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Results of mortgage decree

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Showing : 51-60 of 129 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Transfer of Property Act, 1882, Section 60, Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Mortgage - Right of mortgagor to reedem - Extinguishment of right by decree of Court - Right to reedem continues to exist at all times but before confirmation of sale of mortage property irrespective of decree of sale is granted - Even second suit to seek redemption would be..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 34,, Rule 7, 8, Limitation Act, 1963, Section 6, 7, 8 -- Redemption - Person under disability - Limitation - Extension of time to deposit the redemption money - Anomalous mortgage - Petitioner filed the suit for possession by way of redemption as minor through guardian on 27.11.1980 - Suit partly decreed on 29.10.1981 - Preliminary decree..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 34, Rule 8(1), Limitation Act, 1963, Article 137 -- Mortgage & other than usufructuary - Suit for possession by way of redemption - Limitation for getting the final decree passed - Limitation is three years from the date fixed in the preliminary decree, unless it is stayed or suspended or the time prescribed in the preliminary decree is..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 34,, Rule 8(1), Civil Procedure Code, 1908, Section , Order 34,, Rule 7(2) -- Usufructuary mortgage - Redemption - Final decree - The mortgagee is not entitled to apply for final decree - Only a mortgagor can apply to the Court to pass a final decree on payment of the amount found due under the preliminary decree till his right to redeem..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 34,, Rule 7, 8 -- Usufructuary mortgage - Redemption - Preliminary decree - Default in depositing the mortgaged amount - Mortgagor in usufructuary mortgaged is not debarred from a right to redeem the mortgaged property...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 34,, Rule 7, 8 -- Mortgage by conditional sale or anomalous mortgage - Final decree - Failure to pay the amount declared due by preliminary decree - The mortgagee can pray for passing a final decree debarring the mortgagor from claiming his right to redeem the property...........

KERALA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 60(1)(c) -- Attachment - Exemption from attachment - Provision is not applicable to a mortgage decree as there is no necessity for attachment either in execution or on the original side...........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Land Acquisition Act, 1894, Section 27, 28, 31, 34, Civil Procedure Code, 1908, Order 21, Rule 1 -- Execution of money decree or award decree or decree other than mortgage decree - Rule of appropriation - Interest ceases to run on amount deposited - Short deposit - Decree holder entitled to appropriate amount first towards interest then towards costs and then towards..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Property mortgaged - Sold to plaintiff with a right to redeem the mortgage - Suit for redemption & mesne profit - Defendant contending that instrument in his favour is a deed of sale with a condition of purchase - Decreed by trial Court holding instrument to be a mortgage with conditional sale..........

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..........

Showing : 51-60 of 129 Results