Bare Act Search Results

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.....

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).

The Orissa Cooperative Land Mortgage Bank Act, 1938 Complete Act

State: Orissa

Year: 1938

.....of powers by managing committee. 39. Managing committee's power of making regulations. 40. Amendment of section 89 of the Indian Regulation Act, 1903. Orissa Act III of 1938. THE ORISSA CO-OPERATIVE LAND MORTGAGE BANK ACT, 1938. [The assent of the Governor to the Act was published in the Orissa Gazette of the 18th March 1938.] An Act to Facilitate the Working of a Co-Operative Land Mortgage Bank in the Province of Orissa. Preamble. Bihar and Orissa Act VI of 1935. Madras Act VI of 1932. WHEREAS it is expedient to supplement the provisions of the Bihar and Orissa Co-operative Societies Act, 1935, and the Madras Cooperative Societies Act, 1932, which are in force in different parts of the Province of Orissa in order to facilitate the working of a Co-operative Land Mortgage Bank in the Province with a view to provide for the grant of long term loans to proprietors of estates and owners of land or other immovable property, to enable them to discharge their debts, to carry out agricultural improvements, to acquire land for the formation of economic holdings and other like purposes and thereby to promote thrift and self-help among them; It is hereby enacted as follows:- .....

Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Section 7

Title: Priority of Charges and Mortgages over Certain Claims

State: Karnataka

Year: 1974

.....as term loan for development purposes, the charges or mortgages shall have priority in accordance with the dates of their creation or execution. Explanation.-For the purposes of this section, ''term loan for development purposes'' means financial assistance which would generally lead to improvement of agriculture and or building up of assets in agriculture but shall not include financial assistance for meeting working capital expenses, seasonal agricultural operations and marketing of crops. (4) Nothing in this section shall apply to borrowings from one or more co-operative societies only. _______________________ 1. Sub-Section (1) substituted by Act 34 of 1978 w.e.f. 29.12.1978.

The Punjab Restitution of Mortgaged Lands Act, 1938 Complete Act

State: Punjab

Year: 1938

THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 PUNJAB ACT NO. 4 OF 1938 CONTENTS Section Subject 1. Short title, extent and commencement 2. Application of the Act to subsisting mortgage effected prior to 8th June, 1901 3. Definitions 4. Petition for restitution 5. Procedure for dealing with petitions for restitution 6. Petition when to be dismissed. 7. Power of the Collector to declare and enforce orders in favour of mortgagor and to grant compensation to mortgagee in certain case. 8. Effect of order of restitution, when compensation is payable. 9. Power of the Collector to eject mortgagee. 10. Appeals 10A Revision 11. Limitation of appeal. 12. Jurisdiction of Civil Courts barred. 13. Rule-making power. THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 PUNJAB ACT NO. 4 OF 1938 [Received the assent of His Excellency the Governor on the Ist September 1938, and was first published in the PUNJAB GAZETTE.....

The Redemption of Mortgages (Punjab) Act, 1913 Complete Act

State: Punjab

Year: 1913

.....shall mean prescribed by rules made under this Act. Application of certain sections of Punjab Tenancy Act. 3. Subject to the provisions of this Act and the rules thereunder, the provisions of sections 79, 85, 86, 87, 89, 90, 91, 92 and 101, of the Punjab Tenancy Act, 1887, shall, so far as may be, apply to all proceedings of a Collector under this Act. Petition of redemption 4. The mortgagor or other person entitled to institute a suit for redemption may, at any time after the principal money becomes payable and before a suit for redemption is barred, present a petition to the Collector applying for an order directing that his mortgage be redeemed, and where the mortgage is with possession that he be put in possession of the mortgaged property. The petition shall be duly verified in the manner prescribed by law for the verification of plaints, and shalll state the sum which the petitioner declares to the best of his belief to be due under the mortgage. The petitioner shall at the same time deposit such sum with the Collector. Particulars to be contained in petition: 5. The petitioner shall state in his petition such particulars and file therewith such documents as.....

