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Transfer of Property Act, 1882 Section 125

Title: Gift to Several of Whom One Does Not Accept

State: Central

Year: 1882

A gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had he accepted.

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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.

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Indian Easements Act, 1882 Chapter 5

Title: The Extinction, Suspension and Revival of Easements

State: Central

Year: 1882

.....to B, and lawfully imposes an easement on the land in favour of C in accordance with the provisions of section 10. The land is sold to D in satisfaction of the mortgage-debt. The easement is not thereby extinguished. Section 38 - Extinction by release An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage. An easement may be released as to part only of the servient heritage. Explanation I.--An easement is impliedly released-- (a) where the dominant owner expressly authorises an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority; (b) where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. Explanation II.--Mere non-user of an easement is not an implied release within the meaning of this section. Illustrations .....

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Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 3

Title: Repeal and Savings

State: Maharashtra

Year: 1882

.....notifications, issued, limits defined or fixed, remissions or exemptions granted, rules, by-laws, regulations, delegation and appointment made, powers conferred and duties imposed, in so far as they are not inconsistent with the provisions of this Act, and the scales of tolls, dues, fees, rents, rates and charges framed) under the laws so repealed shall continue in force until altered, amended or superseded by anything done or any action taken under this Act.] _________________ 1. This marginal note was substituted for the original by Bom. 55 of 1959, section 4(c). 2. Section 3 was re-numbered as sub-section (1) of that section and sub-section (2) was inserted, ibid., section 4(c).

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Indian Easements Act, 1882 Section 45

Title: Extinction by Destruction of Either Heritage

State: Central

Year: 1882

An easement is extinguished when either the dominant or the servient heritage is completely destroyed Illustration A has a right of way over a road running along the foot of a sea-cliff. The road is washed away by a permanent encroachment of the sea. A's easement is extinguished.

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Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Preamble

Title: the Bombay Landing and Wharfage Fees Act, 1882

State: Maharashtra

Year: 1882

.....until superseded by anything done or any action taken under this Act. _________________ 1. This Act was extended to any ports in the rest of the State of Bombay to which Government may, from time to time, by notification in the Official Gazette, extend that Act (vide Bom. 55 of 1959, section 2). 2. For Statement of Objects and Reasons, see Bombay Government Gazette, 1881, Pt. V, p. 41; and for proceedings in Council, see ibid., p. 47. 3. The word Public was deleted by Bom. 55 of 1959, section 4(a). 4. These words were substituted for the words Bombay Presidency , ibid., section 4(a). * See section 117 of the Maharashtra Maritime Board Act, 1996 (Mah. Act No. 15 of 1997).

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Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 11

Title: Receipt, Expenditure and Account of Landing and Wharfage Fees

State: Maharashtra

Year: 1882

1[Deleted by Bom. 55 of 1959, s. 4(f). _________________ 1 The balance standing at the foot of each landing and wharfage fees fund account under section 11 immediately before the commencement of Bom. 55 of 1959, shall be credited to the Consolidated Fund of the State [vide Bom. 55 of 1959, section 4(j)].

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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.....

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Bills of Exchange Act, 1882 Complete Act

State: Central

Year: 1882

.....operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature the agent in so signing was acting within the actual limit of his authority. SECTION 26: PERSON SIGNING AS AGENT OR IN REPRESENTATIVE CAPACITY (1) Where a person signs a bill as drawer, endorser or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. (2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted. SECTION 27: VALUE DEFINED (1) Valuable consideration for a bill may be constituted by- (a) any consideration sufficient to support a simple contract ; (b) an antecedent debt or liability. Such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. (2) Where value.....

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The Easements Act, 1882 Complete Act

State: Central

Year: 1882

.....appears, be deemed to pass the easement to the person in whose favour the transfer or devolution takes place. SECTION 20: RULES CONTROLLED BY CONTRACT OR TITLE The rules contained in this Chapter are controlled by any contract between the dominant and servient owners relating to the servient heritage, and by the provisions of the instrument or decree, if any, by which the easement referred to was imposed. Incidents of customary easements and when any incident of any customary easement is inconsistent with such rules, nothing in this Chapter shall affect such incident. SECTION 21: BAR TO USE UNCONNECTED WITH ENJOYMENT An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage. SECTION 22: EXERCISE OF EASEMENT -- CONFINEMENT OF EXERCISE OF Easement The dominant owner must exercise his right in the mode which is least onerous to the servient owner; and when the exercise of an easement can without detriment to the dominant owner be confined to a determinate part of the servient heritage, such exercise shall, at the request of the servient owner, be so confined. SECTION 23: RIGHT TO ALTER MODE OF ENJOYMENT Subject to the provisions of.....

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