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    <title>1963 (2) TMI 67 - Supreme Court</title>
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    <description>A memorandum or letter connected with deposit of title deeds requires registration only when it is intended to embody the bargain creating the mortgage; if it is merely evidentiary of a completed deposit made with intent to create security, registration is not required. On the facts, the Court found the documents lacked essential terms such as the principal amount, interest rate, and particulars of the deeds, and were not the operative instrument of the transaction. The equitable mortgage was therefore validly created by deposit of title deeds, the documents did not require registration under Section 17 of the Indian Registration Act, 1908, and the mortgage decree was upheld.</description>
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    <pubDate>Fri, 01 Feb 1963 00:00:00 +0530</pubDate>
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      <title>1963 (2) TMI 67 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=279454</link>
      <description>A memorandum or letter connected with deposit of title deeds requires registration only when it is intended to embody the bargain creating the mortgage; if it is merely evidentiary of a completed deposit made with intent to create security, registration is not required. On the facts, the Court found the documents lacked essential terms such as the principal amount, interest rate, and particulars of the deeds, and were not the operative instrument of the transaction. The equitable mortgage was therefore validly created by deposit of title deeds, the documents did not require registration under Section 17 of the Indian Registration Act, 1908, and the mortgage decree was upheld.</description>
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      <pubDate>Fri, 01 Feb 1963 00:00:00 +0530</pubDate>
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