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Results of mortgage

Showing : 651-660 of 710 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1983
Details

Pepsu Tenancy and Agricultural Lands Act, 1955, Section 8B, 18, 2(f) -- Tenancy rights come to end only when whole of proprietary rights come to vest in tenant at one and the same time - Mortgagee rights are part of ownership rights - Tenancy and mortgagee rights can subsist side by side - Tenancy rights if come to end either by contract of parties or by order of ejectment..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Punjab Co-operative Societies Act, 1961, Section 63, 62 -- Loan taken from State Co-operative Bank - Recovery proceedings under Punjab Co-operative Societies Act - Not permissible - Section 12 of Punjab Cooperative Land Mortgage Bank Act gives complete procedure for recovery-proceedings when loanee fails to mike repayment - Recovery can be by distraint and sale of prod ace..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Punjab Co-operative Societies Act, 1961, Section 55 -- Recovery of loan taken from Primary Co-operative Land Mortgage Bank - Remedy of distraint and sale of produce as also sale of mortgaged property under pro visions of Punjab Co-operative Land Mortgage Banks Act - In addition to other remedy available to Bank - Remedy of seeking a reference of dispute to arbitration and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Punjab Redemption of Mortgages Act, 1913, Section 13 -- Scope of - Does not require that order should have been passed on merits - Application for redemption of land - Objection by mortgagee that land mortgaged under two separate transactions and insufficiency of amount deposited by mortgagor - Collector after enquiry held that amount payable under second mortgage not..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Transfer of Property Act, 1882, Section 69 -- Stipulation in mortgage-deed permitting sale of mortgaged property - Not illegal - Land mortgaged with Government - Stipulation that in case borrower failed to repay the money in accordance with the agreement Government entitled to put hypothecated land to auction - Default in payment of mortgage money and interest - Deputy..........

FINANCIAL COMMISSIONER HARYANA

Year of decision: 1982
Details

Punjab Tenancy Act, 1887, Section 4(5), 8, 77(3)(d) -- Land under tenancy mortgaged with tenant - Redemption of mortgaged land - Suit for declaration of occupancy rights by tenant after redemption of mortgage - Tenancy rights not merged or extinguished on account of mortgage - Entitled to be declared occupancy tenant - No inconsistency or incompatibility in one person..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Redemption of Mortgages (Punjab) Act, 1913, Section 12 -- Applicability of - Dismissal of application for redemption without considering merits of the case - Question of filing a suit within one year to get rid of that order - Does not arise - Suit for redemption of mortgage under general law - Not hit by stringent provisions of Section 12 - Collector dismissed application..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1982
Details

Limitation Act, 1963, Section 3, Article 61(a) - - Suit for redemption - Onus to prove that it is within limitation - Initial burden always on plaintiff - Must prove exact date on which mortgage had taken place - Cannot be assumed on the basis of mutation or revenue entries that mortgage created on any particular date - Such entries only prove existence or subsistence of..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1981
Details

Transfer of Property Act, 1882, Section 58 -- Mortgage - Transfer of interest in land - Redemption of mortgage - Involves retransfer of legal right back to mortgagor - Amounts to acquisition by transfer...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 1981
Details

Punjab Security of Land Tenures Act, 1953, Section 19A -- Mortgage with possession - Comes within ambit of word 'transfer' in Section 19-A - Redemption of mortgage with possession - Involves retransfer of legal right back to mortgagor - Amounts to acquisition by transfer within meaning of Section 19-A - Whether transfer made by act of parties or involuntarily by operation..........

Showing : 651-660 of 710 Results