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mortgage created was not a simple mortgage but a mortgage by deposit of
title deeds. It has, however ... simple
mortgage shall, so far as may be, apply to a mortgage by deposit of
title-deeds.
18. Essentially
Debt Recovery Appellate Tribunal - Mumbai
mortgagee, the case of a simple mortgage
and a mortgage by deposit of title deeds stand ... same footing.
Like a simple mortgagee, a mortgagee by deposit of title deeds, does
not have the right to possession
Income Tax Appellate Tribunal - Cochin
Simple Mortgage deed not
registered-Evidentiary value-HELD-Since there is no registered simple
mortgage deed for having deposited ... simple
mortgage shall, so far as may be, apply to a mortgage by deposit of
title-deeds within the meaning
Karnataka High Court
registered simple mortgage over a
property and a mortgage by deposit of title deeds. The distinction lies
in this. Whilst ... simple mortgage. In any event, that is not a case where the
mortgage was a mortgage by deposit of title
Madras High Court
well, like simple mortgage, mortgage by conditional
sale, usufructuary mortgage, English mortgage and anomalous mortgage.
5. Learned Counsel ... created by deposit
of title-deeds and not through any written instrument. Simple pledge of
the title-deeds
Punjab-Haryana High Court
instrument is a document evidencing deposit of title deeds and not a simple
mortgage, as defined under Section ... quot;Mortgage by deposit of title-deeds"
falls under clause (f). Under 'Simple Mortgage', without delivering possession
Andhra High Court
Madras High Court
Easwaran vs T.K. Venkatachalam And Ors. on 9 October, 1998 Equivalent
Madras High Court
reads as under:-
58. ?Mortgage?, ?mortgagor?, ?mortgagee?, ?mortgage-money? and
?mortgage-deed? defined. ? (a) A mortgage is the transfer ... requisites of a simple mortgage or mortgage by deposit of title
deeds are (1) debt, (2) a deposit of title
Delhi High Court
provisions of simple mortgage are applicable to a
mortgage by the deposit of title deeds." In IMPERIAL BANK ... purchasers, viz., ne under simple
money decree and another under mortgage by deposit of title deed
cannot be determined
Madras High Court
Simple mortgage;
(b) Mortgage by conditional sale;
(c) Usufructuary mortgage;
(d) English mortgage;
(e) Mortgage by deposit of title-deed ... provisions which apply to Simple
Mortgage apply to mortgage by deposit of title-deeds :-
"96. Mortgage by deposit of title
Income Tax Appellate Tribunal - Delhi
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