Judgment Search Results Home > Cases Phrase: encumbrance Page 1 of about 22,061 results (0.004 seconds)

V. Sambandan Vs. The Punjab National Bank Rep. by its Chairman cum Man ...

Court : Chennai

..... vernacular language having sufficient circulation in the locality by setting out the terms of sale, which shall include, - (a) the description of the immovable property to be sold, including the details of the encumbrances known to the secured creditor; (b) the secured debt for recovery of which the property is to be sold; (c) reserve price, below which the property may not be sold; (d) time and place ..... supra, we are unable to accept the contentions of the bank that by imposing a condition, "as is where is" and "as is what is", the bank has no obligation to mention in the auction notice, the encumbrance of the property, sought to be sold and it is suffice to contend that in the auction notice, the bank has clearly stated that the property sold was in "as is where is" and "as is what is" ..... to such person as he appoints and the plaintiff shall, if so required, re-convey or re-transfer the said property from the mortgage and clear of and find all encumbrance created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so required, delivery upto the defendant quite and peaceful possession of the said ..... refuting the contention of the appellant that under sarfaesi act, 2002, the authorised officer is bound to convey clear and marketable title free of all encumbrances to the auction purchaser/writ petitioner, mr.r.umasuthan, learned counsel for the respondent-bank submitted that the auction sale, dated 17.07.2009, conducted by the respondent .....

Sidhnath Mehrotra Vs. Board of Revenue

Court : Allahabad

Reported in : AIR1959All655

..... therefore arises is whether section 24 as well as its explanation apply to all cases where the property transferred is subject to an encumbrance or charge or whether they were intended to apply only to those cases in which the transfer is made subject to the charge ..... stated in the second term of the sale deed that the property was being conveyed free from all encumbrances except the charge in favour of the bank for the satisfaction of which arrangement had already been made ..... vendee wants to get the full rights in the property he will have to satisfy the encumbrance himself and if the encumbrance was concealed from him may ultimately hold the vendor liable for the amount. ..... of section 24 of the stamp act and particularly the explanation appended to it therefore the amount of the encumbrance must be taken into account for correctly assessing the stamp duty payable in respect of the document. ..... the second clause declares that the property was being sold free from all encumbrances except the charge in favour of the bank which was to be paid off in the manner ..... the enactment, it becomes difficult to accept the contention that in all cases of transfer of encumbered properties even if the sale is made free from encumbrances the amount of the encumbrance should be added to the price paid for the purpose of stamp duty. ..... he was of opinion that as the property which had been sold was subject to an encumbrance in favour of the hank in respect of rs 10,00,000/- under section 24 of the indian stamp .....

Suraj Mal and anr. Vs. Manohar Lal

Court : Delhi

Reported in : ILR1973Delhi1016

..... reasonable rent in excess of the rent already payable under the lease as may be fixed by the consolidation officer and in the case of any other encumbrance, subject to sach reasonable reduction in the area or in the rate of interest as may be fixed by the consolidation officer, having regard to the substantially better security provided by the owner of the new holding ..... -owner and this is apparent from a reading of the rules framed in delhi in 1952 vide notification no.f-1.52 r&1 dated 25ih january, 1952 in which the mentioning of encumbrances in the scheme and the repartition proposals have been specifically provided for as opposed to there being no specific provision for them in the consolidation rules which were in force earlier ..... 26, the consolidation officer shall- (1) if the new holding is of the same market value as the original one, transfer to the entire encumbrance attaching to the latter; if the new holding is of a substantially greater market value than the original one, transfer to the former holding the encumbrance attaching to the latter, subject, in the case of a lease, to the condition that the lessee shall pay to the owner such ..... if the holding of landowner or the tenancy of a tenant brought under the scheme of consolidation is burdened with any lease, mortgage, or other encumbrance such lease, mortgage or other encumbrance has to bs transferred and attached to the holding or tenancy allotted under the scheme or to such part of it as the consolidation offieer .....

