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applicable-However presumption rebuttable having regard to
true intention of parties-Proper law of contract-What is-
Doctrine of renvoi ... only limitation on this rule is that the intention of the
parties must be expressed bona fide
Supreme Court of India
document does not create any lease because intention of the
parties was quite manifest from the document as well ... decisive consideration is the intention of the parties. This
intention has to be ascertained on a consideration
Supreme Court of India
mortgage and the true test still is the intention of
the parties which may be gathered from the language ... order to find out the intention of the
parties. Such intention must, therefore, be gathered from the
document itself which
Allahabad High Court
settlement
agreement is signed by all the contesting parties and was
marked as Ex.C-1. It was also mentioned ... have
categorically admitted as follows:-
"given the clear intention of the parties
evidenced by this clause, Tecnotree has
concluded that
Delhi High Court
deciding the question as to what was
the intention of the parties in executing the document Courts would
have ... document their plain, grammatical meaning and determine the intention
of the parties in that manner.
If the intention
Bombay High Court
transferred, and for the purpose of ascertaining
the intention of the parties regard shall be had to the terms ... deal with the rules for ascertaining the intention of
the parties as to the time at which the property
Madras High Court
ascertain the nature of
the transaction and the intention of the parties. The nomenclature of
the document though not conclusive ... guide the court
to ascertain the real intention of the parties were considered by the
Supreme Court in Raj Kumar
Kerala High Court
clearly appears to have been the intention of the parties to create a
charge or mortgage on the property ... purpose construes the same
according to the real intention of the parties as expressed in the
writing
Bombay High Court
taken; that it
did not represent the real intention of the parties; that it was not
agreed in the sense ... taken and it does not represent the real
intention of the parties, and it was not agreed in the sense
Karnataka High Court
accepted. The learned Judge,
however, held that the intention of the parties was to create a lease ... have to gather and find out the true
intention of the parties as to whether the document creates a lease
Bombay High Court
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