Bare Act Search Results

Transfer of Property Act, 1882 Chapter V

Title: Of Leases of Immoveable Property

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.....

Transfer of Property Act, 1882 Chapter III

Title: Of Sales of Immoveable Property

State: Central

Year: 1882

.....on such amount or part1[from the date on which possession has been delivered]. (5) The buyer is bound- (a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; (b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances.....

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.....

Income Tax Act, 1961 Chapter XX-C

Title: Purchase by Central Government of Immovable Properties in Certain Cases of Transfer

State: Central

Year: 1961

.....in such manner and within such time as may be prescribed2, by each of the parties to such transaction or by any of the parties to such transaction acting on behalf of himself and on behalf of the other parties. (4) Where it is found that the statement referred to in sub-section (2) is defective, the appropriate authority may intimate the defect to the parties concerned and give them an opportunity to rectify the defect within a period of fifteen days from the date of such intimation or within such further period which, on an application made in this behalf, the appropriate authority may, in its discretion, allow and if the defect is not rectified within the said period of fifteen days or, as the case may be, the further period so allowed, then, notwithstanding anything contained in any other provision of this Chapter, the statement shall be deemed never to have been furnished. ________________________________ 1. See rule 48K. 2. See rule 48L and Form No. 37-I. For analysis, see Mashbras Income-tax Rules. Section 269UD - Order by appropriate authority for purchase by Central Government of immovable property (1) Subject to the.....

Requisitioning and Acquisition of Immovable Property Act, 1952 Complete Act

State: Central

Year: 1952

.....from the date of revocation of the Proclamation of Emergency be deemed to be property requisitioned under the 1952 Act. In other words, though in fact the requisitioning of these properties was made under the Defence of India Act, it shall be deemed to have been made under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952and all the provisions of the latter Act shall apply accordingly. 2. Opportunity is taken to omit clause (b) of sub-section (3) of section 3as the same has been struck down by the Supreme Court as violative of Article 31 (2)of the Constitution. 3. The Bill seeks to achieve the above objects, S.O.R. -Gaz. of Ind., 10-5- 1968, Pt. II, section 2, Ext., p. 704. V Amending Act I of 1970.- The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939which came to an end on the 30th September, 1946. It was, however, found necessary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947that any property which had been requisitioned under the.....

The Requisitioning and Acquistion of Immovable Property Rules, 1953 Complete Act

State: Punjab

Year: 1953

.....of sub-section (1) of section 8. The competent authority shall at the same time submit to the Central government a report setting forth the full facts of the case with all connected papers and apply for the appointment of an arbitrator. Where the compensation is recurring, the competent authority shall, in cases covered by this sub-rule, deposit the amount in court from time to time in arrear as it falls due. (5) (I) Every person interested to whom an offer is made under sub-rule(3) shall, within fifteen days of the receipt of the offer, communicate in writing to the competent authority his acceptance, or otherwise of the offer. If he accepts the offer, the competent authority shall enter into an agreement with him on behalf of Central Government in Form ˜K'. (ii) In the following circumstances, the competent authority may, at his discretion, make [to all eligible claimants] ˜on account' payment upto 80 percent. Of the amount which, in his opinion, is likely to be assessed as compensation or recurring compensation as the case may be:- (a) When there is likely to be delay in assessing compensation; (b) Where the competent authority has made an assessment.....

[The] Requisitioning and Acquisition of Immovable Property Act, 1952 Complete Act

State: Punjab

Year: 1952

.....any power or performing any duty under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.(Act XLV of 1860) 22 . Power to make rules.- (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the procedure to be followed by the competent authority in making inquires under section 3 or section 6; (b) the procedure to be followed in arbitration proceedings and appeals under this Act; (c) the principles to be followed in determining the amount of compensation and method of payment of such compensation; (d) the principles to be followed in apportioning the cost or proceedings before the arbitrator and on appeal under this Act; (e) the manner of service of notices and orders; (f) any other matter which has to be, or may be, prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session,.....

Code of Civil Procedure, 1908 Rule 82 to 96

Title: Sale of Immovable Property

State: Central

Year: 1908

.....publishing or conducting it. (2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud. (3) No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up. Explanation.--The mere absence of, or defect in, attachment of the property sold shall not, by itself, be a ground for setting aside a sale under this rule.] 91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest The purchaser at any such sale in execution of a decree may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold. 92. Sale when to become absolute or be set aside (1) Where no application is made under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become.....

Income Tax Act, 1961 Section 269UD

Title: Order by Appropriate Authority for Purchase by Central Government of Immovable Property

State: Central

Year: 1961

(1) Subject to the provisions of sub-sections (1A) and (1B), the appropriate authority, after the receipt of the statement under sub-section (3) of section 269UC in respect of any immovable property, may, notwithstanding anything contained in any other law or any instrument or any agreement for the time being in force make an order for the purchase by the Central Government of such immovable property at an amount equal to the amount of apparent consideration : Provided that no such order shall be made in respect of any immovable property after the expiration of a period of two months from the end of the month in which the statement referred to in section 269UC in respect of such property is received by the appropriate authority: Provided further that where the statement referred to in section 269UC in respect of any immovable property is received by the appropriate authority on or after the 1st day of June, 1993, the provisions of the first proviso shall have effect as if for the words two months, the words three months had been substituted : Provided also that the period of limitation referred to in the second proviso shall be reckoned, where any defect as referred to in.....

Cantonments Act, 1924 Section 94A

Title: Attachment and Sale of Immovable Property

State: Central

Year: 1924

.....unless the amount of tax due with all costs of recovery is paid in the office of the Board within fifteen days from the date of attachment. (2) An order under sub-section (1) shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the holder shall be fixed on a conspicuous part of the property and upon a conspicuous part of the office of the Board and also, when the property is land paying revenue to the Government, in the office of the Collector. (3) Any transfer of or charge on the property attached or any interest thereon made without the written permission of the Executive Officer shall be void as against all claims of the Board enforceable under the attachment. (4) Where the sum due to the Board together with the cost incurred by the Board in the sale of the property, and a sum equal to five per cent of the purchase money for payment to the purchaser is paid by the defaulter, before the confirmation of the sale under sub-section (5), the attachment, if any, of the immovable property shall be deemed to have been removed. (5) After the sale of the property by auction as aforesaid, it shall be confirmed in.....