Nitish Vs State Of Maharashtra And Others
.... to redeem the Mortgaged property shall not be exercised after the decree for foreclosure is passed by the civil court. Any time after the mortgage money becomes due the mortgagor may pay the mortgaged debt and get the mortgaged property redeemed. Clog on redemption to be void :- A ...
Bombay High Court (Nagpur Bench)
Avitel Post Studioz Limited & Ors. Vs HSBC PI Holdings (Mauritius) Limited
.... ips’ House of the functions which belong properly to Parliament, rather than as a judicial exercise in departing from an earlier decision on the ground that it has become obsolete and could still, in a limited class of cases, continue to cause some degree of injustice.” (at pp. 129-130) ...
Supreme Court Of India
Tata Capital Financial Services Limited Vs Deccan Chronicle Holdings Limited and Another
.... ndent of the well-known principles governing the grant of an interim injunction that generally govern the courts in this connection. 21. The Supreme Court directed that while the respondent should not enter into a contract for mining and lifting of minerals with any other entity until conclusion ...
Bombay High Court
Palapala Seetharamaswamy Vs Palapala Sujya Kumar
.... ffs were existence at the time of the death of the testator. Hence the plaintiffs are not entitled to any share in the suit properties hereunder the will or under the general law of succession. It is true that Ramulu died in 1965. Till his death this defendant used to look after Ramulu and his famil ...
Andhra Pradesh High Court
Chhagan Guman Vs Lakshman Dagdu
.... i.e., by the transferor. The mortgagee, who obtained the money decree, held it subject to the condition or obligation prescribed by Section 99 of the Transfer of Property Act that if he seeks execution of it against the mortgaged property, he can only attach it but he cannot bring it to sale except ...
Bombay High Court
Berhamdeo Pershad Vs Tara Chand
.... by application in the execution department. As the plaintiffs were parties to the appellants'' suit, and their mortgage had already matured, it was open to them to have proved their mortgage and they would have been undoubtedly entitled on doing this to the balance of the sale-proceeds. Their mortg ...
Calcutta High Court
Achalabala Boss. Vs Surendra Nath Dey.
.... y or in the right of redemption, if it thinks fit, pass a like decree (in lieu of a decree for foreclosure) on such terms as it thinks fit, including, if it thinks fit, the deposit in Court of a reasonable sum, fixed by the Court, to meet the expenses of sale and to secure the performance of the ter ...
Calcutta High Court
Kanti Ram and Others Vs Kutubuddin Mahomed and Others
.... e authority of the ruling of the Allahabad High Court, that those words are mere words of description. It will also be observed that the section empowers the Court to order that the property be sold free from any prior incumbrance, if the prior incumbrancer so consents; and this to our minds is also ...
Calcutta High Court
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