definatin of trade union

A trade union (British English) or labor union (American English) is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members (rank and file[1] members) and negotiates labour contracts (collective bargaining) with employers. This may include the negotiation of wages, work rules, complaint procedures, rules governing hiring, firing and promotion of workers, benefits, workplace safety and policies. The agreements negotiated by the union leaders are binding on the rank and file members and the employer and in some cases on other non-member workers.



Originating in Europe, trade unions became popular in many countries during the Industrial Revolution, when the lack of skill necessary to perform most jobs shifted employment bargaining power almost completely to the employers' side, causing many workers to be mistreated and underpaid. Trade union organizations may be composed of individual workers, professionals, past workers, or the unemployed. The most common, but by no means only, purpose of these organizations is "maintaining or improving the conditions of their employment".[2]


Over the last three hundred years, many trade unions have developed into a number of forms, influenced by differing political objectives. Activities of trade unions vary, but may include:


Provision of benefits to members: Early trade unions, like Friendly Societies, often provided a range of benefits to insure members against unemployment, ill health, old age and funeral expenses. In many developed countries, these functions have been assumed by the state; however, the provision of professional training, legal advice and representation for members is still an important benefit of trade union membership.

Collective bargaining: Where trade unions are able to operate openly and are recognized by employers, they may negotiate with employers over wages and working conditions.

Industrial action: Trade unions may enforce strikes or resistance to lockouts in furtherance of particular goals.

Political activity: Trade unions may promote legislation favorable to the interests of their members or workers as a whole. To this end they may pursue campaigns, undertake lobbying, or financially support individual candidates or parties (such as the Labour Party in Britain) for public office

history of company law

The word "corporation" derives from corpus, the Latin word for body. Entities which carried on business and were the subjects of legal rights were found in ancient Rome, and the Maurya Empire in ancient India.[1] In medieval Europe, churches became incorporated, as did local governments, such as the Pope and the City of London Corporation. The point was that the incorporation would survive longer than the lives of any particular member, existing in perpetuity. The alleged oldest commercial corporation in the world, the Stora Kopparberg mining community in Falun, Sweden, obtained a charter from King Magnus Eriksson in 1347. Many European nations chartered corporations to lead colonial ventures, such as the Dutch East India Company or the Hudson's Bay Company, and these corporations came to play a large part in the history of colonialism and mercantilism.


Acting under a charter sanctioned by the Dutch government, the Vereenigde Oost-Indische Compagnie (VOC), or the Dutch East India Company, defeated Portuguese forces and established itself in the Moluccan Islands in order to profit from the European demand for spices. Investors in the VOC were issued paper certificates as proof of share ownership, and were able to trade their shares on the original Amsterdam stock exchange. Shareholders are also explicitly granted limited liability in the company's royal charter.[2] In the late eighteenth century, Stewart Kyd, the author of the first treatise on corporate law in English, defined a corporation as,

"a collection of many individuals united into one body, under a special denomination, having perpetual succession under an artificial form, and vested, by policy of the law, with the capacity of acting, in several respects, as an individual, particularly of taking and granting property, of contracting obligations, and of suing and being sued, of enjoying privileges and immunities in common, and of exercising a variety of political rights, more or less extensive, according to the design of its institution, or the powers conferred upon it, either at the time of its creation, or at any subsequent period of its existence."[3]

common law trespass

Trespass is one of the ancient FORMS OF ACTION that arose under the COMMON LAW of England as early as the thirteenth century. It was considered a breach of the king's peace for which the wrongdoer might be summoned before the king's court to respond in a civil proceeding for the harm caused. Because the king's courts were primarily interested in land ownership disputes, the more personal action of trespass developed slowly at first.

Around the middle of the fourteenth century, the clerks of the king's courts began routinely giving out writs that permitted a plaintiff to begin a trespass action. Before that time criminal remedies for trespass were more common. The courts were primarily concerned with punishing the trespasser rather than compensating the landowner. From the beginning a defendant convicted of trespass was fined; a defendant who could not pay the fine was imprisoned. The fine in this criminal proceeding developed into an award of damages to the plaintiff. This change marked the beginning of tort action under the common law.

