Court : Allahabad
Reported in : AIR1931All277
..... any accession is made to the mortgaged property the mortgagee, in the absence of a contract to the contrary, shall for the purposes of the security be entitled to such accession.60. section 70, t.p. act, is one out of several sections under the heading 'rights and liabilities of mortgagees.' the words of the section are general, but the ..... there are clearly no equities in their favour which ex necessitate rei will justify the inclusion of the constructions in dispute in the mortgaged security.59. it has been argued that section 70, t.p. act, is applicable to the circumstances of the case in hand. a clear provision of statute has to be followed and given effect to ..... j., held that the construction in controversy was 'an accession' to the mortgaged property within the meaning of section 70, t.p. act, and as such it was liable to be sold as part of the mortgage security without payment of its value. niamatullah, j., held that the position of the auction-purchasers was not the same as, or even .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All136
..... any description.60. on the other hand, i think these deeds do purport to create charges, as defined in section 100. i.p. act. the parties in tended that the leader should retain the property as security for the further loans. the borrower agreed not to recover possession of the property, by redemption of the mortgage, without repaying the further ..... an interest in case of usufructuary mortgage or that the mortgaged property is not made security for the money advanced. mortgage has been defined in section 58, t.p. act to mean:the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan.91. then ..... 1882, of the right of occupancy could, by reason of the bar of para. 2, section 9, act 12 of 1881 be made.94. it is manifest from this passage that the usufructuary mortgagee of an occupancy right has no security for recovery of his money, and has only the right to possession and to enjoy the profits 'in the .....
Tag this Judgment!Court : Allahabad
Reported in : 126Ind.Cas.345
..... lal died, and that the names of musammat chaoni and musammat bhagwan dei were entered in the revenue papers against the share of babu lal for their consolation and to secure payment of their maintenance allowance, but that the plaintiff himself remained in actual possession of the property. the plaintiff complained against the action of the widow in granting a ..... decree of 1896 that shib singh and chait ram were impleaded jointly. it also appears from the decree of 1901 that after the death of shib singh, chait ram was acting for himself and as guardian of shib singh, who was then a minor. chait ram died soon after in 1901, and his death was followed by that of babu ..... that an unregistered document can in no circumstances be used in evidence for a collateral purpose. it may in this connexion be pointed out that whereas the registration act of 1864 had provided that no instrument (required to be registered) shall be received in evidence in any civil proceeding in any court or shall be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All341
..... lal died, and that the names of mt. chaoni and mt. bhagwan dei were entered in the revenue papers against the share of babu lal for their consolation and to secure payment of their maintenance allowance, but that the plaintiff himself remained in actual possession of the property. the plaintiff complained against the action of the widow in granting a lease ..... decree of 1896 that shib singh and chait ram were impleaded jointly. it also appears from the decree of 1901 that after the death of shib singh, chait ram was acting for himself and as guardian of shib singh, who was then a minor. chait ram died soon after in 1901, and his death was followed by that of babu ..... proposition that an unregistered document can in no circumstances be used in evidence for a collateral purpose. it may in this connexion be pointed out that whereas the registration act of 1864 had provided that no instrument (required to be registered) shall be received in evidence in any civil proceeding in any court or shall be .....
