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Results of mortgage

Showing : 361-370 of 710 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 11, 96 -- Resjudicata - Right to file appeal - Suit for title on account of succession - Dismissed - Finding regarding tenancy of co-defendant - Not to operate as resjudicata in subsequent suit for redemption of mortgage as (i) Dispute regarding tenancy not substantially matter in issue in earlier suit, and (ii) Plaintiff has no right to..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 60, 62 -- Redemption of Mortgage - Limitation - Suit for possession by way of redemption -Mortgagor asserting mortgage of property effected vide Mutation dated 19-2-1919 - Exact date of mortgage not known/disclosed - Suit filed within 7 years of commencement of Limitation Act - Onus to prove suit beyond limitation on mortgagee -..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 96 -- Suit for possession by way of redemption of mortgage - Trial Court after considering evidence held that relationship of Mortgagor and mortgagee stand proved - Lower Appellate Court without discussing any evidence on record reversed the finding and held that particulars of mortgage neither specified nor proved - Findings of first..........

KERALA HIGH COURT

Year of decision: 2006
Details

Registration Act, 1908, Section 17 -- Mortgage - If the memorandum as such does not evidence creation of mortgage and reveals only what happened earlier, it does not require registration - Decisive question is the time factor and not the date...........

GAUHATI HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sale of property during pendency of suit - Subsequent purchaser created equitable mortgage of suit property in favour of Bank - Plaintiff by amendment of plaintiff sought declaration that equitable mortgage by suit property in favour of bank is null and void - Mortgagee..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2006
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Composite decree - Mortgage decree and a personal decree against borrower of land and guarantor - D.H. can execute the decree either by sale of mortgaged property or against borrower or guarantor or both - D.H. cannot be directed to first sell the mortgaged property and for recovery of balance amount he should proceed..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - It is a transfer by the owner (Mortgagor) of an interest in an immovable property for securing the amount advanced/to be advanced by the creditor (Mortgagee), under which possession of property is delivered to the mortgagee with authority to retain such possession and enjoy the rents and profits..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Right of redemption can be extinguished during subsistence of mortgage only by act of parties or by decree of a Court...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Section 27 -- Mortgage - On expiry of period of limitation prescribed under the Limitation Act, the mortgagor would lose his right to redeem and the mortgagee becomes entitled to continue in possession as the full owner...........

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..........

Showing : 361-370 of 710 Results