As trespass developed into a means of compelling the defendant to compensate the plaintiff for injury to his property interests, it took two forms: an action for trespass on real property and an action for injury to PERSONAL PROPERTY.

In an action for trespass on land, the plaintiff could recover damages for the defendant's forcible interference with the plaintiff's possession of his land. Even the slightest entry onto the land without the plaintiff's permission gave the plaintiff the right to damages in a nominal sum.

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An action for trespass to chattels was available to seek damages from anyone who had intentionally or forcibly injured personal property. The injury could include carrying off the plaintiff's property or harming it, destroying it, or keeping the plaintiff from holding or using it as she had a right to do.

Later, an additional CAUSE OF ACTION was recognized for injuries that were not forcible or direct. This action was called trespass on the case or action on the case because its purpose was to protect the plaintiff's legal rights, rather than her person or land, from intentional force.

Over the years the courts recognized other forms of actions that permitted recovery for injuries that did not exactly fit the forms of trespass or trespass on the case. Eventually, writs were also issued for these various types of actions. For example, a continuing trespass was a permanent invasion of someone's rights, as when a building overhung a neighbor's land. A trespass for mesne profits was a form of action against a tenant who wrongfully took profits, such as a crop, from the property while he occupied it. A trespass to try title was a form of action to recover possession of real property from someone who was not entitled to it. This action "tried title" so that the court could order possession for the person who turned out to be the rightful owner.

 

These common-law forms of action had serious shortcomings. A plaintiff who could not fit her complaint exactly into one of the forms could not proceed in court, even if she obviously had been wronged. Modern law has remedied this situation by enacting rules of CIVIL PROCEDURE that replace the common-law forms with more flexible ways of wording a civil complaint. The various trespass actions are still important, however, because modern property laws are largely based on them. The rights protected remain in force, and frequently even the old names are still used.

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Read more: Trespass - Common-law Form Of Action - Plaintiff, Property, Land, Defendant, Damages, and Courts http://law.jrank.org/pages/10897/Trespass-Common-Law-Form-Action.html#ixzz0xLG62Dpw

trespass to land

DEFINITION


Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects any object upon the land.

This tort is actionable per se without the need to prove damage.

By contrast, nuisance is an indirect interference with another's use and enjoyment of land, and normally requires proof of damage to be actionable.

THE WAYS IN WHICH TRESPASS MAY OCCUR

1. Entering upon land

Walking onto land without permission, or refusing to leave when permission has been withdrawn, or throwing objects onto land are all example of trespass to land. For example, see Basely v Clarkson (1681) 3 Lev 37, below.

2. Trespass to the airspace

Trespass to airspace above the land can be committed. In Kelsen v Imperial Tobacco Co [1957] 2 QB 334, D committed trespass by allowing an advertising board to project eight inches into P's property at ground level and another above ground level.

Note that s76(1) of the Civil Aviation Act 1982 provides that no action shall lie in nuisance or trespass by reason only of the flight of an aircraft over any property at a height above the ground which is reasonable. However, s76(2) confers a statutory right of action in respect of physical damage caused by aircraft, actionable without proof of negligence.

3. Trespass to the ground beneath the surface

In Bulli Coal Mining Co v Osborne [1899] AC 351, the Ds mined from their land through to the P's land. This was held to be trespass to the subsoil.

POSSESSION OF LAND

This tort developed to protect a person's possession of land, and so only a person who has exclusive possession of land may sue.

Thus, a landlord of leased premises does not have exclusive possession, nor does a lodger or a licensee. However, a tenant or subtenant does (Street v Mountford [1985] 2 All ER 289).

CONTINUING TRESPASS

A continuing trespass is a failure to remove an object (or the defendant in person) unlawfully placed on land. It will lead to a new cause of action each day for as long as it lasts (Holmes v Wilson and others (1839) 10 A&E 503; Konskier v Goodman Ltd [1928] 1 KB 421).

For example, in Holmes v Wilson and others (1839) the Ds built supports for a road on P's land. The Ds paid damages for the trespass, but were held liable again in a further action for failing to remove the buttresses.

MISTAKEN OR NEGLIGENT ENTRY

Trespass to land is an intentional tort. However, intention for the act is required, not an intention to trespass. Consequently, deliberate entry is required and lack of knowledge as to trespass will not be a defence (Conway v George Wimpey & Co [1951] 2 KB 266, 273).

