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Thursday, January 15, 2026

Home Tag Mortgage

Tag: Mortgage

CrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

by Punjab Law Reporter

April 13, 2024

High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of ...

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

by PLRonline

November 11, 2023

Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230 ...

IBC S. 9 – Settlement entered into between parties- Does not fall within the ambit of an operational debt. [2023 PLRonline 9004 (NCLT)]

by PLRonline

November 1, 2023

PLR PLRonline . 2023 PLRonline 9004 (NCLT) . NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI Before: Shri Mahendra Khandelwal, Member ...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

Banking – Auction – Mortgage – Receiver has responsibility to maintain the property in good condition and prevent its deterioration – Creditor cannot later claim that the property lost value while in their custody, will be accountable for any loss in property value.

by PLRonline

April 22, 2023

While the attempt of the banks and financial institutions to minimize their losses makes good business sense, there cannot be ...

Specific Relief Act S. 13 – This right of the plaintiff is secured by Section 13 of the Act which entitles the plaintiff to ask the vendor to clear his title; if he does not have the requisite title; to pass on to the vendee. [PLRonline 311090]

by PLRonline

April 9, 2023

LogIn to download judgment and Full headnote / PLRonline 311090 Lokesh v. Rameshwar Tyagi , 2017 PLRonline 9000 Punjab and ...

Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)

by PLRonline

March 25, 2023

SUPREME COURT OF INDIA (Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.) SATISH CHANDER AHUJA - Appellant v. SNEHA ...

Sarfaesi Act, S. 18 – DRAT cannot entertain an Appeal under SARFAESI Act without Pre- deposit. PLRonline 5154302 (SC)

by PLRonline

March 8, 2023

LogIn to read 2020 PLRonline 5204 Supreme Court Of India Deepak Gupta, J. Aniruddha Bose, J Union Bank of India v. Rajat ...

Mathew Varghese v. M. Amritha Kumar

by PLRonline

March 6, 2023

Mathew Varghese v. M. Amritha Kumar And Others, Supreme Court Of India Civil Appeals Nos. 1927-29 of 2014 10.02.2014 Krishnan ...

Look Out circular – Banking – From quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by the borrower/guarantor, moreso when no criminal case alleging fraud has even been filed. PLRonline 414654

by PLRonline

March 8, 2023

Poonam Paul v. Union of India, 2022 PLRonline 0498 ; ((2023-1)209 PLR 403 (SN)) Look Out circular - Banking - ...

IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor

Contract Act, S. 171 – Lien – Unless a person is a party to a loan transaction in whichever capacity, the question of the Bank’s exercising the general lien vis-à-vis the property of that person—even if he or she were the spouse of the contracting party does not arise

by PLRonline

February 26, 2023

Put differently, it falls foul of the contractual obligations of the banker and customer - Question of the husband's implicitly ...

CPC O. 21 – Decree – If amount is deposited, or paid to decree holder or person entitled to it, the person entitled to the amount cannot later seek interest on it – If dep[opsited in court mandatorily should be deposited in a bank

by PLRonline

February 22, 2023

202 PLRonline 436600 2023 SCeJ 0025 SUPREME COURT OF INDIA Before: Justice M.R. Shah, Justice S. Ravindra Bhat. K. L. ...

Limitation Act, Art. 61 – Usufructual mortgage – Right to redeem has been held to continue till the mortgage money is paid for which there is no time limit.

by Punjab Law Reporter

June 7, 2022

Limitation Act, Art. 61 - Usufructual mortgage - Right to redeem has been held to continue till the mortgage money ...

Insurance policy – Non communication of special terms of policy – Repudiation set aside

Bank – Loan – Mortgage – “oral assent” – Bank says there is “oral assent” for such extension, to get over the difficulty of not having any registered document evidencing extension – Any internal record of the Bank recording oral assent for such extension for enhancement of the Loan limits does not bind the petitioners being a unilateral document to which they did not subscribe their signatures

by Punjab Law Reporter

May 3, 2022

Bank – Loan – Mortgage - “oral assent” - Bank says there is “oral assent” for such extension, to get ...

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Loan – Mortgage – Can there be an “oral assent” for creation of mortgage?

by Punjab Law Reporter

May 3, 2022

Bank – Loan – Mortgage - “oral assent” - Bank says there is “oral assent” for such extension, to get ...

Limitation Act S. 5 – Merely because sufficient cause has been shown, a party is not entitled to the condonation of delay in question as a matter of right if sufficient cause is not proven – Commercial Courts Act 2015

Bank – Loan – “attendance register” – Is not evidence of any “oral assent” by petitioners to the extension of equitable mortgage

by Punjab Law Reporter

May 3, 2022

Bank - Loan - “attendance register” - An “attendance register” can at best only be evidence of attendance of a ...

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Tag: Mortgage

CrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

IBC S. 9 – Settlement entered into between parties- Does not fall within the ambit of an operational debt. [2023 PLRonline 9004 (NCLT)]

Banking – Auction – Mortgage – Receiver has responsibility to maintain the property in good condition and prevent its deterioration – Creditor cannot later claim that the property lost value while in their custody, will be accountable for any loss in property value.

Specific Relief Act S. 13 – This right of the plaintiff is secured by Section 13 of the Act which entitles the plaintiff to ask the vendor to clear his title; if he does not have the requisite title; to pass on to the vendee. [PLRonline 311090]

Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)

Sarfaesi Act, S. 18 – DRAT cannot entertain an Appeal under SARFAESI Act without Pre- deposit. PLRonline 5154302 (SC)

Mathew Varghese v. M. Amritha Kumar

Look Out circular – Banking – From quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by the borrower/guarantor, moreso when no criminal case alleging fraud has even been filed. PLRonline 414654

Contract Act, S. 171 – Lien – Unless a person is a party to a loan transaction in whichever capacity, the question of the Bank’s exercising the general lien vis-à-vis the property of that person—even if he or she were the spouse of the contracting party does not arise

CPC O. 21 – Decree – If amount is deposited, or paid to decree holder or person entitled to it, the person entitled to the amount cannot later seek interest on it – If dep[opsited in court mandatorily should be deposited in a bank

Limitation Act, Art. 61 – Usufructual mortgage – Right to redeem has been held to continue till the mortgage money is paid for which there is no time limit.

Loan – Mortgage – Can there be an “oral assent” for creation of mortgage?

Bank – Loan – “attendance register” – Is not evidence of any “oral assent” by petitioners to the extension of equitable mortgage

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