Bare Act Search Results

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.

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.

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.

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.

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.

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.....

Trusts Act, 1882 Complete Act

State: Central

Year: 1882

.....known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the section 229 Indian Contract Act, 1872 (9 of 1872)-, ; and all expressions used herein and defined in the Indian Contract Act, 1872 (expressions defined in Act 9 of 1872), shall be deemed to have the meanings respectively attributed to them by that Act. SECTION 04: LAWFUL PURPOSE. A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the person or property of another, or (e) the Court regards it as immoral or opposed to public policy. Every trust of which the purpose is unlawful is void. And where a trust is created for two purposes, of which one is lawful and the other unlawful, and the two purposes, cannot be separated, the whole trust is void. SECTION 05: TRUST OF IMMOVABLE PROPERTY No trust in relation to immoveable property is valid unless declared by a non-testamentary instrument in writing signed by the author of the trust or the.....

Bengal Embankment Act, 1882 Complete Act

State: West Bengal

Year: 1882

.....subject to the Lieutenant- Governor of Bengal, but only as provided in Part IX.] (Commencement). Rep. by Act 1 of 1903. Section 2 Repeal of former Acts 33. Words rep. by Act 1 of 1903. 44. Words and figures subs, by Ben. Act 1 of 1939. [the Bengal Embankment Act, 1873], with the exception of the sections set out and schedules specified in Schedule I to this Act annexed, shall be repealed. The references in the said sections, which are mentioned in Schedule II to this Act annexed, shall be read as if the references were made to the portions of this Act mentioned against such references respectively in the third column of such schedule. Sections 80 and 81 of this Act shall be applicable respectively to the proclamation and notice mentioned in sections 26 and 28, Bengal Act 6 of 1873. Section 3 Interpretation The following words shall, for the purposes of this Act, have the meanings hereby declared, save where, from the context, a contrary intention appears : "Collector" means any Revenue-officer in independent charge of a district or portion of a district, or specially appointed by the 55. Word subs, by the Adaptation of Laws Order. 1 950. [State] Government of e(West Bengal].....

Indian Trusts Act, 1882 Chapter III

Title: Of the Duties and Liabilities of Trustees

State: Central

Year: 1882

.....the Slate Government of Bombay]; 15[(d) in debentures or other securities for money issued, under the authority of16[any Central Act or Provincial Act or State Act], by or on behalf of any municipal body, port trust or city improvement trust in any Presidency-town, or in Rangoon town, or by or on behalf of the trustees of the port of Karachi:] 17[Provided that after the 31st day of March, 1948, no money shall be invested in any securities issued by or on behalf of a municipal body, port trust or city improvement trust in Rangoon town, or by or on behalf of trustees of the port of Karachi:] (e) On a first mortgage of immovable property situate in18[any part of the territories to which this Act extends]: Provided that the property is not a leasehold for a term of years and that the value of the property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the mortgage-money; 19[* * *] 20[(ee) in units issued by the Unit Trust of India under any unit scheme made under section 21 of the Unit Trust of India Act, 1963; or] (f) on any other security expressly authorized by the instrument of trust,21[or by the Central Government by the notification in.....

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.....