Bare Act Search Results

Bills of Exchange Act, 1882 Complete Act

State: Central

Year: 1882

.....operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature the agent in so signing was acting within the actual limit of his authority. SECTION 26: PERSON SIGNING AS AGENT OR IN REPRESENTATIVE CAPACITY (1) Where a person signs a bill as drawer, endorser or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. (2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted. SECTION 27: VALUE DEFINED (1) Valuable consideration for a bill may be constituted by- (a) any consideration sufficient to support a simple contract ; (b) an antecedent debt or liability. Such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. (2) Where value.....

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Preamble

Title: the Bombay Landing and Wharfage Fees Act, 1882

State: Maharashtra

Year: 1882

.....until superseded by anything done or any action taken under this Act. _________________ 1. This Act was extended to any ports in the rest of the State of Bombay to which Government may, from time to time, by notification in the Official Gazette, extend that Act (vide Bom. 55 of 1959, section 2). 2. For Statement of Objects and Reasons, see Bombay Government Gazette, 1881, Pt. V, p. 41; and for proceedings in Council, see ibid., p. 47. 3. The word Public was deleted by Bom. 55 of 1959, section 4(a). 4. These words were substituted for the words Bombay Presidency , ibid., section 4(a). * See section 117 of the Maharashtra Maritime Board Act, 1996 (Mah. Act No. 15 of 1997).

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 3

Title: Repeal and Savings

State: Maharashtra

Year: 1882

.....notifications, issued, limits defined or fixed, remissions or exemptions granted, rules, by-laws, regulations, delegation and appointment made, powers conferred and duties imposed, in so far as they are not inconsistent with the provisions of this Act, and the scales of tolls, dues, fees, rents, rates and charges framed) under the laws so repealed shall continue in force until altered, amended or superseded by anything done or any action taken under this Act.] _________________ 1. This marginal note was substituted for the original by Bom. 55 of 1959, section 4(c). 2. Section 3 was re-numbered as sub-section (1) of that section and sub-section (2) was inserted, ibid., section 4(c).

Transfer of Property Act, 1882 Section 55

Title: Rights and Liabilities of Buyer and Seller

State: Central

Year: 1882

.....on such amount or part1[from the date on which possession has been delivered]. (5) The buyer is bound- (a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; (b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances.....

Indian Trusts Act, 1882 Chapter VI

Title: Of the Rights and Liabilities of the Beneficiary

State: Central

Year: 1882

.....and negotiable instruments in the hands of a bona fide holder to whom they have passed in circulation, or shall be deemed to affect the Indian Contract Act, 1872 (9 of 1872) section 108, or the liability of a person to whom a debt or charge is transferred. Section 65 - Acquisition by trustee of trust-property wrongfully converted Where a trustee wrongfully sells or otherwise transfers trust-property and afterwards himself becomes the owner of the property, the property again becomes subject lo the trust, notwithstanding any want of notice on the part of intervening transferees in good faith for consideration. Section 66 - Right in case of blended property Where the trustee wrongfully mingles the trust-property with his own, the beneficiary is entitled to a charge on the whole fund for the amount due to him. Section 67 - Wrongful employment by partner-trustee of trust-property for partnership purposes If a partner, being a trustee, wrongfully employs trust-property in the business or on the account of the partnership, no other partner is liable therefor in his personal capacity to the beneficiaries, unless he had notice of the breach of trust. The partners having.....

Indian Easements Act, 1882 Section 7

Title: Easement Restrictive of Certain Rights

State: Central

Year: 1882

.....The right of every owner of upper land that water naturally rising in or falling on such land, and not passing in defined channels, shall be allowed by the owner of adjacent lower land to run naturally thereto. (j) The right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for drinking, household purposes and watering his cattle and sheep and the right of every such owner to use and consume the water for irrigating such land, and for the purposes of any manufactory situate thereon, provided that he does not thereby cause material injury to other like owner. Explanation.--A natural stream is a stream, whether permanent or intermittent, tide or tideless, on the surface of land or underground, which flows by the operation of nature only and in a natural and known course.