Mistaken entry

In Basely v Clarkson (1681) 3 Lev 37, the D owned land adjoining P's, and in mowing his own land he involuntarily and by mistake mowed down some grass on the land of P. P had judgment for 2s.

Involuntary entry

An involuntary trespass is not actionable: Smith v Stone (1647) Sty 65, where D was carried onto the land of P by force and violence of others; there was trespass by the people who carried D onto the land, and not by D.

Negligent entry

A negligent entry is possible and was considered in League Against Cruel Sports v Scott [1985] 2 All ER 489. The Ps owned 23 unfenced areas of land. Staghounds used to enter the land in pursuit of deer. The Ps sued the joint Masters of the Hounds for damages and sought an injunction against further trespasses. Park J issued an injunction in respect of one area restraining the defendants themselves, their servants or agents, or mounted followers, from causing or permitting hounds to enter or cross the property. Damages for six trespasses were awarded. The judge said:

"Where a master of staghounds takes out a pack of hounds and deliberately sets them in pursuit of a stag or hind knowing that there is a real risk that in the pursuit hounds may enter or cross prohibited land, the master will be liable for trespass if he intended to cause the hounds to enter such land or if by his failure to exercise proper control over them he causes them to enter such land."

DEFENCES

Licence

A licence is a permission to enter land and may be express, implied or contractual. A dictionary definition is as follows:

"In land law, a licence is given by X to Y when X, the occupier of land, gives Y permission to perform an act which, in other circumstances, would be considered a trespass, e.g., where X allows Y to reside in X's house as a lodger. A bare licence is merely gratuitous permission. A licence may be coupled with an interest, as where X sells standing timber to Y on condition that Y is to sever the timber; in this case the sale implies the grant of a licence to Y to enter X's land. For contractual licence see Horrocks v Forray [1976] 1 WLR 230. See Somma v Hazelhurst [1978] 2 All ER 1011; Street v Mountford [1985] AC 809." (LB Curzon, Dictionary of Law, Fourth Edition).

If a licensee exceeds their licence, or remains on the land after it has expired or been revoked, the licensee becomes a trespasser (Wood v Leadbitter (1845) 13 M&W 838; Hillen v ICI (Alkali) Ltd [1936] AC 65). Such a person is allowed a reasonable time in which to leave (Robson v Hallett [1967] 2 QB 939; Minister of Health v Bellotti [1944] KB 298).

There is also the defence of estoppel by acquiescence, that is, consent which is expressed or implied from conduct, eg, inactivity or silence (Jones v Stones [1999] 1 WLR 1739 - mere delay in complaining is not acquiescence).

Rights of entry

A person may exercise a lawful right of entry onto land, for example:

• A private right of way granted to the defendant;

• A public right of way;

• A right given by the common law, such as the right to abate a nuisance; and

• A right of access given by statute, such as ss16-18 PACE 1984, the Access to Neighbouring Land Act 1992 and s8 of the Party Wall Act etc. Act 1996.

REMEDIES

Remedies include:

• Damages (which will be nominal if there is only slight harm to land).

• An injunction to prevent further acts of trespass (at the discretion of the court).

• An action for the recovery of land if a person has been deprived of lawful possession of the land (formerly known as ejectment).

Note 1: an action cannot be brought to recover land after the expiration of twelve years from the date on which the right of action accrued: s15 of the Limitation Act 1980.

Note 2: the procedure for the removal of squatters is now contained in schedule 1 of the Civil Procedure Rules (previously RSC Ord. 113), and a residential occupier cannot be evicted by a landlord without a court order under the Protection from Eviction Act 1977.

Two recent cases are:

Dutton v Manchester Airport plc [1999] 2 All ER 675

Countryside Residential Ltd v Tugwell (2000) The Times April 4

• An action for mesne profits, to recover damages for loss during a period of dispossession (Inverugie Investments Ltd v Hackett [1995] 3 All ER 841, 846 per Lord Lloyd).

• Right of entry, ie the right of resuming possession of land by entering.

Note 1: A lease may give the lessor the right to re-enter on a breach of covenant by the lessee but the right is not enforceable unless and until notice is served on the lessee under s146 of the Law of Property Act 1925.

