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Start Free TrialOudh Laws Act, 1876 Part III
Title: Part Iii
State: Central
Year: 1876
.....Section 26 - Revenue agents authorized to appear, etc., in rent suits Notwithstanding anything contained in Act No.XX of 1865 {See now the Legal Practitioners Act, 1879 (18 of 1879).} all persons duly admitted and enrolled as Revenue-agents under that Act in {The words "the territories for the time being under the administration of the Chief Commissioner of" rep.by the A.O.1937.} Oudh may appear, plead and act in suits under the Oudh Rent Act (19 of 1868) {See now the U.P.Tenancy Act, 1939 (U.P.17 of 1939).} in the Courts of officers exercising the powers of Assistant Collectors, Deputy Collectors, Collectors and Commissioners under the same Act. Section 27 - Power to make rules for custody and sale of attached property With the sanction of the State Government, the {Subs.by the A.O.1950 for " Chief Court "} [High Court] may from time to time make rules consistent with this Actand with the Code of Civil Procedure {See now the Code of Civil Procedure, 1908 (5 of 1908).} - (a) for the custody and sale of movable property attached in execution of decrees; (b) for the levy of a fee or commission on the sale of attached property and the disposal of the funds accruing from.....
View Complete Act List Judgments citing this sectionOudh Laws Act, 1876 Chapter II
Title: Pre-emption
State: Central
Year: 1876
.....right on any of the following grounds (namely) :- (a) that no due notice was given as required by section 10; (b) that tender was made under section 11 or section 12 and refused; (c) in the case of a sale, that the price stated in the notice was not fixed in good faith; (d) in the case of a mortgage, that the amount claimed by the mortgagee was not really due on the footing of the mortgage and was not claimed in good faith, and that it exceeds the fair market-value of the property mortgaged, {Ins.by s.6, ibid.} [or the portion of the property mortgaged in respect of which he possesses the right of pre-emption, as the case may be]. If, in the case of a sale, the Court finds that the price was not fixed in good faith, the ours shall fix such price as appears to it to be the fair market-value of the property sold, {Ins.by s.6, ibid.} [or the portion of the property sold in respect of which he possesses the right of pre-emption, as the case may be]. If, in the case of a mortgage the Court finds that the amount claimed by the mortgagee was not really due on the footing of the mortgage, and that it was not claimed in good faith and that it exceeds the fair market-value.....
View Complete Act List Judgments citing this sectionOudh Laws Act, 1876 Section 12
Title: Right of Preemptor on Foreclosure
State: Central
Year: 1876
When the right of pre-emption arises in respect of the foreclosure of a mortgage {Ins.by s.5, ibid.} [or a portion of the mortgage], any person entitled to such right may, at any time within three months after the giving of the notice required by section 10, pay or tender to the mortgagee or his successor in title the amount specified in such notice, and shall thereupon acquire a right to purchase the property, {Ins.by U.P.Act 15 of 1939, s.5.} [or a portion thereof, as the case may belt On completion of the purchase the person exercising the right of re-emption shall be bound to pay to the mortgagee or his successor in title the amount specified in such notice, together with interest on the principal sum secured by the mortgage {Ins.by U.P.Act 15 of 1939, s.5.} [or the proportionate amount of such principal sum in respect of the portion of the property in which he possesses the right of pre-emption, as the case may be], at the rate specified by the instrument of mortgage, for any time which has elapsed since the date of the notice, and any additional costs which may have been properly incurred by the mortgagee or his successor in title.
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