Indian Easements Act, 1882 Section 17

Title: Rights Which Cannot Be Acquired by Prescription

State: Central

Year: 1882

Easements acquired under section 15 are said to he acquired by prescription, and are called prescriptive rights. None of the following rights can be so acquired-- (a) a right which would tend to the total destruction of the subject of the right, or the property on which, if the acquisition were made, liability would be imposed; (b) a right to the free passage of light or air to an open space of ground; (c) a right to surface-water not flowing in a stream and not permanently collected in a pool, tank or otherwise; (d) a right to underground water not passing in a defined channel.

Indian Easements Act, 1882 Section 23

Title: Right to Alter Mode of Enjoyment

State: Central

Year: 1882

Subject to the provisions of section 22, the dominant owner may, from time to time, alter the mode and place of enjoying the easement, provided that he does not thereby impose any additional burden on the servient heritage. Exception.--The dominant owner of a right of way cannot vary his line of passage at pleasure, even though he does not thereby impose any additional burden on the servient heritage. Illustrations (a) A, the owner of a sawmill, has a right to a flow of water sufficient to work the mill. He may convert the sawmill into a corn-mill: provided that it can he worked by the same amount of water. (b) A has a right to discharge on B's land the rain-water from the eaves of A's house. This clues not entitle A to advance his eaves if, by so doing, he imposes a greater burden on B's land. (c) A as the owner of a paper-mill, acquires a right to pollute a stream by procuring in the refuse-liquor produced by making in the mill paper from rags. He may pollute the stream by pouring in similar liquor produced by making in the mill paper by a new process from bamboos, provided that he does not substantially increase the amount, or injuriously change the nature, of the.....

Indian Easements Act, 1882 Section 24

Title: Right to Do Acts to Secure Enjoyment

State: Central

Year: 1882

.....detriment to the dominant owner, to cause the servient owner as little inconvenience as possible; and the dominant owner must repair, as far as practicable, the damage (if any) caused by the act to the servient heritage. Accessory rights.--Rights to do acts necessary to secure the full enjoyment of an easement are called accessory rights. Illustrations (a) A has an easement to lay pipes in B's land to convey water to A's cistern. A may enter and dig the land in order to mend the pipes, but he must restore the surface to its original state. (b) A has an easement of a drain through B's land. The sewer with which the drain communicates is altered. A may enter upon B's land and after the drain, to adapt it to the new sewer, provided that he does not thereby impose any additional burden on B's land. (c) A as owner of a certain house, has a right of way over B's land. The way is out of repair, or a tree is blown it own and falls across it. A may enter on B's land and repair the way or remove the tree from it. (d) A as owner of a certain field, has a right of way over B's land. B renders the way impassable A may deviate from the way and pass over the adjoining land to B.....

Indian Trusts Act, 1882 Chapter IV

Title: Of the Rights and Powers of Trustees

State: Central

Year: 1882

.....the lease, nor without reserving the best yearly rent than can be reasonably obtained. _______________________ 1. Second paragraph repealed by Act 12 of 1891, section 2 and Schedule. I, Pt. I. Section 36 - General authority of trustee In addition to the powers expressly conferred by this Act and by the instrument of trust, and subject to the restriction, if any, contained in such instrument, and to the provisions of section 17, a trustee may do all acts which are reasonable and proper for the realization, protection or benefit of the trust-property, and for the protection or support of a beneficiary who is not competent to contract. 1 [***] Expect with the permission of a principal civil court of original jurisdiction, no trustee shall lease trust-property for a term exceeding twenty-one years from the date of executing the lease, nor without reserving the best yearly rent than can be reasonably obtained. _______________________ 1. Second paragraph repealed by Act 12 of 1891, section 2 and Schedule. I, Pt. I. Section 37 - Power to sell in lots and either by public auction or private contract Where the trustee is empowered to sell any trust-property, he may.....