Note 2: It is unlawful to enforce a right of re-entry, except through court proceedings, while the occupier is lawfully residing in the premises: s2 Protection from Eviction Act 1977.

nijam01728562185@yahoo.comIntroduction


Bangladesh is a developing country in South Asian region with 130 million of people. According to Labour Force Survey 2000 of the Bangladesh Bureau of Statistics (BBS), the total estimated civilian labour forces of the country is 60.3 million and among them 37.81% are female.

The constitution of Bangladesh has recognized fundamental rights of the workers at work places including necessary social protection. Globalization and changing economic condition influencing traditional workplace values, nature of employment, working condition, welfare facilities, industrial relations and contemporary social protection system. The introduction of free market economic policies, unbalanced economic and industrial reforms posed serious challenges to job security and social protection of workers in different sectors.

The approximate ratio of formal and informal sector in Bangladesh is 20:80 and the ratio between public and private sector is 30:70. However 51% of employment is covered by agriculture - forestry and fishery sector, the production and transport sector cover 6.4% of employment, 1% of employed people in clerical occupation, 4.5% in sales and 1.2% in service sector.

Women are increasingly entering into job market mainly in ready-made garments and allied sector, tea gardens, NGOs, health care services, food processing industry, export processing zones, services sectors and commercial enterprises and informal sector i.e. construction, agriculture etc.

The core labour laws of the country are Industrial Relation Ordinance, 1969, Worker's Compensation Act, 1923, Payment and Wages Act, 1936, Maternity Act, 1939, Factory Act 1965, Shops & Establishment Act 1965, Employment of Labour (SO) 1965 etc. Majority of the labour laws are backdated with week enforcement by concerned authorities and most important face of it is that in does not covered all section of workers.

According to recognized international definition, the social safety nets can be broadly defined as those instruments aimed at providing extended social protection, guarantee of social security to the most needing sections of society particularly the working class and the social poor as their human and social rights not only for their human and social objectives in public policies and private participation, but as system of international convents, collective social contract and income redistribution. This means that social safety nets include both social security schemes such as guarantee of decent minimum wage; old age/ retirement benefits; unemployment insurance benefits; retrenchment compensations; medical care sickness and compensation for employment injury and death; maternity protection and issues specific to women as well as social and welfare programs, as determined in law, policy measures, contracts including collective bargaining agreements and international instruments.

In Bangladesh the root of social security system and laws are based upon rules and regulation introduced by the British Colonial regime. There is no specific national policy at present on safety-net issue and very little discussion took place in society on this regard.

Decent wage is one of an important factor to achieve the objective of decent work. Right to receive fair minimum wage is one of a human right for all workingmen and women at workplaces and a key issue for the trade unions. It is also important to note that the UN Millennium Development Goal or poverty reduction strategy of Bangladesh would not success without having any minimum wage standard for the workers.

But the reality is, there is no national minimum wage in Bangladesh yet. The enforcement machinery has little capacity to enforce and ensure the appropriate payment of minimum wages to various industries in private sectors. Also, there is no wage standard in informal sector.

The wage structure determined by the Minimum Wages Board or Wage Commission or the Pay Commission is not based on minimum daily life requirement of a worker. For that reason, there is a huge gap between income and expenditure level of a worker and employees forced to live below the poverty line.

One of an important safety-net issue for all working women in maternity benefit right. But, in Bangladesh the majority of the women workers are deprived from this right for various reasons such as the weakness of relevant rules/acts and lack of enforcement, negative attitude of the employers to violate the rules/acts, lack of awareness among women workers about this special right, week role of trade unions to deal the issue, lack of seriousness from the part of the government on implementation and monitoring of relevant laws at workplace level.

The condition of maternity benefits rights of women workers is very much low in leading women worker intensive sectors such as the garments, private shops/establishments and services sectors.

