Bare Act Search Results

The Orissa Court of Wards Act, 1947 Complete Act

State: Orissa

Year: 1947

.....cease to carry interest from the expiration of the period prescribed by Section 41, and shall not be paid until after the discharge or satisfaction of the claims notified or admitted under Section 42. Section 46 - Inadmissibility in evidence of documents not produced No document in the possession or under the control of the claimant which should have been but has not been produced in accordance with the requirements of Section 42, shall be admissible in evidence against the ward or his representative in any suit brought by or against claimant, or any person claiming under him unless it be proved to the satisfaction of the Civil Court that it was not within his power to produce such document before the Collector. Section 47 - When mortgagee in possession may be dispossessed (1) When any property of a ward is in the possession of a mortgagee, or any person claiming under a mortgagee, the State Government may, on being satisfied that it is expedient in the public interest that the estate should be preserved and that such encumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect and direct the Court to take possession thereof; the.....

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.....

Transfer of Property Act, 1882 Chapter IV

Title: Of Mortgages of Immovable Property and Charges

State: Central

Year: 1882

.....of the receiverwas valid or not. (6) The receiver shall be entitledto retain out of any money received by him, for his remuneration, and insatisfaction of all costs, charges and expenses incurred by him as receiver, acommission at such rate not exceeding five per cent, on the gross amount of allmoney received as is specified in his appointment, and, if no rate is sospecified, then at the rate of five per cent. on that gross amount, or at suchother rate as the Court thinks fit to allow, on application made by him for thatpurpose. (7) The receiver shall, if sodirected in writing by the mortgagee, insure to the extent, if any, to which themortgagee might have insured, and keep insured against loss or damage by fire,out of the money received by him, the mortgaged property or any part thereofbeing of an insurable nature. (8) Subject to the provisions ofthis Act as to the application of insurance money, the receiver shall apply allmoney received by him as follows, namely. - (i) in discharge of all rents,taxes, land revenue., rates and outgoings whatever affecting the mortgagedproperty; (ii) in keeping down all annualsums or other payments, and the interest on all principal.....

Transfer of Property Act, 1882 Section 60A

Title: Obligation to Transfer to Third Party Instead of Re-transference to Mortgagor

State: Central

Year: 1882

1 [60A. Obligation to transfer to third party instead of re-transference to mortgagor (1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment of which he would be entitled to require a re-transfer, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly. (2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance; but the requisition of any encumbrance shall prevail over a requisition of the mortgagor and, as between encumbrances, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer. (3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession. ________________________ 1. Sections 60A and 60B Inserted by Act 20 of 1929, section 23.

The Himachal Pradesh Holdings Consolidation and Prevention of Fragmentation) Act, 1971 Complete Act

State: Himachal

Year: 1971

.....PREVENTION OF FRAGMENTATION) ACT, 1971 THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTIONOF FRAGMENTATION) ACT, 1971 ARRANGEMENT OF SECTIONS Sections: CHAPTER-I PRELIMINARY 1. Short title, extent and commencement 2. Definitions. CHAPTER-II DETERMINATION OF STANDARD AREAS AND TREATMENT OF FRAMENTS 3. Determination of notified area. 4. Settlement of standard. 5. Determination and revision of standard areas. 6. Entry in the record of rights. 7. Transfer and lease of fragments. 8. Fragmentation prohibited. 9. Penalty for transfer or partition contrary to provisions of Act. 10. Valuation of fragment. 11. Transfer of fragment. 12. Partition of estate assessed to payment of revenue to Government or separation of share thereof. 13. State Government or local authority not to acquire land so as to leave fragment. CHAPTER-III REVISION AND CORRECTIONOF MAPS AND RECORDS AND CONSOLIDAION OF HOLDINGS 14. Declaration regarding consolidation. 15. Effect of declaration. 16. Cancellation of declaration under section 14. 17. Revision and correction of records. 18. Publication of correct records. 19. Declaration regarding revision of records. 20. Preparation of statement of.....

