The Division bench comprising of Justice Hima Kohli and Justice Rajesh Bindal in the case observed while dealing with the case wherein two documents were being executed on the same day, one was the sale deed and the other was a reconveyance or agreement of buy back deed.
The Apex Court in the case observed and has held that the proviso stated under Section 58(c) of the Act was added to create a deeming fiction that a transaction cannot be deemed to be a mortgage unless the condition for reconveyance is contained in the document which purports to effect the sale.
The Supreme Court in the case referred to the catena of judgments with regards to the interpretation as stated under Section 58(c) of the Act to reach this conclusion.
هذه القصة مأخوذة من طبعة August 24, 2023 من The Business Guardian.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
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هذه القصة مأخوذة من طبعة August 24, 2023 من The Business Guardian.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
بالفعل مشترك? تسجيل الدخول
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