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 For the repealed provisions, as re-enacted, see the Code of Civil Procedure, 1908 Act (5 of 1908), Schedule I, Order XXXIV.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

.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person especially authorized by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary.....

The Tamil Nadu Agriculturists Relief Act, 1938 Complete Act

State: Tamil Nadu

Year: 1938

.....of Court to reject certain claim. 25. Alienation by debtors. 25-A. Appeals. 26. District Collector to furnish information as to certain facts. 27. Executive Authorities of Local Bodies to furnish information as to certain facts. 28. Power to make rules. An act to provide for the relief of indebted agriculturists in the (Extended to the merged State of Pudukkottai by Section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act 1949 (Tamil Nadu Act XXXV of 1949). "This Act as was in force immediately before the date of the publication of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1932 (Tamil Nadu Act 8 of the 1973) in the State of Tamil Nadu except in the transferred territory and as amended by the latter Act was extended to the transferred territory by Section 25 of that Act). [State of Tamil Nadu]. WHEREAS it is expedient to provide for the relief of indebted agriculturists in the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969). [State of Tamil Nadu]; It is hereby enacted as follows:- CHAPTER I Preliminary 1. SHORT TITLE -" This Act.....

Code of Civil Procedure, 1908 Rule 1 to 15

Title: Suits Relating to Mortgages of Immovable Property

State: Central

Year: 1908

..... 14. Suit for sale necessary for bringing mortgaged property to sale (1) Where a mortgagee has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in Order II, rule 2. (2) Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 (4 of 1882), has not been extended. 17[15. Mortgages by the deposit of title-deeds and charges 18[(1)] All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds within the meaning of section 58, and to a charge within the meaning of section 100 of the Transfer of Property Act, 1882 (4 of 1882).] 12a[(2) Where a decree orders payment of money and charges it on immovable property on default of payment, the amount may be realised by sale of that property in execution of that decree.] ______________________ 1. Substituted by Act 21 of 1929, section 4, for rule 2......

Code of Civil Procedure, 1908 Appendix D

Title: Decrees

State: Central

Year: 1908

.....before the ............ day of .......... and that the .............3 docertify the result of the injuries, and the accounts, and that all other actsordered are completed, and have his certificate in that behalf ready for theinspection of the parties on the ..... day of ..... 15. And, lastly, it is orderedthat this suit [or proceedings] stand adjourned for making final decree to the..... day of ..... [Such part only of this decreeis to be used as is applicable to the particular case.] No. 18 finaldecree in an administration-suit by a legatee (Title) 1. It is ordered that thedefendant ..... do, on or before the ..... day of ..... pay into Court the sumof Rs. ..... the' balance by the said certificate found to be due from the saiddefendant on account of the estate of ..... the testator and also the sum ofRs. ..... for interest, at the rate of Rs. ..... per cent per annum, from the..... day of ..... to the ..... day of ..... amounting together to the sum ofRs. ..... 2. Let the ............3 of the saidCourt tax the costs of the plaintiff and defendant in this suit, and let theamount of the said costs, when so taxed, be paid out of the said sum of Rs...... ordered.....

Transfer of Property Act, 1882 Chapter IV

Title: Of Mortgages of Immovable Property and Charges

State: Central

Year: 1882

.....of the receiverwas valid or not. (6) The receiver shall be entitledto retain out of any money received by him, for his remuneration, and insatisfaction of all costs, charges and expenses incurred by him as receiver, acommission at such rate not exceeding five per cent, on the gross amount of allmoney received as is specified in his appointment, and, if no rate is sospecified, then at the rate of five per cent. on that gross amount, or at suchother rate as the Court thinks fit to allow, on application made by him for thatpurpose. (7) The receiver shall, if sodirected in writing by the mortgagee, insure to the extent, if any, to which themortgagee might have insured, and keep insured against loss or damage by fire,out of the money received by him, the mortgaged property or any part thereofbeing of an insurable nature. (8) Subject to the provisions ofthis Act as to the application of insurance money, the receiver shall apply allmoney received by him as follows, namely. - (i) in discharge of all rents,taxes, land revenue., rates and outgoings whatever affecting the mortgagedproperty; (ii) in keeping down all annualsums or other payments, and the interest on all principal.....

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

..... 21. Power of Court to reject certain claims. 22. Alienations by debtor. 23. Appeals. 24. District Collector to furnish information as to facts. 25. Executive authorities of local bodies to furnish information as to certain facts. 26. Saving of operation of other laws. 27. Power to make rules. 28. Rules and notification to be placed before the Legislature. [Received the assent of the President on the 8th December 1972, first published in the Tamil Nadu Government Gazette Extra-ordinary on the 15th December 1972.] An Act to provide for the relief of certain indebted persons in the State of Tamil Nadu. Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-third Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. SHORT TITLE " This Act may be called the Tamil Nadu Debt Relief Act, 1972. 2. DEFINITIONS " In this Act, unless the context otherwise requires,- (1) "creditor" includes his heirs, legal representatives and assigns; (2) "debt" means any liability in cash or kind, whether secured or unsecured, due from a debtor whether payable under a decree or order of a civil or revenue Court or otherwise.....