Showing : 21-30 of 41 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 60, 62, 67, Limitation Act, 1963, Article 61(a)-- Usufructary Mortgage - Suit by mortgagee for declaration to the effect that they have become onus of land by prescription - Contention that after expiry of period of limitation to sue for foreclosure, the mortgages have a right to seek declaration in respect of their title over the suit property -..........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Limitation Act, 1963, Article 61(a)-- Redemption of mortgage - Five years period for redemption - Suit filed within 30 years thereafter is within limitation...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 61-- Plaint - Amendment - Sought at First Appellate stage - Application dismissed on ground of limitation - Suit for possession by way of redemption of land - Mortgage deed executed in the year 1922 for a period of 25 years - Right to redeem would arise after the expiry of time so fixed - Suit filed in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61-- Limitation for redemption of usufructuary mortgage - 'Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption' ? Matter referred to DB. Editorial Note - Also see Harbans vs. Om Parkash & ors...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61(a)-- Usufructuary mortgage - Redemption - Limitation - 30 years - When it is stipulated that mortgagee is entitled to be in possession till redemption then right to redeem accrues immediately on execution of the mortgage deed and mortgagor has to file a suit for redemption within 30 years from the date..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Section 18, Article 61(a)-- Usufructuary mortgage - Suit for redemption - Loan of Rs.300/- taken under a usufructuary mortgage - Mortgagee assigned mortgage in favour of `SI' - Assignee died leaving surviving his widow and son - Mortgagor filed suit for redemption - Mortgage debt stood discharged by S.9 of the Tamil Nadu..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Limitation Act, 1963, Article 61(a)-- Usufructuary mortgage - Suit for Redemption - Limitation - Usufructuary mortgage not fixing any date for repayment of the mortgage money - Stipulation that mortgagee is entitled to be in possession till redemption - Right to redeem accrues immediately on the execution of the mortgage deed -..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61-- Usufructuary mortagage - Right of redemption - Rule against clog on equity of redemption - A mortagage is always redeemable - Mortagagors right of redemption cannot be taken away or limited by any contract between the parties - No period of limitation to redeem the usufructurary mortagage and/or..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 34, Limitation Act, 1963, Article 61-- Mortgage - Purchaser of equity of redemption - Original owner mortgaged suit property and mortgagee put in possession - Original owner sold 67 cents from the suit property to plaintiff by a registered sale deed with a recital that there is a mortgage and plaintiff had thus purchased the equity of..........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Transfer of Property Act, 1882, Section 60, Limitation Act, 1963, Article 61-- Mortgage - Redemption - Mortgage deed providing for redemption at any time after expiry of five years from date of execution of mortgage but providing for delivery of possession only after Caitrapadya day obviously to enable the mortgagees to harvest the crop and to deliver possession - Such..........

Showing : 21-30 of 41 Results