...obliged to make a mortgage or that he was even asked to make a mortgage. Furthermore, bearing in mind the rates of interest which are common in these Provinces, Rs. 12 per cent, per annum with yearly...proved. In the connected appeal the plaintiff appeals against so much of the decree of the lower appellate Court as disallowed portion of the interest claimed. With regard to the proof of the mortgage...1. Thia appeal arises out of a suit on foot of a mortgage, dated 18th of November 1904 The mortgage is alleged to have been made by Shib Dayal the appellant, in favour of one Babu Lachman...

...obliged to make a mortgage, or that he was even asked to make a mortgage. Furthermore, bearing in mind the rates of interest which are common in these provinces, Rs. 12 per cent. per annum with yearly...alleged that the mortgage was not proved. In the connected appeal the plaintiff appeals against so much of the decree of the lower appellate court as disallowed a portion of the interest claimed. With...Richards, C.J and Piggott, J.:— This appeal arises out of a suit on foot of a mortgage, dated the 18th of November, 1904. The mortgage is alleged to have been, made by Shib Dayal, the...

...agree to pay the entire mortgage money together with accrued interest at the rates stipulated in the mortgage bond.12. We, accordingly, direct that while the prayer for...monies paid on the assignment of the mortgage together with accrued interest thereon. In this case, as the money so laid out is on mortgage the relief must take the form of a preliminary decree for sale...on mortgage with two years' time to the respondents to deposit in the trial court the mortgage money and accrued interest till date of deposit. If the mortgage amount is not deposited within two years...

...mortgage deed incorporating the revised rates of interest is not necessary and the want of registration is not fatal to the en forcement of ex. A - 1 and found other issues also against the defendant and.... 95,000/ - and out of the said sum the sum of rs. 93, 770/ - was paid. The rate of interest stipulated is 7% p. A. Thereafter the ist defendant executed a simple mortgage deed dated 26 - 6 - 1965 ex. A...the rate of interest on the principal amount of the load from 7 to 8% p. A. And the rate of interest on defaulted payments either on principal or interest from 7% to 12% p. A. The revised rates of...

...different and the plaintiff is now in effect claiming a lien over all the properties while his mortgage was only on a l-3rd share. We are also told that the rates of interest were different, the prior...a prior mortgage decree for Rs. 5,604 on the entire property, it might be declared that defendant No. 1 purchased subject at least to the liability for that sum with interest. The only question...the plaintiff to secure Rs. 10,000 and interest. On 19th March 1903, out of these Rs. 10,000 Nritya Gopal Rai's mortgage decree of Rs. 5,604 was paid off and satisfaction entered on that decree...

...was legal necessity to borrow money at the high rates of interest as provided in the mortgage bonds. 3. But it seems to me that this appeal must fail on another ground. It is well...obvious that the question whether there was legal necessity to borrow at these high rates of interest was one which was not available to the mortgagor nor to the kebaladars claiming title through the..., the plaintiffs, were interested in the mortgage security they did not make them parties with a view to defeat their claim for redemption. They allege various grounds in their plaint to induce the Court...

...on such land, be deemed to be substituted by a simple mortgage carrying such rates of interest as may be prescribed;”5. Learned counsel submits that Section 82 clearly says that if...on the suit of the bhumidhar:Provided that a mortgage with possession existing on the date of the cancellation of the declaration shall, to the extent of the amount due and secured...

...the secured loan account and the cash credit (hypothecation) account and the mortgage loan account and totalling to Rs.28,06,092l- with interest thereon @15.5%o per annum with monthly rests from the... oA 283/2005 and the cash credit (hypothecation) facility and the mortgage loan. Having regard to the amounts advanced and the interest and the penal...) limit A33. Certified copy of statement of account relating to mortgage loan A14. Memorandum of interest relating to mortgage loan .A35...

... oa.26912021 being the guarantor failed to repay the loan amounts. The defendants cannot be permitted to raise variation in interest rates, creation of mortgage and...capitalisation and the excess rates of interest ought to have been notlcedin the statement of account filed by the applicant bank Under such facts and circumstances, the OA claim of the.../- alongwith interest @11olo p.a. simple from the date of apptication till the date of realization; ii) the OA claim is secured by way of mortgage of OA schedule properties and...

...collect the interest at the rates postulated under the terms and conditions of deed of mortgage, in which event the society and its members would be saddled with additional burden. In the present case...distributed to its members. As per the agreement, the rate of interest is 14.20% and 14.30% per annum and as many as four different mortgage deeds were executed for different properties. At one point, the 1st...terms and conditions of the mortgage and they are entitled to a further slash in the rate of interest because of the pendency of the litigation for a considerable period. Since the competent authority...

