LegalFirms.in

Supreme Court judgments on Section 58, Transfer of Property Act, 1882

6 judgments, latest first, from 2019 to 2025. Listed when the Supreme Court Reports file the judgment's headnote under Section 58 of this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

The Cosmos Co. Operative Bank Ltd. vs Central Bank of India & Ors.
SC · 4 February 2025
[2025] 2 S.C.R. 1091 : 2025 INSC 243
Whether ‘equitable mortgages’ are recognized in India under the nomenclature of ‘charge’ in terms of Section 100 of the Transfer of Property Act, 1882 (TPA); Who holds a valid mortgage over the property—the Appellant (Co…
Leela Agrawal vs Sarkar & Anr.
SC · 19 November 2024
[2024] 11 S.C.R. 1130 : 2024 INSC 946
Whether the mortgage deed dated 17.10.1990 constitutes a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882 and whether the plaintiff is entitled to redeem the mortgage.
A.B. Govardhan vs P. Ragothaman
SC · 29 August 2024
[2024] 8 S.C.R. 1002 : 2024 INSC 640
Whether the respondent-defendant by way of the agreement agreed to create equitable mortgage by depositing the title deeds for the loan obtained by him from the appellant-plaintiff; whether there was redemption of the mo…
Case Details Prakash (Dead) by Lr. vs G. Aradhya and Ors.
SC · 18 August 2023
[2023] 12 S.C.R. 1034 : 2023 INSC 743
Transaction between the parties whether an absolute sale of the property or a mortgage.
Bhimrao Ramchandra Khalate (Deceased) through Lrs. vs Nana Dinkar Yadav (Tanpura) & Anr.
SC · 13 August 2021
[2021] 8 S.C.R. 151 : 2021 INSC 400
Transfer of Property Act, 1882: ss. 58(c) proviso and 63 – Redemption of mortgaged property – Plaintiff, owner of agricultural land borrowed Rs.3,000/- from defendant No. 1 by executing a document titled “conditional sal…
Sopan (Dead) through His L.R. vs Syed Nabi
SC · 16 July 2019
[2019] 9 S.C.R. 969 : 2019 INSC 761
Transfer of Property Act, 1882 – s.58(c) – Mortgage by conditional sale – Respondent-plaintiff received a sum of Rs.5000/- from appellant-defendant, however, same was construed as the consideration for the suit property…

All judgments on the Transfer of Property Act, 1882 · All Acts · Topics · Judges