Supreme Court of India
Vithal Tukaram Kadam and Another v. Vamanrao Sawalaram Bhosale and Others
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.
2 Supreme Court benches have cited this judgment.
From the headnote
Transfer of Property Act, 1882 - s.58(c) - Mortgage by conditional sale - When - Appellant-plaintiff's suit for redemption of mortgage, decreed by two courts - Decree reversed in second appeal by High Court holding that the agreement in question was a sale with an option to repurchase and not a mortgage by conditional sale - On appeal, held: Whether a document is a mortgage by conditional sale, or a sale with an option to repurchase, has to be determined in the facts of each case, depending on the recitals in the document, intention of the parties, coupled with attendant surrounding
Authorities it was built on
- 1980 Arvind @ Abasaheb Ganesh Kulkarni & Ors. v. Anna @ Dhanpal Parisa Chougule & Ors.
- 1954 Pandit Chunchun Jha v. Sheikh Ebadat Ali and Another
- 1965 P. L. Bapuswami v. N. Pattay Gounder
- 2005 Ramlal and Anr. v. Phagua and Ors.
- 2008 Vishwanath Dadoba Karale v. Prisa Shantappa Upadhye (d) Th. Lrs
- 2016 Patel Ravjibhai Bhulabhaj (d) Thr. Lrs. v. Rahemanbhai M.. Shaikh (d) Thr. Lrs. & Ors.
Where later benches applied it
- 2021 Bhimrao Ramchandra Khalate (deceased) through Lrs. v. Nana Dinkar Yadav (tanpura) & Anr.
- 2019 Dharmaji Shankar Shinde and Others v. Rajaram Shripad Joshi (dead) through Lrs. and Others
Of those, 1 distinguished · 1 referred to
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