Tag this Judgment!Court : Allahabad
Reported in : 125Ind.Cas.453
..... get it registered in the chamber, giving a full description thereof regarding locality, weight, serial number of his account book and name of the bank advancing money on its security with its serial number. when the secretary or the assistant secretary of the chamber has satisfied himself either personally or otherwise as to the actual existence of the khatti on ..... have to be confirmed at a subsequent general meeting and when this has been confirmed, these articles will be subject to the provision of the indian companies act and will have the same force and effect and be as binding on all members as if they had formed part of the original articles.'9. after the date of the contract ..... that the property in the goods had not passed to the plaintiff and that the latter was not liable to accept the damaged grain which was sought to be forced upon him.29. the contention of the plaintiff is not sound either in view of the terms of the contract or the law regulating the vesting of ownership. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All661
..... it registered in the chamber, giving a full description thereof regarding locality, weight, serial number of his account book and name of the bank advancing money on its security with its serial number. when the secretary or the assistant secretary of the chamber has satisfied himself, either personally or otherwise, as to the actual existence of the ..... to be confirmed at a subsequent general meeting and when this has been confirmed, these articles will be subject to the provision of the indian companies act and will have the same force and effect and be as binding on all members if they had formed part of the original articles.11. after the date of the contract ..... 16th may 1925. the 'langot' embodying the contract was in a printed form prescribed by the sabha.6. the veoparak sabha was registered under section 26, companies act (act 6 of 1913) on 16th june 1925. certain rules regulating the business of the company were framed; but these rules contain a note thatnothing in these rules will .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All561
..... partition should be made. in the course of his judgment he threw out a suggestion that the sons of thakur das had themselves not acted upon the will, but had been borrowing money on the security of the property and had been enjoying the profits, and after having raised the money they wished to establish the will to serve as ..... already admitted this deed as having been duly proved, and had marked it as an exhibit. it was only on 9th september, when the new amendment had come into force that ho ruled that it was not admissible. we think that the execution not having bean specifically denied, there was no bar to the admissibility of this document, ..... was admitting its genuineness.24. on the very day on which the learned judge delivered his judgment, viz., 9th september 1926, act no. 31 of 1926 came into force under which a proviso to section 68, evidence act, which required the calling of a witness, was added. under that proviso it became no longer necessary to call an attesting witness .....
Tag this Judgment!Court : Allahabad
Reported in : 125Ind.Cas.477
..... remain over is both transferable and attachable. such an interest does not come within any of the exceptions enumerated in section 6 of the transfer of property act nor is such security exempted from attachment under section 60 of the civil procedure code.86. indeed, if the decree-holder wants to prevent the judgment-debtor from transferring or mortgaging his ..... concerns the mufassil there is no ground on which it can be contended that these laws are enforced there. the question has generally been whether they are in force in the presidency towns although the distinction between the presidency towns and the mufassil has not been always borne in mind' also see the mayor of the city ..... or the client and so his statement must not be taken to have been a repetition of anything said by them to him. that, however, does not destroy its force) and we can have no doubt that mr. pandey (a practitioner of repute and experience) and the bench were right in describing the proceedings in, the lower .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All225
..... the surplus which may remain over is both transferable and attachable. such an interest does not come within any of the exceptions enumerated in section 6, t.p. act. nor is such security exempted from attachment under section 60, civil p.c.123. indeed, if the decree-holder wants to prevent the judgment-debtor from transferring or mortgaging his interest ..... as coneerns the mufassil there is no ground on which it can be contended that these laws are enforced there. the question has generally been whether they are in force in the presidency towns although the distinction between the presidency towns and the mufassil has not been always borne in mind:also see the mayor of the city of ..... or the client and so his statement must not be taken to have been a repetition of anything said by them to him. that, however, does not destroy its force, and we can have no doubt that mr. pandey (a practitioner of repute and experience) and the bench were right in describing the proceedings in the lower court as .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All687
..... nothing but a family arrangement. the consideration for the daughters to enter into the transaction was that each got a definite property while mt. bodhi got cash maintenance secured on immovable property. each of the three daughters who were likely to have children had the assurance that some property would surely go to her male descendants if ..... at which the defendant's case can be put is that he in the year 1889, put forward a baseless claim and the ladies in order to avoid being forced into litigation, consented to give him the property in suit... it does not follow from that there was a bona fide dispute, bona fide settled by members ..... father's intentions and by his affection for his brother, both most excellent and praiseworthy motives, but scarcely sufficient to constitute such a consideration as would convert an act of kindness into a binding engagement. if therefore there had been no consideration for the appellant's promise to share the freehold property with his brother i should .....
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