Haryana Ceiling on Lands Holdings Act, 1972, Section 8 -- Computation of permissible area - Petitioner sought exemption of land held by him as mortgagee - Held, a mortgagee cannot at any time seek for exclusion of property mortgaged to him from permissible area under the Act of 1972 - Land owner that transfers property by mortgage, continues to be its owner - Such a..........
Civil Procedure Code, 1908, Order 34, Rule 2 -- Mortgage suit - Passing of preliminary decree - Factors to be taken into account - Held, in a mortgage suit, a preliminary decree can be passed only after undertaking some exercise, such as ascertaining the costs, component of interest, as indicated U.O.34.R.2 CPC - A two-line pronouncement, namely, that `the suit as prayed..........
Arbitration and Conciliation Act, 1996, Section 8 -- Arbitration - Mortgage suit - Jurisdiction of Courts - Mortgage is transfer of right in rem - Mortgage suit for sale of mortgaged property is action in rem, for enforcement of right in rem - Suit on mortgage is not mere suit for money - Suit for enforcement of mortgage being enforcement of right in rem, will have to be..........
Transfer of Property Act, 1882, Section 59 -- Oral mortgage in the State of Haryana - Not permissible after 05.08.1967, in respect of secured amount of more than Rs.100/-...........
Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Usufructuary mortgage - Redemption of - Execution of decree - Interference with - Held, where all disputes between parties with regard to payment of mortgage money and interest accrued thereon are finally settled and no further accounting etc. is required to be done, such a decree would be final decree as it finally..........
Karnataka Stamp Act, 1957, Section 34 - - Insufficiently stamped mortgage deed - Admissibility - Held, for a collateral purpose of establishing the nature of possession of property by a party, such document is admissible in evidence even if insufficiently stamped...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - For a transaction to constitute mortgage by conditional sale it is necessary that the condition is embodied in the document that purports to effect the sale - That requirement is stipulated by the proviso which admits of no exceptions...........
Transfer of Property Act, 1882, Section 58(e) -- English mortgage - For a transaction to constitute an English mortgage essential conditions to be satisfied are : (1) The Mortgagor must bind himself to re-pay the mortgage money on a certain date; (2) The property mortgaged should be transferred absolutely to the Mortgagee; (3) Such absolute transfer should be made subject..........
Sale deed -- Sale deed and mortgage deed challenged to be fraudulent transaction and not binding - Appellant alleging that she had been duped - Does not inspire confidence as she seems to be an illiterate woman, yet she is not a Pardanasheen lady and does not seem so helpless, as is sought to be - Document being a registered document and in the absence of any clear..........
Civil Procedure Code, 1908, Order 34, Rule 5 -- Auction sale - Execution of decree for mortgage - J.D. in a mortgage suit can seek annulment of sale by depositing the amounts as stipulated in O.34.R.5 CPC at any stage before confirmation of sale...........
