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Start Free TrialKarnataka Land Reforms Act, 1961 Section 50
Title: Determination of Encumbrances and Payment of the Amount
State: Karnataka
Year: 1961
.....expeditiously as possible and record findings thereon and send the same to the Tahsildar. The Tahsildar shall then give the decision in accordance with the said findings.] (4) Notwithstanding anything contained in any law, any advance paid by the tenant to the landlord for the lease or purchase of the land held by him on lease from the landlord shall be deemed to be a charge on the land, and the debt shall be discharged in the same manner as an encumbrance on such land under this section. ______________________________________ 1. Substituted by Act 1 of 1974 w.e.f. 1.3.1974. 2. Inserted by Act 3 of 1982 w.e.f. 1.1.1979. 3. Omitted by Act 1 of 1974 w.e.f. 1.3.1974. 4. Inserted by Act 1 of 1974 w.e.f. 1.3.1974.
View Complete Act List Judgments citing this sectionApartment Ownership Act, 1972 Section 9
Title: Encumbrances Against Apartments; Removal From, Encumbrances, Effect of Part Payment
State: Karnataka
Year: 1972
.....and the percentage of undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the percentages appearing in the Declaration. Subsequent to any such payment, discharge or other satisfaction, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid, satisfied or discharged. Such partial payments, satisfaction or discharge shall not prevent the person having a charge or any other encumbrance from proceeding to enforce his rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 12
Title: Encumbrances Against Apartments
State: Central
Year: 1986
.....such payment, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free of the charge or encumbrance so removed: Provided that such partial payment shall not prevent the person having a charge or any of the encumbrances from proceeding to enforce the rights in relation to the amount not so paid, against any other apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment. (5) On any such payment, discharge on other satisfaction, referred to in sub-section (4), the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the charge or encumbrance, so paid, satisfied or discharged.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 10
Title: Lien of Warehouseman on Good
State: Central
Year: 2007
.....of the sale shall be published in a leading newspaper having circulation in the locality where, the sale is to be held as well as where the owner of the goods is located and the sale shall be held not less than fourteen days from the date of first publication of the advertisement. (9) The warehouseman shall, from the proceeds of the sale, satisfy his lien and shall pay over the surplus, if any, to the person entitled thereto. (10) If the surplus is not demanded by the person entitled thereto within ten days after the sale of goods or if there are different claims, the warehouseman shall seek instructions from the Authority and act as per the orders of the Authority.
View Complete Act List Judgments citing this sectionMAJOR PORT TRUSTS ACT, 1963 Section 60
Title: Ship-owner's lien for freight and other charges
State: Central
Year: 1963
(1) If the master or owner of any vessel or his agent, at or before the time of landing from such vessel any goods at any dock, wharf, quay, stage, jetty, berth, mooring or pier belonging to or in the occupation of a Board, gives to the Board a notice in writing that such goods are to remain subject to a lien for freight or other charges payable to the ship-owner, to an amount to be mentioned in such notice, such goods shall continue to be liable to such lien to such amount. (2) The goods shall be retained in the custody of the Board at the risk and expense of the owners of the goods until such lien is discharged as hereinafter mentioned; and godown or storage rent shall be payable by the party entitled to such goods for the time during which they may be so retained. (3) Upon the production before any officer appointed by the Board in that behalf of a document purporting to be a receipt for, or release from, the amount of such lien, executed by the person by whom or on whose behalf such notice has been given, the Board may permit such goods to be removed without regard to such lien, provided that the Board shall have used reasonable care in respect to the authenticity of such
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 57
Title: Discharge of Encumbrances on Sale: Provision by Court for Encumbrances and Sale Freed Therefrom
State: Central
Year: 1882
.....investment of the money in court. (c) After notice served on the persons interested in or entitled to the money or fund in court, the court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof. (d) An appeal shall lie from any declaration, order or direction under this section as if the same were a decree. (e) In this section " Court " means (1) a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, (2) the Court of a District Judge within the local limits of whose jurisdiction the property or any part thereof is situate, (3) any other Court which the State Government may, from time to time, by notification in the Official Gazette, declare to be competent to exercise the jurisdiction conferred by this section.
View Complete Act List Judgments citing this sectionBombay Agricultural Debtors Relief Act, 1947, (Maharashtra) Section 28
Title: Fraudulent Alienations or Encumbrances Void
State: Maharashtra
Year: 1947
(1) If in the course of the hearing of an application made under section 4, the Court finds that the debtor has made an alienation of property or created any encumbrance thereon with intent to defeat or delay any of his creditors, the Court shall, by notice, summon the debtor and the person in whose favour the alienation or encumbrance is made or created to appear before it on a day to be specified in the notice. (2) On the day specified in the notice or such other day to which the hearing may be adjourned the Court shall hear the parties 1[and record evidence as may be produced] and if it is satisfied that the alienation was made or the encumbrance was created with intent to defeat or delay any of the creditors of the debtor the Court shall declare the alienation or encumbrance to be void. (3) Nothing in this section shall impair the rights of an alienee or the holder of an encumbrance in good faith and for valuable consideration. _________________ 1. These words were inserted by Bom. 70 of 1948,Section 9.
View Complete Act List Judgments citing this sectionBombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Section 29
Title: Transfer of Encumbrances
State: Central
Year: 1947
.....therefrom and attach itself to the holding allotted to him under the scheme or to such part of if as the Consolidation Officer may, subject to any rules made under section 37, appoint; and the 3[* *] mortgagee, creditor or other incumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a 1[***] mortgage, debt or other encumbrance is transferred under section (1) is of less market value than the original holding from which it is transferred the 3[* * * ] mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the prescribed manner, put any 3[* * *] mortgagee or other encumbrancer entitled to possession into possession of the holding to which his 1[* *] mortgage or other encumbrance has been transferred under subsection (1). __________________ 1. The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1). 2. These words were inserted, by Bom......
View Complete Act List Judgments citing this sectionMAJOR PORT TRUSTS ACT, 1963 Section 59
Title: Board's lien for rates
State: Central
Year: 1963
(1) For the amount of all rates1[leviable under this Act] in respect of any goods, and for the rent due to the Board for any building, plinths, stacking areas, or other premises on or in which any goods may have been placed, the Board shall have a lien on such goods, and may seize and detain the same until such rates and rents are fully paid. (2) Such lien shall have priority over all other lines and claims, except for general average and for the ship-owner's lien upon the said goods for freight and other charges where such .Hen exists and has been preserved in the manner provided in sub-section (I) of section 60, and for money payable to the Central Government2[under any law for the time being in force relating to customs, other than by way of penalty or fine]. ________________________ 1. Substituted for "leviable by a Board under this Act" by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. 2. Substituted for the words "under any law for the time being in force" by the Major Port Trusts (Amendment) Act (29 of 1974), Section 21 (1-2-1975).
View Complete Act List Judgments citing this sectionGovernment Securities Act, 2006 Section 28
Title: Pledge, Hypothecation or Lien
State: Central
Year: 2006
(1) Subject to such terms and conditions as may be prescribed, the holder of a Government security may create a pledge or hypothecation or lien in respect of such security. (2) On receipt of notice of pledge or hypothecation or lien from the holder of the Government security, the Bank or any agent maintaining the account in respect of such security shall make necessary entry in its record and such entry shall be evidence of the pledge, hypothecation or lien thereof, as the case may be.
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