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agreement, dated 5th July, 1947, in which the equitable mortgage thus created and the amount borrowed by him till then ... Though such a mortgage is often described as an equitable mortgage, there is an essential distinction between an equitable mortgage
Supreme Court of India
- Cites 9 - Cited by 113 -
1965 AIR 430
India 1950-Article 136-Appeal-Execution of promissory note, equitable mortgage etc. for loans for bank- Proof-Statutory presumption ... note-Consideration-Presumption of-Proof of execution of pronote, equitable mortgage etc. for bank loans-Liability of defendant
Supreme Court of India
- Cites 6 - Cited by 27
title deeds with a view to create an equitable mortgage. He gave the title deeds to the father. The title ... that moment the creation of equitable mortgage by deposit of title deeds was complete. Then the letter
Supreme Court of India
- Cites 8 - Cited by 16 -
AIR 1970 SC 659
- S Sikri
enforcement of the equitable mortgage. The appellant resisted the suit by pleading that the suit was barred by Order ... vehicle to one Fernandes, that there was no valid equitable mortgage created and no amount could be recovered from
Supreme Court of India
- Cites 2 - Cited by 14 - P Balasubramanyan
Singh on June 3, 1893,created at Calcutta an equitable mortgage of the property of the Roys, comprised in these ... amount secured by the three first-mentioned mortgages. The equitable mortgagees, the firm, were not made parties to these suits
Bombay High Court
- Cites 4 - Cited by 11 -
(1922) 24 BOMLR 659
- Atkinson
Ramadoss and Co. The mortgage sued upon was an equitable mortgage created by deposit of title deeds of ten items
Madras High Court
- Cites 18 - Cited by 10 -
AIR 1962 Mad 59
- Jagadisan
father had created an equitable mortgage over the attached properties in the decree-holder should bring the properties to sale ... only subject to the equitable mortgage. 3. In both the suits, the defences were that the alleged deposit of Sridhana
Madras High Court
- Cites 9 - Cited by 8 -
AIR 1974 Mad 16
- Palaniswamy
belonging to her with an intention to create an equitable mortgage over the same for the liability of 1st Defendant ... Sundarambal and the intention of Sundarambal to create equitable mortgage has not been established. Likewise, in respect of the mortgage
Madras High Court
- Cites 6 - Cited by 8
This appeal raises the question whether an equitable mortgage is unenforceable by reason of the non-registration of a letter ... mortgage was intended to take the place of the equitable mortgage. The security
Madras High Court
- Cites 4 - Cited by 8 -
(1940) 1 MLJ 561
- K Raman
according to the plaintiff, with intent to create an equitable mortgage of the property covered by the title deed ... alleges that the letter dated 1-7-1980 creating equitable mortgage and the memorandum accompanying the deposit of title deeds
Madras High Court
- Cites 9 - Cited by 6 -
AIR 1987 Mad 108
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