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...........
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..........
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..........
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..........
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 - Mortgagee enjoys the rents..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Eviction petition - Earlier suit filed on plea that it is governed by Transfer of Property Act as right of lessee stood determined by efflux of time - Defendant took plea of monthly tenancy and that tenancy law is applicable and not TPA - Plaintiff accepted plea of monthly tenancy and sought to file a..........
Civil Procedure Code, 1908, Section 24 -- Divorce petition - Transfer - Wife seeking transfer of petition filed by husband at Nagpur to Court at Bombay - Wife residing at Bombay with her three years daughter - Plea of jobless, no income source and dependent on her brother - Husband prepared to meet travelling expenses of wife - Wife had to travel 18 hours to reach Nagpur -..........
Civil Procedure Code, 1908, Section 24 -- Election petition - Transfer of - Election petition filed in terms of Punjab State Election Commission Act, 1994 - Allegation that Presiding Officer demanding illegal gratification - Denied by Presiding Officer by filing reply - Keeping in view the larger interest of justice and to provide fair opportunity to the petitioner to..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Motor Vehicles Act, 1988, Section 157 - Indian Motor Tariff, GR 17 - Insurance claim - `Own damage' - Car purchased by respondent from `R' - The insurance remained in the name of `R' despite the transfer of vehicle in the name of respondent - No privity of contract between appellant and respondent - Respondent not entitled..........
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..........
