Showing : 1281-1290 of 2091 Results

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
Transfer of Property Act, 1882, Section 58(d), 60-- Usufructuary Mortgage - Right of Redemption - Concept explained - A usufructuary mortgage is transfer of an interest in immovable property by the owner (mortgagor) for securing the amount advanced by the creditor (mortgagee), under which possession of property is delivered to the mortgagee -..........
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..........
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 from the date..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 58, Limitation Act, 1963, Section 18-- Mortgage - Acknowledgment - Can be construed as an acknowledge if it fulfils the requirements viz. (1) Acknowledgement of liability relates to a subsisting mortgage; (2) Acknowledgment need not be in a document addressed to the mortgagor (person entitled to the property or right) - But it should..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Hindu Adoptions and Maintenance Act, 1956, Section 27, 28, Transfer of Property Act, 1882, Section 39, 52-- Maintenance - Charge on property - It will be highly unconscious and unjust to permit husband to alienate his property with an oblique motive to defeat the legal right of maintenance of his wife - A party cannot be permitted to transfer its land which is likely to be required for execution of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 33, Order 20-- Judgment and decree - Wrong citation of the provision of the Act - Suit filed by the wife for claiming maintenance and for creating 'maintenance' as charge on the property - Courts below allowed the suit by placing reliance on Sections 27 & 28 of the Hindu Adoption & Maintenance Act, 1955 and..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 83-- Deposit of mortgage amount - Scope - Effect on the status of parties - Mortgagor depositing amount under Sec. 83 - Court permitted deposit - By deposit the status of the parties is not altered - For filing suit for redemption, deposit is not a pre-condition - Mortgagee cannot be compelled to..........

Showing : 1281-1290 of 2091 Results