National Textile Corporation Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1976Bom28; (1975)77BOMLR352

..... but the first passage merely brings out the distinction between two types of rights, in re alien while in the second passage the learned author has indicated that on essential characteristic of an encumbrance is that it must run with the right encumbered by it, in other words, the burden or liability must run with the right encumbered by it so that a change of ownership ..... imposed upon the full rights of the owner to deal with or dispose of his land in any manner he likes and which would continue to attach or run with the land would amount o an encumbrance on the land and he pointed out that it cannot be disputed that the issuance of notifications in question has the effect of diminishing the value of the property by pegging the price thereof to the ..... reason of the notifications the appellant's right to use or transfer the said land could be said to have been impaired and therefore the notifications in question constituted an 'encumbrance on the said land and therefore under section 4(2) of the said act the said land must be held to have vested in the central government and thereafter in the appellant ..... 4 and 6 of the land acquisition act in this case in relation to the land belonging to the original petitioner -company amount to 'encumbrance' within the meaning of section 4(2), for unless the said two notifications amount to such an encumbrance within the meaning of section 4(2) the land in question cannot be said to have vested in the central government freed from the liability of .....

Julikhabi W/O A.T. Suphy and anr. Vs. the State of Maharashtra and ors ...

Court : Mumbai

Reported in : 1996(5)BomCR217

..... sarda education trust filed revision petition against the order passed by the sub-divisional officer on 8.10.1985 and the additional commissioner held that the land delimited by the sub-divisional officer was subject to an encumbrance under section 16(1) of the tenancy act and, therefore, it was required to be retained by sanaullah khan and the sub-divisional officer ought not to have delimited the said land and the other land from the ..... restoration act is not covered by definition of 'transfer' under section 8 of the ceiling act and, therefore, section 10(1) of the ceiling act was not applicable and such land was not covered by section 16(1) as it was not subject to an encumbrance and, therefore, the land-holder was entitled to select the land upto the ceiling area of the choice under section 16(2) of the ceiling act. ..... (1) where a person or a family unit holds land in excess of the ceiling area and the whole or part of such land - (a) is subject to an encumbrance, or (b) answers to the description of clause (b) of section 18,then subject to the provisions of sub-section (1) of section 10 and section 15, such person or the family unit shall retain such land (whether that land is held as owner or as tenant upto ..... section 16(1), inter alia, provides that where a person or family unit holds land in excess of the ceiling area and the whole or part of such land is subject to an encumbrance, then the person or family unit shall retain such land upto the extent of the ceiling land. .....

Tata Consulting Engineers and Another Vs. Union of India and Others

Court : Karnataka

Reported in : (1994)118CTR(Kar)449; ILR1994KAR913; [1994]206ITR237(KAR); [1994]206ITR237(Karn); 1994(38)KarLJ28

..... , contended that section 269ue(2) to (4) will not be attracted only if the three conditions specified in the proviso to sub-section (2) of section 269ue are satisfied, that is, (a) the person in possession should be a bona fide encumbrance holder or bona fide lessee; (b) that such encumbrance or lease should not have been declared as void under section 269ue(1); and (c) such person should be eligible to continue in possession of the property even after the transfer, in terms of the agreement of transfer. ..... -sections (3) and (4) shall not apply where the person in possession of the immovable property, in respect of which an order under sub-section (1) of section 269ud is made, is a bona fide holder of any encumbrance on such property or a bona fide lessee of such property, if the said encumbrance or lease has not been declared void under the proviso to sub-section (1) and such person is eligible to continue in possession of such property even after the transfer in terms of the aforesaid ..... the words 'in terms of the agreement for transfer referred to in sub-section (1) of section 269uc' were substituted for the words 'free from all encumbrances' in sub-section (1) and proviso to sub-sections (1) and (2) were added by the finance act, 1993, with retrospective effect from november 17, 1992. .....

Vedantam Subbarayudu (Dead) and ors. Vs. Chattapalli Lakshminarasamma ...

Court : Chennai

Reported in : AIR1939Mad949; (1939)2MLJ533

..... presumption would be merger but where there is an expression of an intention or an intermediate encumbrance or such a continuance would be for his benefit, a rebutting presumption will be made in ..... in that case certain properties were sold for discharging the prior encumbrances and as there was no registered instrument in the case, the right of ..... person advancing the money had no notice of an intermediate encumbrance or other circumstances which would raise equity in his favour ..... took a conveyance purporting to be free from encumbrances could not set up a mortgage which had been paid off out of the purchase money against an encumbrance subsequent in date of which he had constructive notice ..... their lordships remarked that as there was no intermediate encumbrance, the charge must be deemed to be extinguished and they declined to raise an equity in ..... but if it is shown that there is an intermediate encumbrance or other circumstances which raise equity in his favour, the presumption shifts or is rebutted and an agreement with the borrower that the mortgage was to be kept alive ..... absence of any declaration of his intention destroy it, but if there was a reason for keeping it alive such as the existence of another encumbrance, equity would not destroy it. ..... to the recognition of the principle that a person having an existing interest and not being under personal or contractual liability to pay an encumbrance is entitled to be subrogated to the rights of a prior encumbrance which is discharged. .....

