Bare Act Search Results

Transfer of Property Act, 1882 Section 92

Title: Subrogation

State: Central

Year: 1882

1 [92. Subrogation Any of the persons referred to insection 91 (other than the mortgagor) and any co-mortgagor shall, on redeemingproperty subject to the mortgage, have, so far as regards redemption,foreclosure or sale of such property, the same rights as the mortgagee whosemortgage he redeems may have against the mortgagor or any other mortgagee. The right conferred by this sectionis called the right of subrogation, and a person acquiring the same is said tobe subrogated to the rights of the mortgagee whose mortgage he redeems. A person who has advanced to amortgagor money with which the mortgage has been redeemed shall be subrogated tothe rights of the mortgagee whose mortgage has been redeemed, if the mortgagorhas by a registered instrument agreed that such persons shall be so subrogated. Nothing in this section shall bedeemed to confer a right of subrogation on any person unless the mortgage inrespect of which the right is claimed has been redeemed in full. ________________________ 1. Inserted by Act20 of 1929, Section 47, Original sections 92 to 94 were rep. by Act 5 of 1908,Section 156 and Schedule V.

Merchant Shipping Act, 1958 Section 352L

Title: Acquisition of Right for Compensation by Subrogation

State: Central

Year: 1958

(1) Where the owner or any of his servants or agents or any other person providing him insurance or other financial security has, as a result of incident in question, paid any compensation to any claimant, such person shall, up to the amount so paid by him, be entitled to acquire by subrogation the rights to which the claimant so compensated would be entitled to. (2) Where the owner or any other person providing him insurance or other financial security establishes that he may, at a later date, be compelled to pay to any person, in whole or in part, any amount by way of compensation for pollution damage caused by the incident with respect to which he would have been entitled to acquire by the incident with respect to which he would have been entitled to acquire by subrogation the right of the claimant had the compensation been paid before the fund was distributed, the High Court may order that sufficient amount from the fund may provisionally be set aside to enable the owner or such other person to enforce his claim against the fund at a later date.

Marine Insurance Act, 1963 Section 79

Title: Right of Subrogation

State: Central

Year: 1963

(1) Where the insurer pays for a total loss, either of the whole, or in the case of goods of any apportionable part, of the subject-matter insured, he thereupon becomes entitled to take over the interest of the assured in whatever may remain of the subject-matter so paid for, and he is thereby subrogated to all the rights and remedies of the assured in and in respect of that subject-matter as from the time of the casualty causing the loss. (2) Subject to the foregoing provisions, where the insurer pays for a partial loss, he acquires no title to the subject-matter insured, or such part of it as may remain, but he is thereupon subrogated to all rights and remedies of the assured in and in respect of the subject-matter insured as from the time of the casualty causing the loss, in so far as the assured has been indemnified, according to this Act, by such payment for the loss.

Merchant Shipping Act, 1958 Section 352Z

Title: Subrogation and Right of Recourse

State: Central

Year: 1958

In respect of any sum paid by a public authority in India or the Fund, as the case may be, as compensation for pollution damage, that authority shall acquire by subrogation any rights which the person so compensated would have enjoyed under the Fund Convention.

Representation of the People Act, 1951 Section 39A

Title: Allocation of Equitable Sharing of Time

State: Central

Year: 1951

.....candidates under section 38 for the election and shall be valid till forty-eight hours before the hour fixed for poll for such election. (3) The allocation of equitable sharing of time under sub-section (1)shall be binding on all political parties concerned. (4) The Election Commission may, for the purposes of this section, make code of conduct for cable operators and electronic media and the cable operators and every person managing or responsible for the management of the electronic media shall abide by such code of conduct. Explanation.--For the purposes of this section,-- (a) "electronic media" includes radio and any other broadcasting media notified by the Central Government in the Official Gazette; (b) "cable television network" and "cable operator" have the meanings respectively assigned to them under the Cable Television Networks (Regulation) Act, 1995(7 of 1995).'] ______________________ 1. Inserted by Election and Other Related Laws (Amendment) Act, 2003 (46 of 2003).

Biological Diversity Act, 2002 Section 21

Title: Determination of Equitable Benefit Sharing by National Biodiversity Authority

State: Central

Year: 2002

(1) The National Biodiversity Authority shall while granting approvals under section 19 or section 20 ensure that the terms and conditions subject to which approval is granted secures equitable sharing of benefits arising out of the use of accessed biological resources, their by-products, innovations and practices associated with their use and applications and knowledge relating thereto in accordance with mutually agreed terms and conditions between the person applying for such approval, local bodies concerned and the benefit claimers. (2) The National Biodiversity Authority shall, subject to any regulations made in this behalf, determine the benefit sharing which shall be given effect in all or any of the following manner, namely:-- (a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority, or where benefit claimers are identified, to such benefit claimers; (b) transfer of technology; (c) location of production, research and development units in such areas which will facilitate better living standards to the benefit claimers; (d) association of Indian scientists, benefit claimers and the local people with research and.....

Marine Insurance Act, 1963 Complete Act

State: Central

Year: 1963

.....NEGOTIATION OF CONTRACT (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be Considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. SECTION 23: WHEN CONTRACT IS DEEMED TO BE CONCLUDED A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the.....

Transfer of Property Act, 1882 Chapter IV

Title: Of Mortgages of Immovable Property and Charges

State: Central

Year: 1882

.....times, at his request and at his own cost, and on payment of the mortgagee's costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.] Section 61 - Right to redeem separately or simultaneously 1 [61. Right to redeem separately or simultaneously A mortgagor who has executed two ormore mortgages in favour of the same mortgagee shall, in the absence of acontract to the contrary, when the principal money of any two or more of themortgages has become due, be entitled to redeem any one such mortgageseparately, or any two or more of such mortgages together.] ________________________ 1. Substituted byAct 20 of 1929, section 24 for the original section. Section 62 - Right of usufructuary mortgagor to recover possession In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 1 [together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], - (a) where the mortgagee is authorized to pay himself the.....

Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....To meet the immediate requirements of the country soon after independence the Merchant Shipping Laws. (Extension to Acceding States and Amendment) Act, 1949 was enacted, by which the British Merchant Shipping Acts 1894 to 1938 were extended to the Acceding States (later known as Part B States) and Indian Consular Officers were empowered to perform functions in relation to Indian ships outside India and provision was made to enable Government to prescribe the proper national colours for ships registered in India, The Control of Shipping Act, 1947, was another short-term measure which continued the war-time control over Indian shipping and controlled the coastal trade by a system of licensing. This Act, which has been renewed from time to time, is due to expire on the 31st March, 1958. 3. The present Bill revises and consolidates all laws in force in India relating to merchant shipping, whether passed by the British Parliament or the Indian Legislature, and makes provision for the matters discussed in the succeedihg paragraphs, which also indicate the principal changes made in the law ........... -Gaz. of Ind., 1958, Extra., Pt. II, S. 2, p. 203.Act 21 of 1966.- The minimum.....

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.....