Maternity Welfare Facilities



Before enactment of the Bangladesh Labor Act, 2006, the Maternity Benefit Act, 1934, the Mines Maternity Benefit Act, 1941 and the Maternity Benefit (Tea Estate) Act, 1950 dealt with the employment of women in certain establishment for a certain period before and after childbirth and provides for maternity and other benefits. The Act applies to mines, factories, circus, industry, plantation, shops and establishments employing five or more persons. Employers are also mandated to provide maternity benefits to the employee who has completed at least six months of service with the employer by the date of confinement. Every pregnant labor has been provided progenitor welfare facilities before and after eight weeks from the date of confinement. The benefit consists of a payment depending on current wages for eight weeks before and eight weeks after the birth of the child. Employers are also prohibited to force any progenitor engaging in any work after the date of confinement. Employers are also prohibited to discharge, dismiss, and terminate any progenitor labor before six months by the date of confinement and after eight weeks by the date of confinement. If the woman dies on the day of confinement and within 8 weeks on the day of confinement, maternity benefits are to be paid to the person who takes care of the child. If both the woman and the child die, the benefit is to be paid to the person she nominated, or if no such nomination has been made, to her legal successors.



What is Maternity Benefit?



Every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit, which is the amount payable to her at the rate of the average daily wage for the period of her actual absence.



Prohibition of Employment of Women Workers



The employment of women in certain cases has been restricted by section 87 of the Bangladesh Labor Act. Section 45 of the Bangladesh Labor Act, 2006 prohibits workings any establishment and employer shall not knowingly employ a woman during the eight weeks immediately following the day of her delivery in any establishment.



The employer may not employ a woman during the eight weeks immediately following the day of her delivery.



No woman shall work during the eight weeks immediately following day of her delivery.



No employer shall employ a woman for any difficult work, or for which the woman workers has to work by keeping herself standing for a long time, or for any work which is harmful to her if—



He has reason to believe or if she has informed him that she is likely to deliver a child within ten weeks.



She has to the knowledge of the employer delivered a child within the preceding ten weeks.



Provided that in the case of a tea plantation worker she may under take light work in the plantation for so long as the medical practitioner of tea plantation certifies that she is physically fit to do so and for the days that she does such work, she shall be paid at the prevailing rate of pay for such work, and such pay shall be paid to her in addition to the maternity benefit.



The Bangladesh Labor Act also Prohibits for employment of woman in certain cases by the section 39, 40, and 42. Section 39 of the Act prohibits the employment of woman in following—



No woman shall be allowed in any factory to clean any part of machinery while that part is in motion.



No woman shall be allowed in any factory to lubricant any part of machinery while that part is in motion.



No woman shall be allowed in any factory to adjust any part of machinery while that part is in motion and



No woman shall be allowed in any factory to work between moving parts or between fixed and moving parts of any machinery which is in motion of machines which are in motion.



Section 40 of the Bangladesh Labor Act does not allow for employment of woman on dangerous machine. Power presses other than hydraulic presses, milling machines used in the metal trades, guillotine machine; circular saws and plate printing machines are treated as dangerous machines.



Section 42 of the present Labor Act also prohibits for employment to work of woman in underground or under water. No adolescence male and adolescence female shall be employed in any establishment to lift, carry or move by hand or on head, unaided by another person, any material article, tool or appliance exceeding 50 lbs and 40 lbs respectively in weight.

RIGHT TO AND LIABILITY FOR PAYMENT OF MATERNITY BENEFIT

To get the maternity benefit is a right of the women workers in any establishment under the Bangladesh Labor Act, 2006 and payments of maternity benefit under this Act are made by the employers. Legislation concerning the payment of maternity benefits, before and after confinement, was in operation in any establishment in Bangladesh. Section 46 if the Bangladesh Labor Act states that-



Every woman employed in any establishment shall be entitled to, and her employer shall be liable for, the payment of maternity benefit in respect of the period of eight weeks preceding the tentative date of her delivery and eight weeks immediately following the say of her delivery.



Provided that a woman shall not be entitled to such maternity benefit unless se has worked with the employer for not less than six months immediately preceding the tentative date of her delivery.



No women worker shall be entitled to such benefit if she has, at the time of delivery, two or more children alive; however, will be entitled to any leave which she is otherwise entitled.

PROCEDURE REGARDING PAYMENT OF MATERNITY BENEFIT

According to section 47 of the Bangladesh Labor Act, states that—



(1) Any pregnant woman who is entitled to maternity benefit under this Act may on any day give notice either orally in person or in writing to the employer that she expects to deliver a child with eight weeks of the notice and such notice shall include the name of the nominee of the benefits in case she dies during delivery.



