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Start Free TrialTransfer 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.....
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 58
Title: Mortgage, Mortgagor, Mortgagee, Mortgage-money and Mortgage-deed Defined
State: Central
Year: 1882
.....by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.] ________________________ 1. Inserted by Act 20 of 1929, Section 19. 2. Substituted by Act 20 Section 19, for "and to appropriate them". 3. Substituted by Act 20 1929 Section 19, for "and". 4. Added by Act 20 of 1929, Section 19. 5. Substituted by the A.O. 1948, for "Bombay and Karachi". The word "and" had been Inserted by the A.O. 1937. 6. The words " Rangoon, Moulmein, Bassein and Akyab" omitted by the A.O. 1937. 7. For notifications relating to the towns of-Ahmedabad, see Gazette of India, 1935, Pt. I, p. 936, Bandra, Kurla and Ghatkoper Kirol, see Gazette of India, 1924, Pt. I, p.1064,Cawnpore, Allahabad and Lucknow, see Gazette of India, 1938, Pt. I, p.158. Coimbatore, Madura, Cocanada and Cochin, see Gazette of India, 1935, Pt. I, p. 526. 8. The words "Governor General in Council." successively amended by the A.O. 1937 and the A.O. 1950 to read as above.
View Complete Act List Judgments citing this sectionCode 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).
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 98
Title: Anomalous Mortgage: Rights and Liabilities of Parties to Anomalous Mortgage
State: Central
Year: 1882
In the case of1[an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage. ________________________ 1. Substituted by Act 20 of 1929, Section 49, for "a mortgage, not being a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage or an English mortgage or a combination of the first and third, or the second and third, of such forms".
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 59
Title: Mortgage when to Be by Assurance
State: Central
Year: 1882
1 59. Mortgage when to be by assurance Where the principal money secured is one hundred rupees or upwards, a mortgage 2 [other than a mortgage by deposit of title-deeds] can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by 3 [a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property. 4 [* * *] _______________________ 1. As to limitation to the territorial operation of section 59, see section 1, supra Section 59, extends to every cantonment--see section 287 of the Cantonments Act, 1924 (2 of 1924) 2. Inserted by Act 20 of 1929, section 20. 3. Substituted by Act 6 of 1904, section 3, for "an instrument". 4. The third paragraph was omitted by Act 20 of 1929, section 20.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 96
Title: Mortgage by Deposit of Title-deeds
State: Central
Year: 1882
The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds.]
View Complete Act List Judgments citing this sectionBombay General Clauses Act, 1904, (Maharashtra) Preamble
Title: the Bombay General Clauses Act, 1904
State: Maharashtra
Year: 1904
.....settle the form of and bring together in one Act, many detailed provisions which commonly appeared in special Acts authorising various kinds of public undertakings, such as the construction of railways. Thereafter the provisions of the Appropriate Clauses Act could be incorporated by reference in subsequent special Acts, thereby promoting uniformity and consistency and shortening and simplifying the special Acts. Some Clauses Acts are deemed incorporated in later special Acts unless varied on excluded thereby; others apply only in so far as expressly incorporated".-The Oxford Companion to Law, David M. Walker, Clarendon Press, Oxford, 1980. __________________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1903, Pt. VII, pp. 5, 6 ; for Report of Select Committee, see ibid., 1904, Pt. VII p. 1, and for Proceedings in Council, see ibid., 1903, Pt. VII, p. 130, ibid., 1904, Pt. VII, p. 42.
View Complete Act List Judgments citing this sectionGeneral Clauses Act 1897 Preamble 1
Title: General Clauses Act, 1897
State: Central
Year: 1897
.....1936 (5 of 1936), Section 3 and Schedule The Act has been partially extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949). The Act has been extended to-- Goa, Daman and Diu with modifications by Regulation 12 of 1962, Section3 and Schedule; Dadra and Nagar Haveli by Regulation 6 of 1963, Section2 and ScheduleI; Pondicherry by Regulation 7 of 1963, Section3 and ScheduleI; and Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, Section3 and Schedule It has been amended in Assam by the Assam Commissioners' Powers Distribution Act, 1939 (Assam Act 1 of 1939).
View Complete Act List Judgments citing this sectionGeneral Clauses Act 1897 Complete Act
Title: General Clauses Act 1897
State: Central
Year: 1897
.....and issuing of orders between passing and commencement of enactment Section23 - Provisions applicable to making of rules or bye-laws after previous publication Section24 - Continuation of orders, etc., issued under enactments repealed and re-enacted Section25 - Recovery of fines Section26 - Provision as to offences punishable under two or more enactments Section27 - Meaning of service by post Section28 - Citation of enactments Section29 - Saving for previous enactments, rules and bye-laws Section30 - Application of Act to Ordinances Section30A - Application of Act to Acts made by the Governor-General [Repealed] Section31 - Construction of references to Local Government of a Province [Repealed] ScheduleI - THE SCHEDULE [Enactments Repealed]
List Judgments citing this sectionKarnataka] General Clauses Act, 1899 Preamble 1
Title: Karnataka] General Clauses Act, 1899
State: Karnataka
Year: 1899
THE1[KARNATAKA] GENERAL CLAUSES ACT, 1899 [Act, No. 3 of 1899] [3rd July, 1899] PREAMBLE An Act for further shortening the language used in1[Mysore Acts and Karnataka Acts] and for other purposes. WHEREAS it is expedient further to shorten the language used in1[Mysore Acts and Karnataka Acts], and to make certain other provisions relating to those enactments, Her Highness the Maharani-Regent is pleased to enact as follows:- _______________________________ 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973
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