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Start Free TrialPresidency Small Cause Courts Act, 1882 Chapter VIII
Title: Distresses
State: Central
Year: 1882
.....to the Registrar of the Small Cause Court; and such amount shall be applied first in payment of the costs of the said distress and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor: Provided that the debtor may direct that the sale shall take place in any other manner, first giving security for any extra costs thereby occasioned. Section 66 - Costs of distresses No costs of any distress under this Chapter shall be taken or demanded except those mentioned in the part (marked E) of the third schedule hereto annexed. {The second paragraph,, relating to the application of sums raised as costs towards payment of contingent charges and remuneration of bailiff, was repealed by the A.O.1937.} Section 67 - Account of costs and proceeds The Registrar of the Small Cause Court shall keep a book in which all sums received as costs upon distresses made under this Chapter, and all sums paid as remuneration to the said bailiffs, and all contingent charges incurred in respect of such distresses, shall be duly entered. He shall also enter in the said book all sums realised by sale of the property distrained and paid over to landlords.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 56
Title: What Places Bailiff May Force Open
State: Central
Year: 1882
The bailiff directed to make the distress may force open any stable, outhouse or other building, and may also enter any dwelling-house, the outer door of which may be open, and may break open the door of any room in such dwelling-house for the purpose of seizing property liable to be seized under this Chapter: Provided that he shall not enter or break open the door of any room appropriated for the zenn or residence of women, which by the usage of the country is considered private.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Chapter IX
Title: References to High Court
State: Central
Year: 1882
.....arises upon which the Court entertains reasonable doubt, and either party so requires, the Small Cause Court shall draw up a statement of the facts of the case and the point on which there is a difference of opinion or on which doubt is entertained, and refer such statement with its own opinion on the point for the opinion of the High Court; and the provisions of sections 619 to 621 of the {See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch.I, Order XLVI, rules 3 to 5} Code of Civil Procedure (14 of 1882), shall, so far as they are applicable, be deemed to apply as if such reference had been made under section 617 {See now rule 1, ibid} of the said Code. (2) When the Small Cause Court refers any question for the opinion of the High Court as provided in sub-section (1), it shall either reserve judgment or give judgment contingent upon such opinion.] Section 70 - Security to be furnished on such reference by party against whom contingent judgment given When judgment is given under section 69 contingent upon the opinion of the High Court, the party against whom such judgment is given shall at once furnish security, to be approved by the Small Cause Court,.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 69
Title: Reference when Compulsory
State: Central
Year: 1882
.....affect the merits, or if in any suit or in any such proceeding, in which the amount or value of the subject-matter exceeds five hundred rupees, any such question arises upon which the Court entertains reasonable doubt, and either party so requires, the Small Cause Court shall draw up a statement of the facts of the case and the point on which there is a difference of opinion or on which doubt is entertained, and refer such statement with its own opinion on the point for the opinion of the High Court; and the provisions of sections 619 to 621 of the {See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch.I, Order XLVI, rules 3 to 5} Code of Civil Procedure (14 of 1882), shall, so far as they are applicable, be deemed to apply as if such reference had been made under section 617 {See now rule 1, ibid} of the said Code. (2) When the Small Cause Court refers any question for the opinion of the High Court as provided in sub-section (1), it shall either reserve judgment or give judgment contingent upon such opinion.]
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 36
Title: Apportionment of Periodical Payments Determination of Interest of Person Entitled
State: Central
Year: 1882
In the absence of a contract or local usage to the contrary, all rents annuities, pensions, dividends and other periodical payments in the nature of income shall, upon the transfer of the interest of the person entitled to receive such payments, be deemed, as between the transferor and the transferee, to accrue due from day to day, and to be apportionable accordingly, but to be payable on the days appointed for the payment thereof.
View Complete Act List Judgments citing this sectionTransfer 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.....
View Complete Act List Judgments citing this sectionTRANSFER OF PROPERTY ACT, 1882 Section 65A
Title: Mortgagor's power to lease
State: Central
Year: 1882
.....shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re-entry on the rent not being paid within a time therein specified. (3) The provisions of sub-section (1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of sub-section (2) may be varied or extended by the mortgage-deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section.] ________________________ 1. Inserted by Act 20 of 1929, Section 30.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 98
Title: Anomalous Mortgage: Rights and Liabilities of Parties to Anomalous Mortgage
State: Central
Year: 1882
In the case of1[an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage. ________________________ 1. Substituted by Act 20 of 1929, Section 49, for "a mortgage, not being a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage or an English mortgage or a combination of the first and third, or the second and third, of such forms".
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Chapter V
Title: Of Leases of Immoveable Property
State: Central
Year: 1882
.....or (if such tender or delivery isnot practicable) affixed to a conspicuous part of the property.] _______________________ 1.Substitutedby Act3 2003, section 2, for Section "106.Durationof certain leases in absence of written contract or local usage. -Inthe absence of a contract or local law or usage to the contrary, a lease ofimmoveable property for agricultural or manufacturing purposes shall be deemedto be a lease from year to year, terminable, on the part of either lessor orlessee, by six months' notice expiring with the end of a year of the tenancy;and a lease of immoveable property for any other purpose shall be deemed to be alease from month to month, terminable, on the part of either lessor or lessee,by fifteen days' notice expiring with the end of a month of the tenancy. Everynotice under this section must be in writing, signed by or on behalf of theperson giving it, and either be sent by post to the party who is intended to bebound by it or be tendered or delivered personally to such party, or to one ofhis family or servants at his residence, or (if such tender or delivery is notpracticable) affixed to a conspicuous part of the property." Section 107 -.....
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 106
Title: Duration of Certain Leases in Absence of Written Contract or Local Usage
State: Central
Year: 1882
.....or local usage (1)In the absence of a contract or local law or usage to the contrary, a lease ofimmovable property for agricultural or manufacturing purposes shall be deemed tobe a lease from year to year, terminable, on the part of either lessor orlessee, by six months' notice; and a lease of immovable property for any otherpurpose shall be deemed to be a lease from month to month, terminable, on thepart of either lessor or lessee, by fifteen days' notice. (2)Notwithstanding anything contained in any other law for the time being in force,the period mentioned in sub-section (1) shall commence from the date of receiptof notice. (3)A notice under sub-section (1) shall not be deemed to be invalid merely becausethe period mentioned therein falls short of the period specified under thatsub-section, where a suit or proceeding is filed after the expiry of the periodmentioned in that sub-section. (4)Every notice under sub-section (1) must be in writing, signed by or on behalf ofthe person giving it, and either be sent by post to the party who is intended tobe bound by it or be tendered or delivered personally to such party, or to oneof his family or servants at his.....
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