Bare Act Search Results

Fatal Accidents Act, 1855 Complete Act

State: Central

Year: 1855

.....excluded by the context or by the nature of the subject-matter; that is to say,6[* * *] the word "person" shall apply to bodies politic and corporate; and the word "parent" shall include father and mother, grand-father and grand- mother; and the word "child" shall include son and daughter, and grand-son and grand-daughter, and step-son and step-daughter. Footnotes: 2. Inserted by the Part B Stales (Laws) Act, 1951. 3. Section I renumbered as section 1A Act, 1951 . 4. The words 'And it is enacted further that" omitted by the Repealing and Amending Act, 1914. 5. The words "and that every such action shall be brought within twelve calendar months after the death of such deceased person" omitted by the Indian Limitation Act, 1871. For limitation, see now the Indian Limitation Act, 1908 (9 of 1908). 6. Certain words omitted by the Repealing and Amending Act, 1914. Central Bare Acts

Fatal Accidents Act, 1855 Section 2

Title: Not More Than One Suit to Be Brought

State: Central

Year: 1855

Provided always that not more than one action or suit shall be brought for, and in respect of the same subject-matter of complaint1[* * * * *] Claim for loss to the estate may be added. -- Provided that in any such action or suit the executor, administrator or representative of the deceased may insert a claim for. and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall be deemed part of the assets of the estate of the deceased. ________________________ 1. The words "and that every such action shall be brought within twelve calendar months after the death of such deceased person", repealed by Act 9 of 1871. For limitation, now the Limitation Act, 1963 (36 of 1963).

The (Bengal) Embankment Act, 1855 Complete Act

State: Orissa

Year: 1855

.....the Collector shall thereupon proceed to value and make compensation for such huts, trees and crops, in the manner prescribed in Section 12 of this Act. Section 8 - Section 8 Clause 1. Application by land-holder to have a sluice made in public embankment - If any land-holder, farmer or cultivator be desirous of having a sluice made in any public embankment for the purpose of drainage or irrigation, he shall make an application in writing to the Collector of the district in which such embankment is situate. The application shall contain such particulars of the land to be drained or irrigated as may enable the officers of the Crown to judge of the advantage which may be derived from the work, and shall declare as regards an embankment maintained at the expense of the State, whether the applicant is willing to bear such part, not exceeding half of the cost thereof, as may be determined by the Provincial Government; and, as regards any other public embankment whether the applicant is willing to defray the whole or such part of the cost incidental to and attendant on, the proposed work, as may be determined as aforesaid. Clause 2. Officer in immediate charge to report on.....

Fatal Accidents Act, 1855 Section 3

Title: Plaintiff Shall Deliver Particulars, Etc.

State: Central

Year: 1855

The plaint in any such action or suit shall give a full particular of the-person or persons for whom, or on whose behalf, such action or suit shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered.

Fatal Accidents Act, 1855 Section 1A

Title: Suit for Compensation to the Family of a Person for Loss Occasioned to It by His Death by Actionable Wrong

State: Central

Year: 1855

.....administrator or representative of the person deceased; and in every such action, the court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought, and the amount so recovered, after deducting all costs and expenses, including the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties, or any of them, in such shares as the court by its judgment or decree shall direct. _______________________ 1. Original section 1 renumbered as section 1A by Act 3 of 1951, section 3 and Schedule 2. The words "And it is enacted further, that" repealed by Act 10 of 1914, Schedule II.

LEGAL REPRESENTATIVES' SUITS ACT, 1855 Complete Act

State: Central

Year: 1855

.....of certain wrongs which, according to the present law, do not survive to or against such executors, administrators or representatives. It is enacted as follows :- SECTION 01: EXECUTORS MAY SUE AND BE SUED IN CERTAIN CASES FOR WRONGS COMMITTED IN LIFETIME OF DECEASED An action may be maintained by the executors, administrators or representatives of any person deceased, for any wrong committed in the lifetime of such person, which has occasioned pecuniary loss to his estate, for which wrong an action might have been maintained by such person, so as such wrong shall have been committed within one year before his death4[* * *]; and the damages when recovered, shall be part of the personal estate of such person: and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death 5[* * *]; and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the English.....

Legal Representatives Suits Act, 1855 Section 1

Title: Executors May Sue and Be Sued in Certain Cases for Wrongs Committed in Lifetime of Deceased

State: Central

Year: 1855

.....and the damages.when recovered, shall be part of the personal estate of such person; and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death {The words " and so as such action shall he commenced within two years after the committing of the wrong " rep by Act 9 of 1871, s.2.For limitation see now Act 9 of 1908.} ; and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the English law, be payable in like order of administration as the simple contract debts of such person.

Legal Representatives Suits Act, 1855 Section 2

Title: Death of Either Party Not Be Abate Suit. Proviso

State: Central

Year: 1855

No action commenced under the provisions of this Act shall abate by reason of the death of either party, but the same may be continued by or against the executors, administrators or representatives of the party deceased: Provided that, in any case in which any such action shall be continued against the executors, administrators or representatives of a deceased party, such executors, administrators or representatives may set up a want of assets as a defence to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them.

Legal Representatives Suits Act, 1855 Preamble 1

Title: Legal Representatives Suits Act, 1855

State: Central

Year: 1855

.....person " rep.by Act 9 of 1871, Sch.I.For limitation see now the Indian Limitation Act, 1908 (9 of 1908} Short title given by the Indian Short Titles Act, 1897 (14 of 1897). This Act has been declared to be in force in the whole of India, except Part B States and the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s.3. It has also been declared in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s.3 and Sch.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s.3 and Sch.; and in the Santhl Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), s.3. It has been declared, by notification under s.3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:- West Jalpaiguri............... See Gazette of India, 1881, Pt.I, p.74. The Districts of Hazaibagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899, Pt.I, p.44), and Mnbhum, and Pargana Dhalbhum.and .....

Fatal Accidents Act, 1855 Preamble 1

Title: Fatal Accidents, 1855

State: Central

Year: 1855

THE FATAL ACCIDENTS, 1855 [Act, No. 13 of 1855]1 [27th March, 1855] PRAEMBLE An Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong. Whereas no action or suit is now maintainable in any court against a person who, by his wrongful act, neglect, or default, may have caused the death of another person, and it is often-times right and expedient that the wrong-doer in such case should be answerable in damages for the injury so caused by him; It is enacted as follows:-- ________________________ 1. This Act has been extended to Pondicherry by Act 26 of 1968.