Transfer of Property Act, 1882, Section 62(a) -- Usufructuary mortgage - Right of mortgagor to recover possession - In terms of clause (a) of Sec. 62, the suit is for possession after mortgage comes to end by self redeeming process as the mortgagee is authorised to pay himself the mortgage money form the rents and profits of the property - The mortgagee has to look to the..........
Transfer of Property Act, 1882, Section 62(b) -- Usufructuary mortgage - Right of mortgagor to recover possession - In terms of clause (b) of Sec. 62, the right of a mortgagor will arise only after rents and profits derived by the mortgagee out of the usufruct of the mortaged property are adjusted towards the interest or principle and on mortgagor paying the balance in the..........
Transfer of Property Act, 1882, Section 62, 67, Limitation Act, 1963, Article 61(a) -- Right of usufructuary mortgagor to recover possession - Right to foreclosure or sale - When the right to redeem or possession accrues - Limitation of 30 years - The right to redemption or recover possesion accrues to the mortgagor on payment of sum secured, where rents and profits are to..........
Transfer of Property Act, 1882, Section 60, 62, 67, Limitation Act, 1963, Article 61(a) -- Usufructary Mortgage - Suit by mortgagee for declaration to the effect that they have become onus of land by prescription - Contention that after expiry of period of limitation to sue for foreclosure, the mortgages have a right to seek declaration in respect of their title over the..........
Transfer of Property Act, 1882, Section 62 -- Usufructuary mortgage - 1. Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption? - 2. Whether there is any time limit in the case of a usufructuary mortgagor to get his property redeemed?. Held - In case of usufructuary..........
Transfer of Property Act, 1882, Section 106, Delhi Rent Control Act, 1958, Section 3(c), 6A, 8, 14(1)(e) -- Suit for eviction - Rent increased - S.3(c) of Act came into operation - Suit for eviction under general law - Held, that no notice to quit was necessary u/s 106 TPA in order to enable the respondent to get a decree of eviction against appellant...........
Criminal Procedure Code, 1973, Section 319 -- Murder trial - Summoning of additional accused - Legality of - Revisionists have been summoned by Court below vide impugned order solely on the basis of statement of PW2 - Although PW2 in her examination-in-chief, claiming herself to be eyewitness, had stated that murder of her mother was committed by `R', `S' and `T', but in..........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser - Basic law is 'buyer beware' - Joint Property partitioned by metes and bounds between co-sharers - Partition entered in revenue record - Value of land and khasra number also mentioned - Land in dispute allotted to plaintiff - Held, in such circumstances vendors of plaintiff have no right to alienate the..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Does not arrest running period of limitation...........
Electricity bill -- Electricity theft - Principles of natural justice - Clear from checking report that checking was not done either in the presence of the consumer or responsible official of the consumer - The meter was not tested in the M&T Lab - No notice of testing was given to the consumer - The principles of the natural justice not followed - Complainant has not..........
