Bare Act Search Results

The Orissa Tenancy Act, 1913 Complete Act

State: Orissa

Year: 1913

.....the landlord has not given his consent, to the transfer. (2) The holding or a portion or a share thereof shall not be liable to be sold in satisfaction of the decree for arrears of rent without making the said transferee a party to the proceedings in execution of the decree; provided that the transferee has given notice of transfer by registered post to the landlord. Explanation - Notwithstanding anything contained in this Act or in the Code of Civil Procedure, in the case of a transfer of a holding or a portion or a share thereof, whether before or after the decree may be brought on record in the proceedings in execution either in substitution of or in addition to the judgment-debtor, and such transferee shall, when so added or substituted, be treated as a judgment-debtor for all purposes of the said proceedings in execution of the decree. Section 32 - Presumption as to fair and equitable rent The rent for the time being payable by an occupancy raiyat shall be presumed to be fair and equitable until the contrary is proved. Section 33 - Restriction on enhancement of money rents Where an occupancy raiyat pays his rent in money, his rent shall not be enhanced, except.....

The Madras Estates Land Act, 1908 Complete Act

State: Kerala

Year: 1908

.....of abatement the deduction from the rent shall be proportionate to the diminution in the total yearly produce of the holding or in default of satisfactory proof thereof, the deduction shall be proportionate to the diminution in the area of the holding. (6) An addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act. Section 45 - xxx (Omitted by Act 8/1934.) [Omitted Section 46 - xxx (Omitted by Act 8/1934.) [Omitted Section 47 - XXX (Omitted by Act 8/1934.) [Omitted Section 48 - xxx (Omitted by Act 8/1934.) [Omitted Section 49 - xxx (Omitted by Act 8/1934.) [Omitted Chapter IV - PATTAS AND MUCHILIKAS (Omitted by Act 8/1934.) [Omitted Section 50 - Application of chapter IV to all ryots (1) The provisions of this chapter shall apply to all ryots. (2) Right of ryot and land holder to obtained patta and muchilika.- Every ryot shall be entitled to call upon his landholder to grant him a patta for any current revenue year and every landholder shall be entitled to call upon his ryot to give him a muchilika for any current revenue year in exchange for a patta. (3) The.....

The Punjab Minor Canals Act, 1905 Complete Act

State: Punjab

Year: 1905

.....convenience of the neighbouring lands, shall be constructed by the applicant, and be maintained by him or his representative in interest to the satisfaction of the Collector. Second" Land occupied for a water-course under the provisions of section 17 shall be used only for the purposes of such water-course. Third" The proposed water-course shall be completed to the satisfaction of the Collector within one year after the applicant is placed in occupation of the land. (b) In cases in which land is occupied or a water-course is transferred, on the terms of a rent-charge. Fourth" The applicant or his representative in interest shall, so long as he occupies such land or water-course, pay rent for the same at such rate and on such days as are determined by the Collector when the applicant is placed in occupation. Fifth" If the right to occupy the land ceases owing to a breach of any of these rules, the liability to pay the said rents shall continue until the applicant or his representative in interest has restored the land to its original condition, or until he has paid, by way of compensation for any injury done to the said land, such amount and to such person as the Collector.....

Manipur Municipalities Act, 1994 Chapter VIII

Title: Municipal Taxation

State: Central

Year: 1994

.....rupees. Section 82 - Determination of annual value of holding "Annual value" means-- (a) in the case of hotels, colleges, schools, hospitals, factories and such other buildings, a proportion not exceeding five per centum, to be fixed by rule made in this behalf of the sum obtained by adding the estimated present cost of erecting the building, less depreciation at the rate to be fixed by rule to the estimated value of the land appurtenant thereto, and (b) in the case of a building or land not falling within the provisions of clause (a), the gross annual rent for which such buildings, exclusive of furniture or machinery therein or such land is actually let, or where the building or land is not let or in the opinion of the municipality is let for a sum less than its fair letting value, might reasonably be expected to let from year to year: Provided that where the annual value of any building would, by reason of exceptional circumstances, in the opinion of the municipality be excessive if calculated in the aforesaid manner, the municipality may fix the annual, value at any less amount which appears to it suitable: Provided further that the rules framed in this behalf.....

Manipur Municipalities Act, 1994 Section 89

Title: Appointment of Assessor and Power of State Government to Direct the Appointment of Assessor

State: Central

Year: 1994

(1) The municipality, for the purpose of general valuation may, with the concurrence of the Government, appoint an assessor who shall neither be an employee nor a Councillor of the municipality on such pay and with such establishment as it may determine. (2) Notwithstanding anything contained in section 88 if at any time it appears to the State Government that the valuation in any municipality is insufficient, excessive or inequitable, the State Government may, by an order in writing, require the municipality to revise the valuation or to show cause against revision within a specified time, and if the municipality fails to comply with the order or in the opinion of the Government the cause shown is inadequate, the State Government may by an order in writing require the municipality to appoint with the approval of the State Government an assessor for the municipality within a time and for a period to be specified in the order. The order shall fix the pay of the assessor and the cost of his establishment, and the pay and cost shall be paid monthly by the municipality.

Insurance Act, 1938 (4 of 1938) Part II

Title: Provisions Applicable to Insurers

State: Central

Year: 1938

.....be made under the foregoing provisions of this section before the application for registration is made whether any such application is or is not in fact made.] (8) A deposit made in cash shall be held by the Reserve Bank of India to the credit of the insurer and shall 21 [except to the extent, if any, to which the cash has been invested in securities under sub-section (9A)] be returnable to the insurer in cash in any case in which under the provisions of this Act a deposit is to be returned; and any interest accruing due and collected on securities deposited under sub-section (1) or sub-section (2) shall be paid to the insurer, subject only to deduction of the normal commission chargeable for the realization of interest. 22 [(9) The insurer may at any time replace any securities deposited by him under this section with the Reserve Bank of India either by cash or by other approved securities or partly by cash and partly by other approved securities, provided that such cash, or the value of such other approved securities estimated at the market rates prevailing at the time of replacement, or such cash together with such value, as the case may be, is not less than the value of.....

Insurance Act, 1938 (4 of 1938) Section 56

Title: Application of Surplus Assets of Life Insurance Fund in Liquidation or Insolvency

State: Central

Year: 1938

.....of a branch only of the life insurance business in question has been allocated to policy-holders, the value of the assets and liabilities of the insurer in respect of that branch shall be separately ascertained in like manner as the value of his assets and liabilities in respect of the life insurance business was ascertained, and the surplus so found, if any, of assets over liabilities shall, for the purpose of determining the amount to be added to the liabilities of the insurer in respect of the life insurance business be deemed to be the prima facie surplus. ______________________ 1. Substituted by the Companies (Second Amendment) Act, 2002, section 133 and Schedule, for "Court".

Specific Relief Act 1963 Part II

Title: Specific Relief

State: Central

Year: 1963

.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

Specific Relief Act 1963 Chapter II

Title: Specific Performance of Contracts

State: Central

Year: 1963

.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

Specific Relief Act 1963 Section 20

Title: Discretion as to Decreeing Specific Performance

State: Central

Year: 1963

.....under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance. Explanation 1.--Mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b). Explanation 2.--The question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract. (3) The court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance. (4) The court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party.