...but subject to the provision that on repayment of the mortgage money with interest it is to be reconveyed to him by the mortgagee. The mortgagor undertakes to pay rates and taxes and other impositions...building standing thereon is still subject to the mortgage. Interest being admittedly in arrears for over six months Mr. Deveria, acting on behalf of Miss Jones, and acting under a power of attorney..., provided that the price obtained, less the brokerage commission, was paid to the mortgagee. In default of payment of the mortgage money or interest on 27th July 1938 or in default of payment of any...

...mortgage money with interest it is to be reconveyed to him by the mortgagee. The mortgagor undertakes to pay rates and taxes and other impositions “now or hereafter to become payable” in respect of the...commission was paid to the mortgagee. In default of payment of the mortgage money or interest on July 27, 1938, or in default of payment of any money which the mortgagor undertook to pay, the mortgagee will...greater force that the mortgagor by contract retains the valuable part of ownership. In India a mortgage is the transfer of an interest in specific immoveable property; in substance it is not the...

...stating that the Mortgage Deed was prepared only by the plaintiffs and having agreed to pay 24% interest at compounded rates and also having admitted the borrowing and execution of the Mortgage Deed as...this nature, the parties never intend to agree for payment of simple interest. The Mortgage Deed also provides for calculation of interest at compounded rates and that the interest would add up to...advantage by using the money borrowed from the defendant, it would be inequitable to direct payment of interest at 6% , that too at Simple Interest rates. 27.In this regard, the decisions that...

...mortgage on 17th January 1899 or whether the respondents dispensed with the necessity for such a tender. On either ground the claim is that interest ceased to run from the date mentioned. Mr..., that is, calculating interest at the rates specified therein. This or any amount was never actually tendered by the appellants, nor was it sought to be deposited in Court. In fact, before the...Section 84 of the Transfer of Property Act is that liability for interest on the amount due on the mortgage shall cease from the date of the tender, ...

...limitation and there is no capitalization of penal interest. 12. In view of the fact that the subject loan is a mortgage loan and the applicant has charged interest at...contractual rates till the date of filing and further as the interest rates have come down the Tribunal is inclined to reject the interest with monthly rests and award simple interest at reduced ...with interest at the rate of 13% per annum with monthly rests from the date of filing of the application till the date of realization in full along with costs of this application and schedule...

...and observe all the terms and conditions, mentioned in the agreement as well as in the documents of mortgage dated 22.07.1982 In cause of default, the Corporation shall charge interest @ 15% per annum...or such revised rates as may be fixed by the Corporation from time to time on the defaulted amount for the period of default. What is argued is that the respondents should have computed interest only...required to pay amount of Rs. 12,29,280/- under the Term Loan Account; amount of Rs. 13,34,969/- under IFL Account and amount of Rs. 2,900/- under Funded Interest Account.2. Mr. R.P...

...indicated above. On the question as to whether the rate of interest charged on monthly rests, I hold that there is no such stipulation rather the documents show different rates and the mortgage deed shows no stipulation of ...charged on monthly rests.6. Before adverting to the judgment, I note that in the documents of the plaintiff itself, interest has been mentioned at various rates. Ex.PW-2.F, which is a...interest should be 15% per annum with quarterly rests. I also note that in the mortgage deed Ex.PW-2.H executed on 3rd May, 2003, the rate of interest has been left blank. The relevant portion of the deed...

...mortgaged her interest in certain property to the appellant. The Subordinate Judge has decreed the appellant's suit on the mortgage bond but has reduced the rate of interest from the stipulated rate of...Subordinate Judge was justified in so reducing the rate of interest. To the suit a subsequent mortgagee of the equity of redemption of the mortgage sued upon has been made a party and he also appears as a...trial which showed that on other occasions and to other persons he had lent money at rates of interest lower than that stipulated for in this bond but the circumstances of these loans have not been...

...………… 7. *(a) I own the house in which I live; its value is Rs.............. I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs.... Learned counsel for the judgment debtors seeks one week's time to file the affidavit in terms of order dated 03rd September, 2015. In the interest of justice, one week's time ...and the dates of their acquisition, and the nature of the right, title and interest therein; (v) The address of the Registered Office and the Corporate or branch offices...

...1. A substantial question has been raised in this appeal. That relates to the right of a mortgagee to claim interest provided in the mortgage deed from the date of suit till the period...principal and interest on the mortgage, the costs of suit if any awarded to him and other costs, charges and expenses properly incurred up to that date in respect of the mortgage security together with...mortgage money at the rate agreed between the parties, or, failing such rate, at such rate not exceeding 6 per cent per annum as the Court deems reasonable and(b) subsequent interest up to the...