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Rajammal And Etc. vs Raman Kutty on 18 September, 1984

50. The decisions referred to above by the learned counsel for the respondent, lay down that if the intention of the vendor clearly amounts to transfer of the legal title, such transaction cannot be called a sham transaction. It is relevant to note that in the instant case before us, consideration for Exhibits B.2 and B.3 is the undertaking on the part of the defendant-appellants to discharge the mortgage debts, and it is also relevant to note that certain amount in cash had also been paid to the vendor (plaintiff-respondent herein) by the defendants-appellants herein at the time of registration of the documents.
Madras High Court Cites 19 - Cited by 1 - Full Document

Bank Of India vs Gautam Carbon Paper Manufacturing Co. ... on 24 May, 2007

In my opinion, the present is governed by the principles laid down by the Supreme Court in the case noticed before. Considered in the light of the principles laid down there, the proper construction of Exhibit 1(c) is that it is nothing but a memorandum merely recording particulars of the title-deeds deposited earlier with the plaintiff, and that it was merely a list of the documents already deposited and nothing more. It did not at all embody the terms of the agreement between the parties and, therefore, it did not require registration.
Debt Recovery Appellate Tribunal - Allahabad Cites 6 - Cited by 0 - Full Document

Ram Kumari vs Jagarnath Choubey And Ors. on 17 December, 1997

11. It is a well settled proposition of law that where both sides adduce evidence on a particular issue, then the question of onus of proof loses its importance and the Court is required to weigh the evidence adduced by the parties and not to decide the issue only on the question of burden of proof. Reference may be made to the decision of the Patna High Court in the case of Rangabati v. United Bank of India , and the decision of the Apex Court in the case of Parasnath v. Mohani Dasi AIR 1959 SC 1204.
Patna High Court Cites 3 - Cited by 0 - M Y Eqbal - Full Document
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