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Fatal Accidents Act, 1855 Complete Act

Title: Fatal Accidents Act, 1855

State: Central

Year: 1855

Preamble1 - FATAL ACCIDENTS, 1855 Section1 - Short title and extent Section1A - Suit for compensation to the family of a person for loss occasioned to it by his death by actionable wrong Section2 - Not more than one suit to be brought Section3 - Plaintiff shall deliver particulars, etc. Section4 - Interpretation clause

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 Section 55

Title: Rights and Liabilities of Buyer and Seller

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.....

The Transfer of Property Act, 1882 Complete Act

State: Central

Year: 1882

.....for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;] 17 ["a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation 1. "Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:] Provided that " (1) the instrument has been registered and its registration.....

Fatal Accidents Act, 1855 Preamble 1

Title: Fatal Accidents, 1855

State: Central

Year: 1855

THE FATAL ACCIDENTS, 1855 [Act, No. 13 of 1855]1 [27th March, 1855] PRAEMBLE An Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong. Whereas no action or suit is now maintainable in any court against a person who, by his wrongful act, neglect, or default, may have caused the death of another person, and it is often-times right and expedient that the wrong-doer in such case should be answerable in damages for the injury so caused by him; It is enacted as follows:-- ________________________ 1. This Act has been extended to Pondicherry by Act 26 of 1968.

Fatal Accidents Act, 1855 Complete Act

State: Central

Year: 1855

.....excluded by the context or by the nature of the subject-matter; that is to say,6[* * *] the word "person" shall apply to bodies politic and corporate; and the word "parent" shall include father and mother, grand-father and grand- mother; and the word "child" shall include son and daughter, and grand-son and grand-daughter, and step-son and step-daughter. Footnotes: 2. Inserted by the Part B Stales (Laws) Act, 1951. 3. Section I renumbered as section 1A Act, 1951 . 4. The words 'And it is enacted further that" omitted by the Repealing and Amending Act, 1914. 5. The words "and that every such action shall be brought within twelve calendar months after the death of such deceased person" omitted by the Indian Limitation Act, 1871. For limitation, see now the Indian Limitation Act, 1908 (9 of 1908). 6. Certain words omitted by the Repealing and Amending Act, 1914. Central Bare Acts

Fatal Accidents Act, 1855 Section 1

Title: Short Title and Extent

State: Central

Year: 1855

1[1. Short title and extent.-- ( 1) This Act may be called the Fatal Accidents Act, 1855. (2) It extends to the whole of India except the State of Jammu and Kashmir.] ________________________ 1 . Inserted by the Part B States (Laws) Act, 1951 (3 of 1951) section 3 and Schedule

Fatal Accidents Act, 1855 Section 1A

Title: Suit for Compensation to the Family of a Person for Loss Occasioned to It by His Death by Actionable Wrong

State: Central

Year: 1855

.....administrator or representative of the person deceased; and in every such action, the court may give such damages as it may think proportioned to the loss resulting from such death to the parties respectively, for whom and for whose benefit such action shall be brought, and the amount so recovered, after deducting all costs and expenses, including the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties, or any of them, in such shares as the court by its judgment or decree shall direct. _______________________ 1. