Execution of mortgage
Execution of mortgage legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Some of charged documents were executed on behalf of guarantor by her husband as general attorney but the attorney was not on record
Bank had shown that documents were signed by guarantor in year 1997, including registered mortgage deed for an amount of Rs. 100,000 and another mortgage deed for an amount of Rs.6.155 million, were signed " by guarantor personally and signatures matched
Both the mortgage documents stated that security was tendered to secure disbursement of finance to defendant company
High Court passed interim decree in favour of bank to the extent of Rs.6.155 million and in respect of claim made by the bank for remaining amount of Rs.75.8 million unconditional leave to defend was granted to the guarantor
Decretal amount, under. S.3 of Financial Institutions (Recovery of Finances) Ordinance, 2001, was subject to payment of cost of funds from the date when, guarantor first disputed her liability towards bank in her petition for leave to appear
Petition was allowed accordingly.
"Execution of mortgage", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124937105
Precedents & Case Laws citing "Execution of mortgage"
1987 C L C 742
CORPORATION‑‑Applicant Versus Syed SIRAJ AHMED‑‑Respondent,
Court: Karachi2007 S C M R 1186
ABDUL GHANI — Appellant Versus MUHAMMAD SHAFI and 4 others — Respondents
Court: Supreme Court of Pakistan2012CLD 1336
BANK OF KHYBER — Plaintiff Versus Messrs SPENCER DISTRIBUTION LTD. through Chief Executive and 14 others — Defendants
Court: Lahore2005 C L C 1141
Mst. ZUBEDA BIBI‑‑‑Petitioner Versus Mian KHALIL‑UR‑REHMAN‑‑‑Respondent
Court: Lahore2006 C L D 1432
PUNJAB SMALL INDUSTRIES CORPORATION through Regional Director, Gujranwala — Appellant Versus MUSLIM COMMERCIAL BANK LTD. through
Court: Lahore1989 M L D 2979
NATIONAL BANK OF PAKISTAN — Plaintiff Versus FAKIR SPINNING MILLS LTD. and 4 other — Defendants
Court: Karachi2003 C L D 46
Mst. IRSHAD BIBI‑‑‑Appellant Versus MUSLIM COMMERCIAL BANK LIMITED through Manager and 3 of
Court: Lahore2006 C L D 1299
Malik KHALIL AHMED — Appellant Versus HABIB BANK LIMITED through Branch Manager and 2 others — Respondents
Court: LahoreP L D 1986 Lahore 279
NAZEER AHMAD‑Appellant Versus Mst. HUSSAIN BIBI AND 7 OTHERS‑Respondents
Court: ‑‑ O. VII, r. 7‑Agreement to mortgage with tenant‑tenant, subsequent to agreement to mortgage, spending certain amount on repair of property in question Cost of repair having not been mentioned in agreement to mortgage cannot be treated as mortgage money‑Tenant, held, was entitled to recover cost of repair by way of equitable relief, even though he had not asked for said amount as an independent relief.‑ Mortgage.2000 M L D 1312
PAK LIBYA HOLDING CO. (PVT.) LTD. ‑‑‑Applicant Versus NORTHERN CHEMICALS LTD. and others‑‑‑Respondents
Court: Karachi