Supreme Court Clarifies Specific Performance in Property Reconveyance: C.S. Venkatesh vs. A.S.C. Murthy (2020) LEGAL ISSUE: Whether a sale deed can be considered as security for a loan, and the requirements for proving readiness and willingness in a specific performance suit for reconveyance of property. CASE TYPE: Civil (Specific Performance) Case Name: C.S. Venkatesh vs. […]
Supreme Court Decides on Mortgage by Conditional Sale: Ganpati Babji Alamwar vs. Digambarrao Venkatrao Bhadke (2019) LEGAL ISSUE: Whether a transaction constitutes a mortgage by conditional sale or a sale with an option to repurchase. CASE TYPE: Property Law Case Name: Ganpati Babji Alamwar (D) By LRs. Ramlu And Others vs. Digambarrao Venkatrao Bhadke And
Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019) Date of the Judgment: July 16, 2019 The Supreme Court of India addressed a critical question regarding the interpretation of sale deeds and related agreements in the context of mortgage by conditional sale. The core issue revolved around whether a sale deed, accompanied
Supreme Court Clarifies Mortgage by Conditional Sale: Sopan vs. Syed Nabi (2019) Read Post »
Supreme Court Upholds Mortgage by Conditional Sale Despite Separate Agreement: Atul Chandra Das vs. Rabindra Nath Bhattacharya (2019) LEGAL ISSUE: Whether a transaction can be deemed a mortgage by conditional sale when the condition for re-transfer is in a separate document, despite Section 58(c) of the Transfer of Property Act, 1882. CASE TYPE: Property Law/Mortgage
Can a document titled “Conditional Sale” be considered a mortgage? The Supreme Court of India recently addressed this question in a property dispute from Karnataka. This case examines the fine line between a conditional sale and a mortgage, impacting property rights. The judgment was delivered by Justices R.K. Agrawal and Abhay Manohar Sapre. Justice Abhay
