […]
Tenant’s Right to Appeal Ownership: Supreme Court Decision in Mohan Chandra Tamta vs. Ali Ahmad (2019) LEGAL ISSUE: Can a tenant appeal a court’s finding on property ownership when the claimed owner (mortgagee) has not challenged that finding? CASE TYPE: Civil Law – Property Dispute Case Name: Mohan Chandra Tamta (Dead) Thr. Lrs. vs. Ali
Supreme Court clarifies distinction between mortgage by conditional sale and sale with repurchase option LEGAL ISSUE: Whether a transaction is a mortgage by conditional sale or a sale with a condition to repurchase when the sale and agreement to repurchase are in the same document. CASE TYPE: Property Law Case Name: Dharmaji Shankar Shinde and
