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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 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Act 32 of 1871, section 28, to cease in any district from date of notification that it is no longer under settlement - [Repealed by the Repealing and Amending Act, 1891 (12 of 1891).] SECTION 18: RECOGNISED AGENTS - [Repealed by the Amending Act, 1891 (12 of 1891).] SECTION 19: RULES FOR TAKING EVIDENCE Section 172 of Act No. 8 of 1859is hereby repealed, so far as the Province of Oudh is concerned, and the following section is substituted therefore: "on the day appointed for the hearing of the suit, or on some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 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 Section 13

Title: Suit to Enforce Right of 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.....

Dramatic Performances Act, 1876 Complete Act

State: Central

Year: 1876

.....Deoghar sub-divisions of the Santal Parganas District by S. 2 of theHazaribagh, Manbhum, Palamau (Excluding Latehar),Godda,Deoghar and Dhalbhum Laws Act, 1951(Bih. Act 24 of 1951). Prior to this, this Act was extended to Santhal Parganas District (excluding Godda and Deoghar) by Bih. Regn. I of 1951. All these areas form part of Bihar State. This Act, as amended byPunj. Act 48 of 1956, is extended to the area comprised in the former State of Pepsu by S. 4 of thePunjab Laws (Extension No. 4) Act, 1958(Punj Act 18 of 1958).Punjab Act 10 of 1964has now repealed this Act in so far as it applied to that State. The Act is extended to the States merged in the States of-Bombay: see Born. Act 4 of 1950. Madhya Pradesh: seeM.P. Act 12 of 1950. Tamil Nadu:T.N. Act 35 of 1949. This Act is repealed in its application to the State of Andhra Pradesh by theAndhra Objectionable Performances . Prohibition Act, 1956(Andh Act 8 of 1956), S.I 6 and to the State of Tamil Nadu by theT.N. Dramatic Performances Act, 1954(T.N. Act 33 of 1954), Section 14. It has also been repealed in the States of Madhya Pradesh, Mysore (now Karnataka), Orissa and Punjab (including Haryana and Chandigarh) byM.P. Act 11 of.....

Dramatic Performances Act, 1876 Section 4

Title: Power to Serve Order of Prohibition. Penalty for Disobeying Order

State: Central

Year: 1876

A copy of any such order may be served on any person about to take part in the performance so prohibited, or on the owner or occupier of any house, room or place in which such performance is intended to take place; and any person on whom such copy is served, and who does, or willingly permits, any act in disobedience to such order, shall be punished on conviction before a Magistrate with imprisonment for a term which may extend to three months, or with fine, or with both.

Dramatic Performances Act, 1876 Section 10

Title: Power to Prohibit Dramatic Performance in Any Local Area, Except Under License

State: Central

Year: 1876

.....or such officer as it may specially empower in this behalf. The State Government may also order that no dramatic performance shall take place in any place of public entertainment within such area, unless a copy of the piece, if and so far as it is written, or some sufficient account of its purport, if and so far as it is in pantomime, has been furnished, not less than three days before the performance, to the State Government or to such officer as it may appoint in this behalf. A copy of any order under this section may be served on any keeper of a place of public entertainment; and if thereafter he does, or willingly permits, any act in disobedience to such order, he shall be punishable on conviction before a Magistrate with imprisonment for a term which may extend to three months, or with fine, or with both.

Oudh Laws Act, 1876 Chapter III

Title: Procedure of the Courts

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 Section 19

Title: Rules of Taking Evidence

State: Central

Year: 1876

{See now ss.181 to 190, both inclusive, of the Code of Civil Procedure, 1908 (5 of 1908).} Section 172 of Act No.8 of 1859 is hereby repealed, so far as the province of Oudh is concerned, and the following section is substituted therefor: "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 examination, 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 shall form part of the record of the case. " If the evidence be taken down in a different language from that in which it has been given, and the witness does not understand the language in which it is taken down, the witness may require his deposition as taken down to be interpreted to him in the language in which it was given. " It shall be in the discretion of the Court.....