Bombay Agricultural Debtors Relief Act, 1947, (Maharashtra) Section 33

Title: Court to Prepare Scheme for Adjustment of Debts Through Provincial Land Mortgage Bank

State: Maharashtra

Year: 1947

.....issued by the Bombay Provincial Co-operative Land Mortgage Bank, such bonds being guaranteed by the State Government, for such amount in full satisfaction of all the debts due to them from the debtor. The Court shall further direct that such amount shall be charged on all the immoveable property of the debtor.] 3[(2A) (a) Where any award made under sub-section (1) of section 55 of the repealed Act or under sub-section(2) of this section has either before or after the Bombay Agricultural Debtors' Relief (Amendment) Act, 1948, has come into force been wrongly forwarded for payment to the creditors of the debt as finally scaled down to any Primary Land Mortgage Bank which under its by-laws was not competent to make payment to the creditors, it shall be lawful to the Court notwithstanding anything contained in this Act, on application made by the creditor concerned and after holding such inquiry as it deems fit, to direct that the said award be forwarded to the Primary Land Mortgage Bank for the local area concerned competent to make the payment or to the Bombay Provincial Co-operative Land Mortgage Bank, as the case may be, for making payment in accordance with this section. .....

Evacuee Interest Separation Act 1951 [Repealed] Section 9

Title: Certain Reliefs in Respect of Mortgaged Property of Evacuees

State: Central

Year: 1951

(1) Notwithstanding anything to the contrary in any law or contract or any decree or order of a civil court or other authority, where the claim is made by a mortgagee, no mortgaged property of an evacuee shall, subject to the provisions of sub- section (2), be liable for the payment of interest at a rate exceeding five per cent per annum simple on the principal money advanced or deemed to have been advanced. (2) Where a mortgagee has taken possession on any terms whatsoever of any agricultural land and is entitled to receive profits accruing from the land and to appropriate the same, every such mortgage shall be deemed to have taken effect as a complete usufructuary mortgage and shall be deemed to have been extinguished on the expiry of the period mentioned in the mortgage deed or twenty years, whichever is less, from the date of the execution of the mortgage deed; and if the aforesaid period has not expired and the mortgage debt has not been extinguished, the competent officer shall determine the mortgage debt due having regard to the proportion which the unexpired portion of that period bears to the total of that period.

The Kerala Cooperative Land Mortgage Banks (Amendment) Act, 1983 [1] Complete Act

State: Kerala

Year: 1983

THE KERALA CO-OPERATIVE LAND MORTGAGE BANKS (AMENDMENT) ACT, 1983 [1] THE KERALA CO-OPERATIVE LAND MORTGAGE BANKS (AMENDMENT) ACT, 1983 [1] An Act further to amend the Kerala Co-operative Land Mortgage Banks Act, 1960. Preamble. "WHEREAS it is expedient further to amend the Kerala Co-operative Land Mortgage Banks Act, 1960, for the purposes hereinafter appearing; BE it enacted in the Thirty-fourth Year of the Republic of India as follows: " 1. Short title and commencement. "(1) This Act may be called the Kerala Co-operative Land Mortgage Banks (Amendment) Act, 1983. It shall come into force at once. 2. Insertion of new section 4B."After section 4A of the Kerala Co-operative Land Mortgage Banks Act, 1960 (1 of 1960) (hereinafter referred to as the principal Act), the following section shall be inserted, namely:" "4B. Issue of debentures by Board to other bodies approved by Government ."(1) Notwithstanding anything contained in section 4, the Board may with the previous sanction of the Trustee and subject to such conditions as the Government may think fit to impose, issue debentures of one or more denomination or denominations, without the security of the mortgages and.....

Karnataka Land Reforms Act, 1961 Section 26

Title: Tenancy in Abeyance During Usufructuary Mortgage in Favour of Tenant

State: Karnataka

Year: 1961

If any land is mortgaged by a landlord by way of a usufructuary mortgage to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the period the mortgage subsists. After the expiry of the said period it shall be lawful to the tenant to continue to hold the land on the terms and conditions on which he held it before the mortgage was created.