Bare Act Search Results

Bills of Exchange Act, 1882 Complete Act

State: Central

Year: 1882

.....must be filled up within a reasonable time and, strictly in accordance with the authority given. Reasonable time, for this purpose, is a question of fact: Provided that if any such instrument after completion is negotiated to a holder in due course, it shall be valid and effectual for all purposes in his hands and he may enforce it as if it had been filled up within a reasonable time and strictly in accordance with the authority given. SECTION 21: DELIVERY (1) Every contract on a bill, whether it be the drawer's, the acceptor's, or an indoeser's, is incomplete and revocable until delivery of the instrument in order to give effect thereto : Provided that where an acceptance is written on a bill, and the drawee gives notice to or according to the directions of the persons entitled to the bill that he has accepted it, the acceptance then becomes complete and irrevocable. (2) As between immediate parties, and as regards a remote party other than a holder in due course, the delivery- (a) in order to be effectual must be made either by or under the authority of the party drawing, accepting or indorsing, as the case may be; (b) may be shown to have been conditional or for a.....

Hire-purchase Act, 1972 [Repealed] Section 6

Title: Warranties and Conditions to Be Implied in Hire-purchase Agreements

State: Central

Year: 1972

.....and if the goods are let tinder the agreement by reference to a sample as well as by description, it shall not be sufficient mat the bulk of the goods correspond with the sample if the goods do not also correspond with the description. (6) An owner shall not be entitled to rely on any provision in a hire-purchase agreement excluding or modifying the condition set out in sub-section (3) unless he proves that before the agreement was made the provision was brought to the notice of the hirer and its effect made clear to him. (7) Nothing in this section shall prejudice the operation of any other enactment or rule of iaw whereby any condition or warranty is to be implied in any hire-purchase agreement.

Marine Insurance Act, 1963 Section 62

Title: Notice of Abandonment

State: Central

Year: 1963

.....diligence after the receipt of reliable information of the loss, but where the information is of a doubtful character the assured is entitled to a reasonable time to make enquiry. (4) Where notice of abandonment is properly given, the rights of the assured are not prejudiced by the fact that the insurer refuses to accept the abandonment. (5) The acceptance of an abandonment may be either express or implied from the conduct of the insurer. The mere silence of the insurer after notice is not aft acceptance. (6) Where notice of abandonment is accepted the abandonment is irrevocable. The acceptance of the notice conclusively admits liability for the loss and the sufficiency of the notice. (7) Notice of abandonment is unnecessary where at the time when the assured receives information of the loss, there would be no possibility of benefit of the insurer if notice were given to him. (8) Notice of abandonment may be waived by the insurer. (9) When an insurer has reinsured his risk, no notice of abandonment need be given by him.

Sale of Goods Act, 1930 Section 16

Title: Implied Conditions as to Quality or Fitness

State: Central

Year: 1930

.....are required, soas to showthat the buyer relies on the seller's skill or judgment, and the goods are of adescription which it is in the course of the seller's business to supply (whetherhe is the manufacturer or producer or not), there is an implied condition thatthe goods shallbe reasonably fit for such purpose: Providedthat, in the case of a contract for the sale of a specified article under itspatent or othertrade name, there is no implied condition as to its fitness for any particularpurpose. (2) Where goods are bought by description from aseller who deals in goods of that description (whether he is the manufactureror producer or not), there is an implied condition that the goodsshall be ofmerchantable quality: Providedthat, if the buyer has examined the goods, there shall be no implied condition as regards defectswhich such examination ought to have revealed. (3) An implied warranty or condition as to quality orfitness for a particular purpose may be annexed by the usage of trade. (4) An express warranty or condition does notnegative a warranty or condition implied by this Act unless inconsistenttherewith.

Transfer of Property Act, 1882 Section 113

Title: Waiver Notice to Quit

State: Central

Year: 1882

A notice given under section 111, clause (h) is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting. Illustrations (a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived. (b) A, the lessor, gives B, the lessee; notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.

Unit Trust of India Act, 1963 (52 of 1963) Section 39

Title: No Trust to Be Taken Notice of

State: Central

Year: 1963

1[39. No Trust to be taken notice of Except to the extent provided in, and except in accordance with the regulations made under this Act, no notice of a trust, express, implied or constructive, shall be receivable by the Trust. ' ______________________ 1. Substituted by Act 16 of 1975, Section 7 (w.e.f. 7th January, 1975).

Indian Contract Act, 1872 Section 197

Title: Ratification May Be Expressed or Implied

State: Central

Year: 1872

Ratification may be expressed or may be implied in the conduct of the person on whose behalf the acts are done. Illustration (a) A, without authority, buys goods for B. Afterwards B sells them to C on his own account; B's conduct implies a ratification of the purchase made for him by A. (b) A, without B's authority, lends B's money to C. Afterwards B accepts interest on the money from C. B's conduct implies a ratification of the loan.

Sale of Goods Act, 1930 Section 14

Title: Implied Undertaking as to Title, Etc.

State: Central

Year: 1930

In a contract of sale, unless the circumstances of the contract are such as to show a different intention there is-- (a) an implied condition on the part of the seller that, in the case of a sale, he has a right to sell the goods and that, in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass; (b) an implied warranty that the buyer shall have and enjoy quiet possession of the goods; (c) an implied warranty that the goods shall be free from any charge or encumbrance in favour of any third party not declared or known to the buyer before or at the time when the contract is made.

Designs Act, 2000 Section 25

Title: Provisions as to Registers and Other Documents in the Patent Office : Notice of Trust Not to Be Entered in Registers

State: Central

Year: 2000

There shall not be entered in any register kept under this Act, or be receivable by the Controller, any notice of any trust expressed, implied or constructive.

Merchant Shipping Act, 1958 Section 70

Title: Notice of Trust Not Received

State: Central

Year: 1958

No notice of any trust, express, implied or constructive, shall be entered in the register book or be receivable by the registrar, and subject to any rights and powers appearing by the register book to be vested in any other person, the registered owner of a ship or of a share therein shall have power to dispose of the ship or share in the manner provided in this Act and to give effectual receipts for any money paid or advanced by way of consideration.