Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption sought by transferee mortgagor - Extinguishment of right to redeem - Decree of foreclosure passed in a suit filed by mortgagee will not extinguish right of mortgagor to redeem land because he was not impleaded as a party in suit though he had purchased part of mortgaged property by virtue of registered..........
Transfer of Property Act, 1882, Section 67 -- Mortgage - Decree for foreclosure - Non-impleadment of purchaser who purchased property from mortgagor before filing of suit for foreclosure, renders decree for foreclosure as non-est and void...........
Transfer of Property Act, 1882, Section 58(c) -- Nature of document - Document whether a document of conditional sale or a mortgage - Document titled as `conditional sale deed' - Suit for redemption of mortgage - Document was executed for the reason that plaintiff has borrowed a sum of R.3,000/- and defendant is bound to transfer the land if amount is paid within one year..........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Liability of mortgagor to pay for improvements will arise if mortgagee had to incur the costs to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insufficient or being made in compliance with the lawful..........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Liability of mortgagor to pay for improvements - In the absence of any positive evidence of any improvement and cost incurred, defendants are not entitled to recover anything more than the mortgage amount...........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Liability of mortgagor to pay for improvements - Since possession was given to the mortgagee and he has enjoyed usufruct from the mortgage property which compensates not only of the user of the land but also improvements made by him - Improvements were to enjoy the..........
Criminal Procedure Code, 1973, Section 406 -- Criminal case - Transferred from Court of Judicial Magistrate to Family Court, as per prayer made in the application for transfer of case - Family Court cannot deal with a criminal complaint for an offence under Indian Penal Code - A wrong order of Court cannot be allowed to stand on the ground that one of the parties invited..........
Agreement to sell -- Specific performance - Execution of agreement proved and it is also proved that plaintiff was ready and willing to pay remaining consideration amount - Non impleadment of lessee - Lessee has no jurisdiction to raise objection with regard to transfer of property by lawful owner through valid contract - If ownership of property is changed even then..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Plea of bona fide purchaser - Agreement to sell entered into between defendant and original owner - However, original owner sold the property in favour of GK prior to initiation of suit against original owner by defendant - Thus, at the time of filing suit for specific performance against original owner..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail with condition - If facts and circumstances so warrant even Criminal Court at the time of grant of bail can direct accused to disclose his movable and immoveable properties/assets and also to submit an undertaking that he will not fraudulently transfer the same in order to defeat any order which may be..........
