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Showing posts with the label Gehan

Decree Holder can Apply for Sale of Property subject only to the First Charge [JUDGMENT]

Civil P.C. 1908 – S. 64 -  Mere execution of a loan application during continuance of the attachment would neither amount to a transfer nor a delivery of interest in the property.

Sale of Mortgaged Property without fixing Fair & Accurate Value is laible to be Set Aside [Case Law]

Kerala State Co-operative (Agricultural and Rural Development Banks) Act, 1984 - Rules 8 (e) (iv) & 11 - Procedure in the sale of Mortgaged property / Gehan -  Sale of immovable property to be proportionate to arrears due -  Sale of the mortgaged property, without even fixing a fair and accurate value of that property - sale conducted in violation of the mandate.