Bare Act Search Results

Oudh 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.....

Oudh 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.....

Oudh Laws Act, 1876 Complete Act

State: Central

Year: 1876

.....affects the provisions of sections 102,104,105,106,107and108of the Oudh Rent Act (19 of 1868)14with regard to the limitation of suits under that Act. SECTION 17: Act 32 of 1871, section 28, to cease in any district from date of notification that it is no longer under settlement - [Repealed by the Repealing and Amending Act, 1891 (12 of 1891).] SECTION 18: RECOGNISED AGENTS - [Repealed by the Amending Act, 1891 (12 of 1891).] SECTION 19: RULES FOR TAKING EVIDENCE Section 172 of Act No. 8 of 1859is hereby repealed, so far as the Province of Oudh is concerned, and the following section is substituted therefore: "on the day appointed for the hearing of the suit, or on some other day to which the hearing may be adjourned, the evidence of the witnesses in attendance shall be taken orally in open Court in the presence and hearing and under the personal direction and superintendence of the Judge." "A note of the essential points of the evidence of each witness is to be taken at the time, and in the course of oral examinations, by the officer who tries the case in his own language, or in English if he is .sufficiently acquainted with that language and such note shall be filed, and.....

Oudh Laws Act, 1876 Section 9A

Title: When a Suit for Pre-emption Lies

State: Central

Year: 1876

{S.9A ins.by U.P.Act 15 of 1939, s.2.} No suit shall lie for enforcing a right of pre-emption under this Act in respect of a portion only of the property sold or foreclosed: Provided that, where the plaintiff has a right of pre-emption in respect of only a portion of the property sold or foreclosed, then notwithstanding anything to the contrary contained in any enactment a suit for the pre-emption of that portion only shall lie and the plaintiff shall have to pay the proportionate price or the proportionate amount due in respect of such mortgage for such portion of the property as the case may be.]

Oudh Laws Act, 1876 Section 10

Title: Notice to Pre-emptors

State: Central

Year: 1876

When any person proposes to sell any property, or when he forecloses a mortgage upon any property, in respect of which any persons have a right of pre-emption, he shall give notice to the persons concerned of the price at which he is willing to sell such property, or of the amount due in respect of such mortgage, as the case may be: {The proviso ins.by s.3, ibid.} [Provided that, where a person has a right of pre-emption in respect of a portion only of the property proposed to be sold or foreclosed, the notice to such person shall specify the proportionate amount of the price or the proportionate amount due in respect of such mortgage at which the person proposing to sell or foreclose is willing to sell or redeem such portion of the property, as the case may be.] Such notice shall be given through the Court within the local limits of whose jurisdiction the property or any part thereof is situate, and shall be deemed sufficiently given if it be stuck up on the chaupal or other public place of the village or city in which the property is situate.

Oudh 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.

Land Registration Act, 1876 Complete Act

State: West Bengal

Year: 1876

.....land appertaining to the estate which each mauza contains, if ascertained by survey or other authentic measurement; 1515. Clause (e) rep., by Ben. Act 2 of 1906 and E.B. and A. Act 1 of 1907, in the districts in respect of which any order is issued under any clause of sec. 19A of the present Act. (e) reference to entries made in the intermediate register after the preparation of the general register. Section 8 Part II of general register. In Part II of the general register of revenue-paying lands shall be entered the name of every estate which comprises lands situated in the district but which is borne on the revenue-roll of some other district, and the following particulars relating to every such estate: (a) name of the estate: (b) name of the district on the revenue-roll of which the estate is borne, with the number which the estate bears on that roll, the annual amount of revenue for which it is liable, 1616. Words rep., by Ben. Act 2 of 1906 and E.B. and A. Act 1 of 1907. in the districts in respect of which any order is issued under clause (a) or clause (b) of sec. 19A of the present Act. [and the number which the estate bears in Part I of the general register of.....