Bare Act Search Results

Transfer of Property Act, 1882 Section 67

Title: Right to Foreclosure or Sale

State: Central

Year: 1882

.....representative, and who maysue for a sale of the property, to institute a suit for foreclosure; or (c) to authorize the mortgagee of arailway, canal, or other work in the maintenance of which the public areinterested, to institute a suit for foreclosure or sale; or (d) to authorize a personinterested in part only of the mortgage-money to institute a suit relating onlyto a corresponding part of the mortgaged property, unless the mortgagees have,with the consent of the mortgagor, severed their interests under the mortgage. ________________________ 1. Substituted byAct 20 of 1929, Section 31 for "payable". 2. Substituted byAct 20 of 1929, Section 31, for "an order". 3. Substituted byAct 20 of 1929, Section 31, for the original clause.

Oudh Laws Act, 1876 Section 12

Title: Right of Preemptor on Foreclosure

State: Central

Year: 1876

When the right of pre-emption arises in respect of the foreclosure of a mortgage {Ins.by s.5, ibid.} [or a portion of the mortgage], any person entitled to such right may, at any time within three months after the giving of the notice required by section 10, pay or tender to the mortgagee or his successor in title the amount specified in such notice, and shall thereupon acquire a right to purchase the property, {Ins.by U.P.Act 15 of 1939, s.5.} [or a portion thereof, as the case may belt On completion of the purchase the person exercising the right of re-emption shall be bound to pay to the mortgagee or his successor in title the amount specified in such notice, together with interest on the principal sum secured by the mortgage {Ins.by U.P.Act 15 of 1939, s.5.} [or the proportionate amount of such principal sum in respect of the portion of the property in which he possesses the right of pre-emption, as the case may be], at the rate specified by the instrument of mortgage, for any time which has elapsed since the date of the notice, and any additional costs which may have been properly incurred by the mortgagee or his successor in title.

Transfer of Property Act, 1882 Section 85

Title: Suits for Foreclosure, Sale or Redemption

State: Central

Year: 1882

1 Suits for Foreclosure, Sale or Redemption ________________________ 1. For the repealed provisions, as re-enacted, see the Code of Civil Procedure, 1908 Act (5 of 1908), Schedule I, Order XXXIV.

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

The Tamil Nadu Agriculturists Relief Act, 1938 Complete Act

State: Tamil Nadu

Year: 1938

.....Act, 1948) [31st March 1972] been assessed to income-tax under the (Substituted for the expression "31st March 1938" by Section 2 (1)(ii)(a) of the Act). [Income-tax Act, 1961, (Central Act 43 of 1961) or under the Income-tax law in force in any foreign country]. (Inserted by Section 2(1)(ii)(b), ibid). [ ]; or (B) (Substituted by section 2(i) of the Tamil Nadu Act XXIII of 1948). [has in all the four half-years immediately preceding] the (Substituted by section 2(1)(iii)(a) of the Tamil Nadu Act 8 of 1973). [1st March 1972] been (Substituted by section 2(ii) of the Tamil Nadu Act XXIII of 1948). [assessed to profession tax on a half-yearly income of more than (Substituted by section 2(1) (iii) (b) of the Tamil Nadu Act 8 of 1973). (one thousand and two hundred rupees)] derived from a profession other than agriculture under the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969). [Tamil Nadu] District Municipalities Act, 1920, [Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws.....

Code of Civil Procedure, 1908 Rule 1 to 15

Title: Suits Relating to Mortgages of Immovable Property

State: Central

Year: 1908

.....of 1929, section 4, for rule 7. 8. Inserted by Act 21 of 1929, section 5. 9. Substituted by Act 104 of 1976, section 82(ii)(b), for "on application by him" (w.e.f. 1-2-1977). 10. Substituted by Act 21 of 1929, section 6, for rules 10. 11. Added by Act 104 of 1976, section 82(iii) (w.e.f. 1-2-1977). 12. Inserted by Act 104 of 1976, section 82(iv) (w.e.f. 1-2-1977). 12a. Inserted by Act of 1976, section 82(v) (w.e.f. 1-2-1977). 13. Substituted by Act 21 of 1929, section 6, for rule 11. 14. Sub-clause (ii) omitted by Act 66 of 1956, section 14 (w.e.f. 1-1-1957). 15. Substituted by Act 66 of 1956, section 14, for certain words (w.e.f. 1-1-1957). 16. Substituted by Act 66 of 1956, section 14 for clause (b) (w.e.f. 1-1-1957). 17. Substituted by Act 21 of 1929, section 7, for rule 15. 18. Rule 15 Renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 82(v) (w.e.f. 1-2-1977).

Code of Civil Procedure, 1908 Appendix D

Title: Decrees

State: Central

Year: 1908

.....to the institution of the suit. Or 2. That an inquiry be made as the account of mesne profits which have accrued dueprior to the institution of the suit. 3. That an inquiry be made as tothe amount of mesne profitsfrom the institution of the suit until [the delivery of possession to thedecree-holder] [the relinquishment of possession by the judgment-debtor withnotice to the decree-holder through the Court] [the expiration of three yearsfrom the date of the decree]. ___________________ 1. Substituted by Act 21 if 1929,section 8 and Schedule, for Forms 3 to 11. 2.Words not required to be deleted. 3.Here insert name of proper officer. Total Total Total Total

Transfer of Property Act, 1882 Chapter IV

Title: Of Mortgages of Immovable Property and Charges

State: Central

Year: 1882

.....times, at his request and at his own cost, and on payment of the mortgagee's costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.] Section 61 - Right to redeem separately or simultaneously 1 [61. Right to redeem separately or simultaneously A mortgagor who has executed two ormore mortgages in favour of the same mortgagee shall, in the absence of acontract to the contrary, when the principal money of any two or more of themortgages has become due, be entitled to redeem any one such mortgageseparately, or any two or more of such mortgages together.] ________________________ 1. Substituted byAct 20 of 1929, section 24 for the original section. Section 62 - Right of usufructuary mortgagor to recover possession In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 1 [together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], - (a) where the mortgagee is authorized to pay himself the.....

The Transfer of Property Act, 1882 Complete Act

State: Central

Year: 1882

.....for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;] 17 ["a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation 1. "Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:] Provided that " (1) the instrument has been registered and its registration.....

Tamil Nadu Debt Relief Act, 1972 Complete Act

State: Tamil Nadu

Year: 1972

TAMIL NADU DEBT RELIEF ACT, 1972 TAMIL NADU DEBT RELIEF ACT, 1972 ACT NO. 38 OF 1972 CONTENTS CHAPTER 1 1. Short title. 2. Definitions 3. Certain debts and liabilities not to be affected. 4. Special Provision for undivided Hindu Families etc. 5. Heirs of non-debtor members of Hindu Families to be non-debtors. CHAPTER II 6. Debt payable by debtors to be scaled down. 7. Provisions for debts incurred before 1st March 1972. 8. Special provision in respect of mortgages. 10. Provision as to costs, etc., in certain cases. 11. Rate of interest payable by debtors on old loans. 12. Rate of interest payable by debtors on new loans. 13. Separation of share of debt in particular cases. CHAPTER III 14. Provision as to costs in certain cases 15. Amendment of certain decrees. 16. Stay of execution proceeding. 17. Adjudications in insolvency. 18. Special provisions in case of certain sales of movable property. 19. Sales of immovable property to be set aside in certain cases. 20. Consequential provision on setting aside of sale. 21. Power of Court to reject certain claims. 22. Alienations by debtor. 23......