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Transfer of Property Act, 1882 Section 17

Title: Direction for Accumulation

State: Central

Year: 1882

(1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than (a) the life of the transferor, or (b) a period of eighteen years from the date of the transfer, such direction shall, save as hereinafter provided, by void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last-mentioned period the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. (2) This section shall not affect any direction for accumulation for the purpose of (i) the payment of the debts of the transferor or any other person taking any interest under the transfer; or (ii) the provision of portions for children or remoter issue of the transferor or of any other person taking any interest under the transfer; or (iii) the preservation or maintenance of the property transferred, and such direction may be made accordingly.

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Presidency Small Cause Courts Act, 1882 Section 42

Title: Service of Summons

State: Central

Year: 1882

The summons shall be served on the occupant in the manner provided by the Code of Civil Procedure (14 of 1882) {See now the Code of Civil Procedure, 1908 (Act 5 of 1908)} for the service of a summons on a defendant.

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Presidency Small Cause Courts Act, 1882 Section 44

Title: Such Order to Justify Bailiff Entering on Property and Giving Possession.bar to Proceedings Against Judge or Officer for Issuing, Etc., Order or Summons

State: Central

Year: 1882

Any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such, summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property.

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Indian Trusts Act, 1882 Section 22

Title: Sale by Trustee Directed to Sell Within Specified Time

State: Central

Year: 1882

Where a trustee directed to sell within a specified time extends such time the burden of proving, as between himself and the beneficiary, that the latter is not prejudiced by the extension lies upon the trustee, unless the extension has been authorized by a principal civil court of original jurisdiction. Illustration A bequeaths property to B, directing him with all convenient speed and within five years to sell it, and apply the proceeds for the benefit of C. In the exercise of reasonable discretion . B postpones the sale for six years. The sale is not thereby rendered invalid, but C, alleging that he has been injured by the postponement, institutes a suit against B to obtain compensation. In such suit the burden of proving that C has not been injured lies on B.

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Presidency Small Cause Courts Act, 1882 Section 41

Title: Summons Against Person Occupying Property Without Leave

State: Central

Year: 1882

{Section 41 has been virtually amended and supplemented in the City of Madras by Mad. Act 3 of 1921.} When any person has had possession of any immovable property situate within the local limits of the Small Cause Court's jurisdiction and of which the annual value at a rack-rent does not exceed {Substituted by Act 9 of 1912, section 2, for "one"} [two] thousand rupees, as the tenant, or by permission, of another person, or of some person through whom such other person claims, and such tenancy or permission has determined or been withdrawn, and such tenant or occupier or any person holding under or by assignment from him (hereinafter called the occupant) refuses to deliver up such property in compliance with a request made to him in this behalf by such other person, such other person (hereinafter called the applicant) may apply {For fee on such application, see section 71, infra} to the Small Cause Court for a summons against the occupant, calling upon him to show cause, on a day therein appointed, why he should not be compelled to deliver up the property.

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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.....

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Presidency Small Cause Courts Act, 1882 Chapter VII

Title: Recovery of Possession of Immovable Property

State: Central

Year: 1882

.....by virtue of a title which determined previous to the date of the application, he shall be deemed to have shown cause within the meaning of this section. Section 44 - Such order to justify bailiff entering on property and giving possession.Bar to proceedings against Judge or officer for issuing, etc., order or summons Any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such, summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property. Section 45 - Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.Occupant may sue for compensation When.....

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Presidency Small Cause Courts Act, 1882 Chapter VIII

Title: Distresses

State: Central

Year: 1882

.....to the Registrar of the Small Cause Court; and such amount shall be applied first in payment of the costs of the said distress and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor: Provided that the debtor may direct that the sale shall take place in any other manner, first giving security for any extra costs thereby occasioned. Section 66 - Costs of distresses No costs of any distress under this Chapter shall be taken or demanded except those mentioned in the part (marked E) of the third schedule hereto annexed. {The second paragraph,, relating to the application of sums raised as costs towards payment of contingent charges and remuneration of bailiff, was repealed by the A.O.1937.} Section 67 - Account of costs and proceeds The Registrar of the Small Cause Court shall keep a book in which all sums received as costs upon distresses made under this Chapter, and all sums paid as remuneration to the said bailiffs, and all contingent charges incurred in respect of such distresses, shall be duly entered. He shall also enter in the said book all sums realised by sale of the property distrained and paid over to landlords.....

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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.....

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Presidency Small Cause Courts Act, 1882 Section 39

Title: Removal of Certain Causes into High Court

State: Central

Year: 1882

.....the High Court on such an application may either remove the suit to its own file or transfer the same to the Madras City Civil Court, see Mad Act 5 of 1916, section 3}. {Substituted by Act 4 of 1906, section 3, for the original sub-section (2).} (2) Unless the Judge is of opinion that the application has been made solely for the purpose of delay, the applicant shall be entitled to such order as of right: Provided that the removal directed by such order shall, unless the Judge otherwise directs, be conditional upon the applicant giving security, to the approval of the Judge, within a reasonable time to be prescribed in the order for the payment of the amount claimed and of the costs which may become payable by him to the plaintiff in respect of the said suit.] (3) If the applicant fail or neglect to complete the required security (if any) within the prescribed time (if any), the said order shall be discharged and the suit shall proceed in the Small Cause Court as if such order had never been made. (4) If the plaintiff in any case which has been removed under this section into the High Court has abandoned a portion of his claim in order to be able to bring the suit.....

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