Bare Act Search Results

Indian Easements Act, 1882 Chapter 5

Title: The Extinction, Suspension and Revival of Easements

State: Central

Year: 1882

.....to B, and lawfully imposes an easement on the land in favour of C in accordance with the provisions of section 10. The land is sold to D in satisfaction of the mortgage-debt. The easement is not thereby extinguished. Section 38 - Extinction by release An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage. An easement may be released as to part only of the servient heritage. Explanation I.--An easement is impliedly released-- (a) where the dominant owner expressly authorises an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority; (b) where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. Explanation II.--Mere non-user of an easement is not an implied release within the meaning of this section. Illustrations .....

Indian Easements Act, 1882 Section 38

Title: Extinction by Release

State: Central

Year: 1882

.....nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority; (b) where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. Explanation II.--Mere non-user of an easement is not an implied release within the meaning of this section. Illustrations (a) A, B and C are co-owners of a house to which an easement is annexed. A, without the consent of B and C, releases the easement. This release is effectual only as against A and his legal representative. (b) A grants Ban easement over A's land for the beneficial enjoyment of his house, B assigns the house to C, B then purports to release the easement. The release is ineffectual. (c) A, having the light to discharge his eavesdroppings into B's yard, expressly authorises B to build over this yard to a height which will interfere with the discharge. B builds accordingly. A's easement is extinguished to the extent of the interference. (d) A, having an easement of light to a window, builds up.....

Indian Easements Act, 1882 Chapter 6

Title: Licenses

State: Central

Year: 1882

.....licence is granted for a specified purpose and the purpose is attained or abandoned, or becomes impracticable; (g) where the licence is granted to the licensee as holding a particular office, employment or character, and such office,employment or character ceases to exist; (h) where the licence totally ceases to be used as such for an unbroken period of twenty years, and such cessation is not inpursuance of a contract between the grantor and the licensee; (i) in the case of an accessory licence, when Ihe interest or right to which it is accessory to exist. Section 63 - Licensee's rights on revocation Where a licence is revoked, the licensee is entitled to a reasonable time to leave the property affected thereby and to remove any goods which he has been allowed to place on such property. Section 64 - Licensee's rights on eviction Where a licence has been granted for a con­sideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the licence, the right for which he contracted, he is entitled to recover compensation from the grantor.

Indian Easements Act, 1882 Section 54

Title: Grant May Be Expressed or Implied

State: Central

Year: 1882

The grant of a licence may be expressed or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a licence.

Sale of Goods Act, 1930 Chapter IV

Title: Performance of the Contract

State: Central

Year: 1930

.....to be delivered at the place at which they are at the time of the agreement to sell or if not then in existence, at the place at which they are manufactured or produced. (2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller. Section 37 - Delivery of wrong quantity (1) Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods.....

Sale of Goods Act, 1930 Section 36

Title: Rules as to Delivery

State: Central

Year: 1930

.....delivered at the place at which they are at the time of the sale, and goods agreed to be sold are to be delivered at the place at which they are at the time of the agreement to sell or if not then in existence, at the place at which they are manufactured or produced. (2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time. (3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods. (4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour. What is a reasonable hour is a question of fact. (5) Unless otherwise agreed, the expenses of and incidental to putting the goods into a deliverable state shall be borne by the seller.

Bombay Evacuee Interest (Separation) Validating and Supplementary Act, 1953, (Maharashtra) Section 2

Title: Supplementing and Validating of Certain Provisions of Act Lxii of 1951

State: Maharashtra

Year: 1953

(a) The provisions of the Evacuee Interest (Separation) Act, 1951, shall in so far as they relate to any of the matters enumerated in List II in the Seventh Schedule to the Constitution be deemed to be and always to have been valid and effectual for all purposes as if they had been in relation to any such matters as aforesaid enacted by the State Legislature with effect from the 15th day of December, 1952; and (b) any order made or action taken by any competent authority or anything duly done under the said Act on and after the aforesaid date in so far as such order, action or thing relates to any such matters as aforesaid shall not be called in question on the ground that the order, action or thing is invalid and ineffectual by reason of the incompetence of Parliament to make laws relating to any of the aforesaid matters.

Cotton Transport Act, 1923 Complete Act

State: Central

Year: 1923

.....: This Act has been extended to the States merged in the following States: Bombay (now Maharashtra and Gujarat) : See Bombay Merged States (Laws) Act, 1950 (Bom. Act 4 of 1950), S. Sand Sch. II (30-3-1950). Madhya Pradesh: See Madhya Pradesh Merged States Laws (State) Act, 1950(M. P. Act 12 of 1950), S. 3 and Sch. II (3-4-1950). Punjab: See Punjab Merged States (Laws) Act, 1950 (Punj. Act 5 of 1950), S. 3 and Sch. 11(15-4-1950). Punjab is now divided into the States of Haryana and Punjab and the Union Territory of Chandigarh. Some part of Punjab has been transferred to the Union Territory of Himachal Pradesh as well. Himachal Pradesh is now a State- See State of Himachal Pradesh Act (53 of 1970), S. 4 (25-1-71)- See Act 31 of 1966. Tamil Nadu : See Madras Merged States (Laws) Act, 1949 (Mad. Act 35 of 1949), S. 3 and Sch. 1 (1-1-1950). The Act has been extended also to the absorbed areas of Shahda, Nandurbar and Taloda Talukas of the West Khandesh District and Dohad Taluka and the Jhalod Mahal of the Panch Mahal District in the State of Bombay: See the Absorbed Areas (Laws) Act, 1954 (20 of 1954), S. 3 and Sch. II (30-4-1954). Bombay State now stands divided into two States,.....

Lunacy Act, 1912 Complete Act

State: Central

Year: 1912

.....CASE OF A EUROPEAN LUNATIC SOLDIER, SAILOR OR AIRMAN. When any European who is subject to the provisions of the 21Army Act,22[the Naval Discipline Act or that Act as modified by the Indian Navy (Discipline) Act, 1934],23[the Air Force Act or the5Indian Air Force Act, 1932] has been declared a lunatic in accordance with the provisions of the military,22[naval]24[or air force] regulations in force for the time being, and it appears to any administrative medical officer that he should be removed to an asylum, such administrative medical officer may, if he thinks fit, make a reception order under his hand for the admission of the said lunatic into any asylum which has been duly authorised20for the purpose by the Central Government. SECTION 13: POWER AND DUTIES OF POLICE IN RESPECT OF WANDERING OR DANGEROUS LUNATICS AND LUNATICS CRUELLY TREATED OF NOT UNDER PROPER CARE AND CONTROL (1) Every officer in charge of a police-station may arrest or cause to be arrested all persons found wandering at large within the limits of his station whom he has reason to believe to be lunatics, and shall arrest or cause to be arrested all persons within the limits of his station whom he has reason to.....

Sale of Goods Act, 1930 Complete Act

State: Central

Year: 1930

.....identified and agreed upon at the time a contract of sale is made; and (15) expressions used but not defined in this Act and defined in the Contract Act, 1872, have the meanings assigned to them in that Act. Section 3 Application of provisions of Act 9 of 1872 The unrepealed provisions of the Contract Act, 1872, save insofar as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts for the sale of goods. CHAPTER 2 FORMATION OF THE CONTRACT Section 4 Sale and agreement to sell (1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another. (2) A contract of sale may be absolute or conditional. (3) Where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell. (4) An agreement to sell becomes a sale when the time elapses or.....