The Law of Mortgage in Bengal and the North West Provinces |
Other editions - View all
The Law of Mortgage in Bengal and the North West Provinces Arthur George MacPherson No preview available - 2019 |
Common terms and phrases
12 per cent absolute Act XIV Act XXVIII agreement alienation amount due apply arrears bonâ fide bond borrower brought bye-bil-wufa cause of action claim conditional sale contract debt decision declared default defendant deposit English law entitled equity of redemption execution expiration foreclose gagee gagor heirs High Court Hindu law hypothecation issue liable lien loan Mahomedan Mofussil Court Moore's Ind mort mortgage by conditional mortgage deed mortgaged property mortgagee in possession mortgagee's mortgagor North West Provinces notice of foreclosure obtained a decree paid payment person plaintiff pledged principal sum prior Privy Council proceeds proprietor purchaser received recover redeem registered Regulation rents right of redemption rule rupees simple mortgage sold stamp stipulated subsequent sued suit for possession Supreme Court tender third party tion transaction twelve usufruct usufructuary mortgage usury widow XXVIII of 1855 zillah zur-i-peshgee lease
Popular passages
Page 237 - AB, his heirs, or assigns, sell the said premises, or any part thereof, either together or in parcels, and either by public auction or private contract, and...
Page 15 - The power of the manager for an infant heir to charge an estate not his own, is under the Hindu law a limited and qualified power. It can only be exercised rightly in a case of need, or for the benefit of the estate.
Page 119 - ... an acknowledgment of the title of the mortgagor or of his right of redemption shall have been given to the mortgagor or some person claiming his estate or to the agent of such mortgagor or person in writing signed by the mortgagee or the person claiming through him...
Page 16 - ... necessities for the loan, and to satisfy himself as well as he can, with reference to the parties with whom he is dealing, that the manager is acting in the particular instance for the benefit of the estate. But...
Page 31 - For, assuming her to be entitled to the zemindary at all, the whole estate would, for the time, be vested in her absolutely for some purposes, though in some respects, for a qualified interest ; and until her death it could not be ascertained who would be entitled to succeed.
Page 238 - Act may be exercised by any person for the time being entitled to receive and give a discharge for the mortgage money.
Page 5 - Calcutta ; provided that their inheritance and succession to lands, rents, and goods, and all matters of contract and dealing" between party and party, shall be determined, in the case of Mahomedans, by the laws and usages of Mahomedans ; and in the case of Gentus, by the laws and usages of Gentus : and, where only one of the parties shall be a Mahomedan or Gentu, by the laws and usages of the defendant.
Page 238 - ... any other person or persons who may not be seised of the legal estate in the premises...
Page 238 - ... or otherwise, as to the propriety or regularity of such sale ; and notwithstanding any impropriety or irregularity whatsoever in any such sale, the same shall, as...
Page 237 - Schedule hereunder written, together with all commons, ways, lights, waters, water-courses, righto, privileges, easements, advantages and appurtenances whatsoever to the said hereditaments, or any part thereof appertaining, or with the same or any part thereof...