Ram Prasad Vs. Shiva Kumar and anr.

Court : Allahabad

Reported in : AIR1932All55

..... objection of notice to the judgment-debtor is that he should appear and see what are the declarations of the-decree-holders as to the property, what is the report made by the sub-registrar as to the encumbrance and to state, if necessary, whether those statements were correct or should be modified and if so, in what way? ..... made an attempt to do anything of the kind he would have discovered that the encumbrance mentioned by the decree-holders in their verified statements and mentioned in the sub-registrar's certificate was an encumbrance which was not admitted by the decree-holders as subsisting. ..... thus it might be that the encumbrance had been paid off or that it being a subsequent encumbrance, it was the contention of the decree-holders that it could not affect the sale of the property under their decree based on ..... that the decree-holder did not 'admit' the encumbrance because his encumbrance was of a prior date and the subsequent encumbrance-could not affect the sale under the prior encumbrance. ..... after notice to the decree-holder and the judgment-debtor and shall state the time and place of sale and specify as clearly and accurately as possible several matters and among them any encumbrance to which the property is liable.6. ..... application on 7th december 1928, but without any verified statement and without any certificate of encumbrance granted by the sub-registrar. ..... had been fixed fell through and a second sale proclamation was issued and this time the encumbrance was shown as-rs. .....

Podapati Chendrayya Vs. Manduva Hanumayya and ors.

Court : Chennai

Reported in : AIR1927Mad193

..... the contention as put forward in the plaint is that he was not aware of the existence of the encumbrance at the time of the sale and that certain recitals in the document were introduced after the sale-deed was executed. ..... it is well-settled that the mere fact that a vendee is aware of the existence of an encumbrance does not relieve the vendor of the statutory liability to get the encumbrance discharged in the absence of a contract to the contrary by mahamed ali sheriff v. ..... it may be that both the parties thought that the encumbrance would be satisfied with a small amount if it was not recited in the document. ..... if this clause is as regards title alone then the plaintiff would be entitled to get relief in respect of any encumbrance which the vendor was under a statutory obligation to discharge. ..... expression used in this clause if it meant only dispute to title then the plaintiff would be entitled to relief; but, if this clause meant, as both the lower courts have understood the clause to mean, disputes with regard to encumbrance as well then the plaintiff is not entitled to succeed.4. ..... no doubt, the mere knowledge of the plaintiff that there was an encumbrance would not relieve the vendor of the statutory liability to discharge the encumbrance on the property which he sells. ..... they wanted to prove that the plaintiff was aware of the existence of the encumbrance and that he got the property with the full knowledge that there was an encumbrance and that he undertook to discharge it. .....

T. Ramachandra and ors. Vs. N. Ranganatha Chettiar

Court : Karnataka

Reported in : AIR2003Kant489; 2003(4)KarLJ467; (2003)IIILLJ976Kant

..... file of the xxix additional city civil judge, bangalore, and for directing restoration of their possession over the suit schedule property on the ground that the encumbrance certificate produced by the respondent along with the suit plaint which was the main foundation for seeking relief in the suit, was forged and concocted one. ..... invited the attention of sri eshwarappa, who on personal verification of the original records of the sub-registrar fairly conceded that he cannot dispute the fact that the xerox copy of the encumbrance certificate produced along with the plaint was forged and tampered document and it is for this court to draw appropriate inference and give directions in this regard. ..... filed as an annexure to the plaint, further, in order to ascertain the genuineness of the xerox copy of the encumbrance certificate filed before the court below, the learned additional government advocate was directed to secure the records from the office of the concerned sub-registrar with his personal affidavit stating as to whether the encumbrance certificate as produced before the court below was in fact issued and was genuine.7. ..... bangalore, produced the original records and also filed his personal affidavit categorically stating that the xerox copy of the encumbrance certificate produced along with the plaint before the court below was a forged document. ..... original records produced by the sub-registrar shows that the encumbrance certificate which was for the period 1-4-1911 to 31-3-1912 .....