The Kerala Revenue Recovery Act, 1968 [1] Complete Act

State: Kerala

Year: 1968

.....When the amount due has not been paid pursuant to the terms of the demand and no arrangement for securing the same has been entered into to the satisfaction of the Collector or the authorised officer, the officer who made the attachment shall, if he is not himself empowered to sell the property attached, immediately transmit a copy of the list or inventory of the property attached to the nearest officer empowered to sell the property in order that it may be publicly sold for the discharge of the arrear of the public revenue due on land, with interest and cost of process. 12. Sale of attached property .- (1) Subject to the provisions of sub-sections (2) and (3), the property attached may be sold in public auction. A copy of the list or inventory of the property to be sold, together with a notice under the signature of the Collector or the authorised officer specifying the place and the day and hour at which, and also the person by whom, the property will be sold, shall be served on the defaulter. A copy of the list or inventory of the property and a copy of the notice shall also be published. (2) The date of sale shall not be within fifteen days of the service of the notice on.....

East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 Complete Act

State: Punjab

Year: 1948

.....may, after such inquiry as it deems fit, specify any estate or sub-division of an estate as a notified area for the purposes of this Chapter of this Act. Section 4 - Settlement of standard areas (1) The [State] Government may, after such inquiry as it deems fit, provisionally settle for any class of land in any notified area the minimum area that can be cultivated profitably as a separate plot. (2) The [State] Government shall by notification and in such other manner as may be prescribed publish the minimum areas provisionally settled by it under sub-section (1) and invite objections thereto. Section 5 - Determination and revision of standard areas (1) The [State] Government shall, after considering the objections, if any, received within three months of the date of publication of the notification under sub-section (2) of section 4 in the estate concerned and making such further inquiry as it may deem fit, determine the standard area for each class of land in such notified area. (2) The 1[State] Government may, at any time, if it deems it expedient so to do, revise a standard area determined under sub-section (1). Such revision shall be made in the manner laid down in.....

Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Chapter 4

Title: Effect of Consolidation Proceedings and of Consolidation of Holdings

State: Central

Year: 1947

.....made under the 6 [Maharashtra CooperativeSocieties Act, 1960;]] (iii)for execution of any award made under the Bombay Agricultural Debtors' ReliefAct, 1947 or 7 [under the Hyderabad Agricultural Debtors' Relief Act,1956;] 8 [* * *] 9 [(iiia) for the recovery of a sumdue under an agreement registered under the Central Provinces and Berar DebtConciliation Act, 1933;] (iv)for execution of any decree passed by a Civil Court; 10 [(v) for partitioning orsub-dividing in any manner,] in respect of any land 11 [for which anotice under section 15A has been given [shall be commenced, and allsuch proceedings if commenced shall be stayed;] 12 [(b) no person shall transfer anyland in respect of which a notice under section 15A has been given, except withthe previous permission in writing of the Consolidation Officer. Suchpermission may be given in such circumstances and subject to such conditions asmay be prescribed.] ______________________ 1.These words were substituted forthe words and figures "proceedings under section 153 and 155 of Bom. V of1879", by Bom. 69 of 1953 Sec. 8(2). 2.This clause was substituted forthe original, ibid, Sec. 8(1). 3.These Acts and Code were.....

Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Section 29

Title: Transfer of Encumbrances

State: Central

Year: 1947

.....therefrom and attach itself to the holding allotted to him under the scheme or to such part of if as the Consolidation Officer may, subject to any rules made under section 37, appoint; and the 3[* *] mortgagee, creditor or other incumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a 1[***] mortgage, debt or other encumbrance is transferred under section (1) is of less market value than the original holding from which it is transferred the 3[* * * ] mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the prescribed manner, put any 3[* * *] mortgagee or other encumbrancer entitled to possession into possession of the holding to which his 1[* *] mortgage or other encumbrance has been transferred under subsection (1). __________________ 1. The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1). 2. These words were inserted, by Bom......

Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Maharashtra) Section 29

Title: Transfer of Encumbrances

State: Maharashtra

Year: 1947

.....therefrom and attach itself to the holding allotted to him under the scheme or to such part of if as the Consolidation Officer may, subject to any rules made under section 37, appoint; and the3[* *] mortgagee, creditor or other incumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a1[***] mortgage, debt or other encumbrance is transferred under section (1) is of less market value than the original holding from which it is transferred the3[* * * ] mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the prescribed manner, put any3[* * *] mortgagee or other encumbrancer entitled to possession into posses sion of the holding to which his1[* *] mortgage or other encumbrance has been transferred under sub section (1). ____________________ 1. The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1). 2. These words were inserted, by Bom......