(2) If no such notice is given by the woman and she has delivered a child, she shall, within seven days of the delivery, give notice to the employer that she has given birth to a child.



(3) When such notice under sub-section (1) or (2) is received by the employer, he shall permit the woman to be absent herself from work for eight weeks

a). from the day following the date of notice under subsection (1);

b). from the day of delivery in the case of notice under subsection (2)



(4) An employer shall pay maternity benefit to a woman entitled thereto in such one of the following ways as the woman desires, namely-



Or eight weeks within three working days of the production of a certificate signed by a medical practitioner stating that the woman is expected to be confined within eight weeks of the date of certificate and for the remainder of the period for which she is entitled to maternity benefit within three working days of the production of the Proof that she has given birth to a child.



For the said period up to and including the day of delivery within three working days of the production of proof that she has given birth to a child and for the remainder of the said period, within eight weeks of the production of such proof, or



For the hole of said period, within three working days of the production of proof that she has given birth to a child;

Provided that a woman shall not be entitled to any maternity benefit or any part thereof, the payment of which is dependent upon the production if proof under this sub-section that she has given birth to a child, unless such Proof is produced within three months of the day of delivery.



(5) The proof is required to be produced under sub-section (4) shall be either a certified extract from a birth register under the Birth and Deaths Registration Act 2004 (Act no. 29 of 2004) or certified from a registered practitioner or any other proof acceptable to the employer.



AMOUNT OF MATERNITY BENEFIT

Section 48 of the Bangladesh Labor Act states that-



(1) The maternity benefit which is payable under this Act shall be payable at the rate of daily, weekly or monthly average wages as the case may be, shall be calculated in the manner laid down in sub-section (2); and shall be made wholly in cash.



(2) For the purpose of sub-section (1) the daily, weekly or monthly average wages, as the case may be, calculated by dividing the total wages earned by the women during the three months immediately proceeding the date on which she gives notice under this Act by the number of days she actually worked during the period.



PAYMENT OF MATERNITY BENEFIT IN CASE OF THE DEATH OF A WOMAN



According to section 49 of the Bangladesh Labor Act,



(1) If a woman entitled to maternity benefit under this Act dies on the day of her delivery or during the period of eight weeks thereafter in respect of which she is entitled to the maternity benefit, the liability of the employer under this Act shall not, by reason of her death, be discharged, and he shall pay the amount maternity benefit due, if the newly born child survives her, to the person who undertakes the care of the child and, if the child does not survive her, the person nominated by her under this Act, if there is no nominated person, to her legal representative.



(2) If a woman dies during the period in respect of which she is entitled to maternity benefit, but before giving birth t a child, the employer shall be liable to pay maternity benefit of the period which she was entitled up to the date of her death but if the benefit already given is more than the amount she is entitled to, yet such additional amount cannot be taken back and any amount due at the death of the woman shall be paid to the person nominated by her under this Act, or if she has made no such nomination t her legal representative.



PROHIBITION OF DISMISSAL OF WOMAN IN CERTAIN CASES

Section 50 of the Bangladesh Labor Act, states that— if the employer gives notice or order of dismissal, discharge, or removal to a woman without sufficient cause within a period of six months before her delivery and eight weeks after delivery, she will not be deprived of the maternity benefit to which but for such notice she may have become entitled under this Act.



Based on this Law we have chosen or observed a particular organization named PRAN-RFL group, Dhaka Bangladesh.

ASSIGNMENT ON MORTGAGE.

Definition of Mortgage


(a) A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being are called the mortgage- money, and the instrument (if any) by which the transfer is effected is called a mortgage- deed.

Essential elements of a mortgage

The following are the essential characteristics of a mortgage.

1. there must be a transfer of an interest.

2. there must be specific immovable property intended to be mortgaged.

3. there must be made to secure the payment of a loan or to secure the performance of a contract.

