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Distribution of proceeds

Distribution of proceeds legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2018 SCMR 24 SUPREME-COURT Judicial Precedent
Ss.15 & 19Civil Procedure Code (V of 1908), O. XXXIV, R. 13Two mortgages created over same assetSale of mortgaged assetDistribution of proceeds

Where two mortgages had been lawfully created in respect of same assets of the judgment debtor, if no other terms were specified between the parties to the contrary, unless the decree of first charge was fully satisfied by its sale proceeds, the decree from second charge, even if created with the consent of first mortgagor, would not be executable as it would be only subject to the satisfaction of the first decree/charge.

2017 CLD 1707 SUPREME-COURT Judicial Precedent
Ss.15 & 19Civil Procedure Code (V of 1908), O. XXXIV, R. 13Two mortgages created over same assetSale of mortgaged assetDistribution of proceeds

Where two mortgages had been lawfully created in respect of same assets of the judgment debtor, if no other terms were specified between the parties to the contrary, unless the decree of first charge was fully satisfied by its sale proceeds, the decree from second charge, even if created with the consent of first mortgagor, would not be executable as it would be only subject to the satisfaction of the first decree/charge.

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Precedents & Case Laws citing "Distribution of proceeds"

PLD 1989
Civil Suit No.905 and Civil Miscellaneous Nos.7256 and 7375 of 1988, decided on 1st December, 1988.

P L D 1989 Karachi 71

ABDUL SATTAR SHAH ZAIDI — Plaintiff Versus UNIVERSITY OF KARACHI through its Vice-Chancellor and Ex Officio Chairman, Board of Governors, I.B.A. University Campus, Karachi and another — Defendants

Court:
YLR 2005
C.R. No.171 of 2004, decided on 7th December, 2004.

2005 Y L R 1954

ABDUL GHAFAR — Petitioner Versus SHAFQAT ALI, ADDITIONAL JUDGE, SHEIKHUPURA and 8 others — Respondents

Court: Lahore
MLD 2006
2006-January-26

2006 M L D 1321

INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN — Petitioner Versus Messrs FRENCH FOOD PRODUCTS (PVT.) LTD. — Respondent

Court: Karachi
CLD 2017
2016-January-13

2017 C L D 1707

INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN — Appellant Versus UNITED BANK LIMITED and others — Respondents

Court: Supreme Court of Pakistan
SCMR 2018
Civil Appeal No. 73-P of 2010, decided on 13th January, 2016.

2018 S C M R 24

INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN — Appellant Versus UNITED BANK LIMITED and others — Respondents

Court: Supreme Court of Pakistan
CLD 2006
N/A

2006 C L D 1161

INVESTMENT CORPORATION OF PAKISTAN and 5 others — Petitioners Versus JUDGE, BANKING COURT NO.1, MULTAN and 9 others — Respondents

Court: Lahore
PTD 2000
Suit No.318 of 1988; Civil Miscellaneous Applications Nos. 1353 of 1999 in Ex.30 of 1997, 1268 of 1999 in Ex.51 of 1996, 1357 of 1999 in Ex.51 of 1996, 1354 of 1999 in Ex 52 of 1996, 169 of 1999 in Ex.53 of 1996, 1363 of 1999 in Ex. 53 of 1996, 1266 of 1999 in Ex. 4 of 1997, 1356 of 1999 in Ex.4 of 1999, 1360 of 1999 in Ex. 5 of 1999, 1267 of 1999 in Ex. 6 of 1999, 1362 of 1999 in Ex. 6 of 1999, 1264 of 1999 in Ex. 10 of 1999, 1363 of 1999 in Ex. 10 of 1999, 1165 of 1999 in Ex. 13 of 1999, 1355 of 1999 in Ex. 13 of 1997, 1569 of 1999 in Ex.62 of 1997, 1270 of 1999 in Ex.64 of 1998, 1359 of 1999 in Ex.64 of 1998; Nazir Ref. dated 15-9-1999 and O.A.'s Refs. dated 27-8-15199, 18-6-1999, decided on 22nd January, 2000.

2000 P T D 1193

Mst. SHANTI Versus KARACHI TRANSPORT CORPORATION and others

Court: Karachi High Court
CLC 2000
Suit No.318 of 1988; Civil Miscellaneous Applications Nos. 1353 of 1999 in Ex.30 of 1997, 1268 of 1999 in Ex.51 of 1996, 1357 of 1999 in Ex.51 of 1996, 1354 of 1999 in Ex.52 of 1996, 1269 of 1999 in Ex.53 of 1996, 1363 of 1999 in Ex. 53 of 1996, 1266 of 1999 in Ex. 4 of 1997, 1356 of 1999 in Ex.4 of 1999, 1360 of 1999 in Ex. 5 of 1999, 1267 of 1999 in Ex. 6 of 1999, 1362 of 1999 in Ex. 6 of 1999, 1264 of 1999 in Ex. 10 of 1999, 1363 of 1999 in Ex. 10 of 1999, 1265 of 1999 in Ex. 13 of 1999, 1355 of 1999 in Ex. 13 of 1997, 1569 of 1999 in Ex.62 of 1997, 1270 of 1999 in Ex.64 of 1998, 135.9 of 1999 in Ex.64 of 1998; Nazir Ref. dated 15‑9‑1999 and O.A.'s Refs., dated 27‑8‑1999, 18‑6‑1999, decided on 22nd January, 2000.

2000 C L C 595

Mst. SHANTI‑‑‑Plaintiff Versus KARACHI TRANSPORT CORPORATION and others‑‑‑Defendants

Court: Karachi
CLD 2015
2015-June-11

2015 C L D 1331

COLLECTOR OF CUSTOMS, KARACHI — Petitioner Versus NAYA DAUR MOTORS (PVT.) LTD. and others — Respondents

Court: Supreme Court of Pakistan
SCMR 2015
Civil Petition No. 121-K of 2014, decided on 11th June, 2015.

2015 S C M R 1376

COLLECTOR OF CUSTOMS, KARACHI — Petitioner Versus NAYA DAUR MOTORS (PVT.) LTD. and others — Respondents

Court: Supreme Court of Pakistan