Bare Act Search Results

Presidency Small Cause Courts Act, 1882 Section 63

Title: Power to Transfer to High Court Cases Involving More Than One Thousand Rupees

State: Central

Year: 1882

.....thinks fit, Every application under this section shall be made within seven days from the date of the seizure of the subject-matter in dispute. In granting applications under this section, the High Court may impose such terms as to payment of, or giving security for, costs or otherwise as it thinks fit. The procedure in cases transferred under this section shall conform, as far as may be, to the procedure in suits before the High Court in the exercise of its ordinary original civil jurisdiction; and orders made under this section may be executed as if they were made in the exercise of such jurisdiction, and every such order awarding or refusing compensation shall bar any suit for the recovery of compensation for any damage caused by the distress which gave rise to the case wherein such order was made.

Transfer of Property Act, 1882 Section 31

Title: Condition That Transfer Shall Cease to Have Effect in Case Specified Uncertain Event Happens or Does Not Happen

State: Central

Year: 1882

Subject to the provisions of section 12, on a transfer of property an interest therein may be created with the condition superadded that it shall cease to exist in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (a) A transfers a farm to B for his life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. He loses his life-interest in the farm. (b) A transfers a farm to B, provided that, if B shall not go to England within three years after the date of the transfer, his interest in the farm shall cease. B does not go to England within the term prescribed. His interest in the farm ceases.

Presidency Small Cause Courts Act, 1882 Section 22

Title: Costs when Plaintiff Sues in High Court in Other Cases Cognizable by Small Cause Court

State: Central

Year: 1882

If any suit cognizable by the Small Cause Court, other than a suit to which section 21 applies, is instituted in the High Court, and if in such suit the plaintiff obtains, in the case of a suit founded on contract, a decree for any matter of an amount or value less than {Substituted by section 11, ibid., for "two thousand"} [one thousand] rupees, and in the case of any other suit a decree for any matter of an amount or value of less than three hundred rupees, no cost shall be allowed to the plaintiff; and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs {In the application of the Act to Madras, these words have been substituted by certain other words: see Mad.Act 1 of 1945, section 3} [as between attorney and client]. The foregoing rules shall not apply to any suit in which the Judge who tries the same certifies that it was one fit to be brought in the High Court.

Transfer of Property Act, 1882 Section 101

Title: No Merger in Case of Subsequent Encumbrance

State: Central

Year: 1882

1 [101. No merger in case of subsequent encumbrance Any mortgagee of, or person havinga charge upon, moveable property, or any transferee from such mortgagee orcharge-holder, may purchase or otherwise acquire the rights in the property ofthe mortgagor or owner, as the case may be, without thereby causing the mortgageor charge to be merged as between himself and any subsequent mortgagee of, orperson having a subsequent charge upon, the same property; and no suchsubsequent mortgagee or charge-holder shall be entitled to foreclose or sellsuch property without redeeming the prior mortgage or charge, or otherwise thansubject thereto.] ________________________ 1. Substituted byAct 20 of 1929, Section 51, for the original section.

Transfer of Property Act, 1882 Section 114A

Title: Relief Against Forfeiture in Certain Other Cases

State: Central

Year: 1882

1 [114A. Relief against forfeiture in certain other cases Where a lease of immoveable property has determined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor may re-enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing- (a) specifying the particular breach complained of; and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach, and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this section shall apply to an express condition against the assigning, under-letting, parting with the possession, or disposing, of the property leased, or to an express condition relating to forfeiture in case of non-payment of rent.] _____________________ 1. Inserted by Act 20 of 1929, Section 58.

Indian Easements Act, 1882 Section 31

Title: Obstruction in Case of Excessive User

State: Central

Year: 1882

In the case of excessive user of an casement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servient heritage: Provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement. Illustration A, having a right to the free passage over B's land of light to four windows, 6 "X 4", increases their size and number. It is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows. B cannot obstruct the excessive user.

Presidency Small Cause Courts Act, 1882 Section 24

Title: No Written Statement Except in Cases of Set off

State: Central

Year: 1882

Except in cases of set-off under the Code of Civil Procedure (14 of 1882), section 111{See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Schedule, Order VIII, rule 6}, no written statement shall be received unless required by the Court.

Presidency Small Cause Courts Act, 1882 Complete Act

State: Central

Year: 1882

.....officer appointed under this Act shall, during his continuance as such Judge or officer, either by himself or as a partner of any other person, practice or act, either directly or indirectly, as an advocate, attorney, vakil or other legal practitioner or be concerned, either on his own account of for any other person, or as the partner of any other person, in any trade or profession. Any such Judge or officer so practicing, acting or concerned shall be deemed o have committed an offence under section 168 of the Indian Penal Code (XLV of 1860) Nothing herein contained shall be deemed to prohibit any such Judge or officer from being a member of any company incorporated or registered under Royal Charter, Letters Patent, 1[Act of Parliament of the United Kingdom or Central Act or Provincial Act or 2[State Act]. CHAPTER 03: LAW ADMINISTERED BY THE COURT SECTION 16: QUESTION ARISING IN SUITS, ETC. UNDER ACT TO BE DECIDED ACCORDING TO LAW ADMINISTERED BY HIGH COURT All questions, other than questions relating to procedure or practice, which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and determined according to the law for the.....

The Transfer of Property Act, 1882 Complete Act

State: Central

Year: 1882

.....for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;] 17 ["a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation 1. "Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:] Provided that " (1) the instrument has been registered and its registration.....

Transfer of Property Act, 1882 Chapter IV

Title: Of Mortgages of Immovable Property and Charges

State: Central

Year: 1882

.....times, at his request and at his own cost, and on payment of the mortgagee's costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.] Section 61 - Right to redeem separately or simultaneously 1 [61. Right to redeem separately or simultaneously A mortgagor who has executed two ormore mortgages in favour of the same mortgagee shall, in the absence of acontract to the contrary, when the principal money of any two or more of themortgages has become due, be entitled to redeem any one such mortgageseparately, or any two or more of such mortgages together.] ________________________ 1. Substituted byAct 20 of 1929, section 24 for the original section. Section 62 - Right of usufructuary mortgagor to recover possession In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 1 [together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], - (a) where the mortgagee is authorized to pay himself the.....