Condition

Provided nevertheless, except as otherwise specifically stated in the mortgage, that if the mortgagor, his heirs, executors or administrators pay to the mortgagee, his heirs, executors, administrators or assigns the principal and interest secured by the mortgage, and shall perform any obligation secured at the time provided in the note, mortgage or other instrument or any extension thereof, and shall perform the condition of any prior mortgage, and until such payment and performance shall pay when due and payable all taxes, charges and assessments to whomsoever and whenever laid or assessed, whether on the mortgaged premises or on any interest therein or on the debt or obligation secured thereby; and shall keep the buildings on said premises insured against fire in a sum not less than the amount secured by the mortgage or as otherwise provided therein for insurance for the benefit of the mortgagee and his executors, administrators and assigns, in such form and at such insurance offices as they shall approve, and, at least 2 days before the expiration of any policy on said premises, shall deliver to him or them a new and sufficient policy to take the place of the one so expiring, and shall not commit nor suffer any strip or waste of the granted premises, nor commit any breach of any covenant contained in the mortgage or in any prior mortgage, then the mortgage deed, as also the mortgage note or notes shall be void, otherwise shall remain in full force. [1967, c. 377, (NEW).]



Kinds of mortgage

There are in all six kinds of mortgages in immovable property, namely

1. Simple mortgage

2. Mortgage by conditional sale

3. Usufructuary mortgage

4. English mortgage

5. Mortgage by deposit of title- deeds.

6. Anomalous mortgage

Definition of simple mortgage

Simple mortgage.- (b) Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage- money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage- money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.

Home remedies of simple mortgage

1. If you are choking on an ice cube, don’t panic. Simply pour a cup of boiling water down your throat and presto, the blockage will be almost instantly removed.

2. Clumsy? Avoid cutting yourself while slicing vegetables by getting someone else to hold them while you chop away.

3. You can avoid arguments with the Mrs. about lifting the toilet seat just by using the sink.

4. For high blood pressure sufferers: simply cut yourself and bleed for a few minutes, thus reducing the pressure in your veins. Remember to use an egg timer.

5. A mouse trap placed on top of your alarm clock will prevent you from rolling over and going back to sleep after you hit the snooze button.

6. If you have a bad cough, take a large dose of laxatives. Then you will be afraid to cough.

7. Have a bad toothache? Smash your thumb with a hammer and you will forget all about the toothache.

8. Sometimes, we just need to remember what the rules of life really are:

In life, you only need two tools – WD-40 and Duct Tape. If it doesn’t move but should, use the WD-40. If it should not move and does, use the duct tape.

9. Remember: Everyone seems normal until you get to know them.

10. Never pass up an opportunity to go to the bathroom



Definition of mortgage by conditional sale

Mortgage by conditional sale.- (c) Where the mortgagor ostensibly sells the mortgaged property-- on condition that on default of payment of the mortgage- money on a certain date the sale shall become absolute, or on condition that on such payment being made the sale shall become void, or on condition that on such payment being made the buyer shall transfer the property to the seller, the transaction is called a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale: 1[ Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale.]

Definition of Usufructuary mortgage

Usufructuary mortgage.- (d) Where the mortgagor delivers possession 1[ or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and authorizes him to retain such possession until payment of the mortgage- money, and to receive the rents and profits accruing from the property 2[ or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage- money, or partly in lieu of interest 3[ or] partly in payment of the mortgage- money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.

Definition of English mortgage

English mortgage.- (e) Where the mortgagor binds himself to re- pay the mortgage- money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will retransfer it to the mortgagor upon payment of the mortgage- money as agreed, the transaction is called an English mortgage.

Definition of Mortgage by deposit of title

Mortgage by deposit of title- deeds.- 4[ (f) Where a person in any of the following towns, namely, the towns of Calcu1[ town which the 2[ State Government concerned] may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immoveable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title- deeds.





Definition of Anomalous mortgage

Anomalous mortgage.- (g) A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title- deeds within the meaning of this section is called an anomalous mortgage.] tta, Madras, 5[ and Bombay], 6[ and in any other



DISTINCTION BETWEEN

ENGLISH MORTGAGE SIMPMLE MORTGAGE

1.What is transferred absolutely to the mortgage.



2.Right to possession-

The mortgage being the owner of the property has a right to enter into immediate possession of it.



3.Sale out of court-

An English mortgagee has in certain cases a right of sale without the intervention of court. Only the of sale is transferred.





The mortgage has no right to enter into immediate possession of the property.





A right of sale without the intervention of the court is not conferred on simple mortgagee.

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