Search Results for Tag : Mortgage

Judgments

Right to redemption survived only till confirmation of sale and not thereafter(19.06.2017)

In facts of present case, Appellants' Suit for redemption of mortgage was decreed by Principal Junior Civil Judge. Decree was reversed in AS No. 65 of.....

Tags : Mortgage, Redemption, Grant

News

SC: Person Having Security Interest Over Property of Corporate Debtor Not 'Financial Creditor'(27.02.2020)

Supreme Court has upheld the order of National Company Law Tribunal which cancelled the mortgages made by Jaypee Infratech Ltd to secure the debts of .....

Tags : Supreme Court, Mortgage by Corporate Debtor to Secure Debts

Kerala HC: State Can Bring Entire Territory for Enabling Mortgage by Deposit of Title-Deeds(16.12.2021)

Kerala High Court has observed that the provisions of Section 58(f) of the Transfer of Property Act, 1882 pertaining to Mortgage by deposit of title-d.....

Tags : Kerala High Court, Enabling Mortgage by Deposit of Title-Deeds

SC: Right to Redeem Mortgage Can be Extinguished Only by Process of Law(20.04.2020)

Supreme Court has decreed a suit applying the principle that right to redeem a mortgage can be extinguished only by a process known to law.

Tags : Supreme Court, Mortgage

Supreme Court: Sale With Just Condition of Retransfer Not Mortgage(18.07.2019)

Supreme Court has held that sale with a mere condition of retransfer is not a mortgage. It further held that any recital relating to mortgage or the t.....

Tags : Supreme Court, Mortgage

NCLAT: Bank in Whose Favor Mortgage Rights Were Created Over Property of CD Can’t Seek Exclusion(14.04.2025)

NCLAT New Delhi bench has held that a bank cannot seek exclusion of a property of the Corporate Debtor from the Resolution Plan where mortgage rights .....

Tags : NCLAT New Delhi, Resolution Plan, Mortgage Rights

SC: Right of Equity of Redemption of Mortgage Is Subsidiary to Right of Ownership(18.08.2021)

Supreme Court has observed that the right of equity of redemption is subsidiary to the right of ownership. The Court has observed that the expression .....

Tags : Supreme Court, Right of Equity of Redemption of Mortgage

SC: Right to Redeem Mortgage Extinguishes Once Bank Publishes Auction Notice(22.09.2023)

Supreme Court has held that right of the borrower to redeem the secured asset stands restricted till the date of publication of sale notice under SARF.....

Tags : Supreme Court, SARFAESI, Mortgage, Redeem, Auction Notice

Bombay HC: Mortgage, Enforcement and Related Reliefs Not Subject to Arbitration(15.10.2025)

Bombay High Court has held that mortgage enforcement is a right in rem and thus non-arbitrable. Disputes involving such enforcement must be pursued th.....

Tags : Mortgage, Arbitration, Dispute

NCLAT: Unenforced Equitable Mortgage is Corporate Debtor’s Asset, Not to Be Treated as Margin Money(31.10.2025)

NCLAT set aside the NCLT Mumbai order directing 5% of Frost International Ltd’s FLCs, LCs, and BGs be excluded from its assets and treated as margin m.....

Tags : Mortgage, Corporate Debtor, Asset

NCLT Hyderabad: Mortgaging Property Without Lending Money Does Not Constitute Financial Debt(22.12.2025)

NCLT Hyderabad held that a person who merely mortgages property as collateral without advancing any funds cannot be considered a financial creditor of.....

Tags : Mortgage, Lending, Property

NCLT Mumbai: CIRP Claims Cannot Invoke the 12-Year Limitation Period For Enforcing Mortgage Rights(09.01.2026)

NCLT Mumbai has held that secured creditors cannot rely on the 12-year limitation period applicable to enforcement of mortgage rights while filing cla.....

Tags : Claims, Limitation Period, Mortgage Rights

Gujarat High Court: Conditional Sale Mortgage Differs From Sale with Repurchase(20.02.2026)

Emphasizing the distinction between mortgage by conditional sale and sale with a condition to repurchase, Gujarat HC reiterated that where a transact.....

Tags : Conditional Sale, Mortgage, Repurchase