Supreme Court of India

Raj Kishore (dead) by Lrs. v. Prem Singh & Ors.

Neutral citation
Reported as [2010] 14 S.C.R. 1019
Bench Markandey Kat Ju and T.S. Thakur JJ.
Decided 10 December 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the aforesaid reasons, the appeal fails and is dismissed.

Judgment, page 18

From the headnote

Transfer of Property Act, 1882: s.58 - Mortgage by conditional sale - Held: For c transaction to constitute mortgage by conditional sale, it is necessary that the condition is embodied in the document that purports to effect the sale - Mortgage. s. 58(e) - Mortgage - Essential conditions for a transaction to constitute an English mortgage - Held: What is important in terms of the requirement of s.58(e) is not that . the purchaser has agreed or bound him:;elf to transfer the property by a particular date but that the seller has bound himself to pay the amount by a certain date - In the instant

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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