decree was an executory decree or the decree-holder had to file a suit for the recovery of her money. The terms of the decree ... property charged without bringing a fresh suit to enforce the charge.
33. First point :--Whether the charge created by the decree in question is covered
that it does not include
such a charge. In my opinion, a charge created by
a decree would be one by operation of law only ... charge which
exists in law apart from the decree
itself. If a decree embodies a charge which
has no existence in law independently
charge. The mortgage or charge mentioned in this Rule must obviously be a mortgage or charge existing prior to the date of the decree ... execution of the decree It is immaterial whether the decree is a consent decree or not.
2. A charge created under the decree
that it does not include such a charge. In my opinion, a charge created by a decree would be one by operation of law only ... charge which exists in law apart from the decree itself. If a decree embodies a charge which has no existence in law independently
view
of the Decree passed by the Board of Nominees,
applicant was not required to register such
Decree as charge under Section ... submit that on construction of the Decree it
can be seen that the Decree has extinguished the
unregistered charge, therefore, the provisions of
Section
effect
of a decree directing sale for the recovery of money, and a
decree which merely creates a charge on the property. The
question whether ... enforcement of the charge, as the decree
itself permits the first respondent to realise the decree
amount by charging the property.
18. There
Official Receiver and the
purchaser in execution of the maintenance and charge decree
but not the appellants. In execution of the decree passed
in this ... extinguished by the
sale held in execution of the charge decree by the operation
of s. 52 of the Transfer of Property
registered will
operate as a charge, because in this case the competition is
between a charge created by a decree which was registered ... that every mortgage is a
charge, but every charge is not a mortgage. The Legislature
while defining charge in s. 100 indicated specifically that
specific charge on specific immoveable properties mentioned in it, a charge could take effect only from the date of the decree, and not from ... made no claim for a charge on the property, but such a charge was in fact created by the decree, the charge was held
date of the decree although the decree itself must be enforced within three years. This interpretation of the words 'decree charge ... decree and was inseparable from it and was subject to the conditions which govern the enforcement of the decree. The "decree charge
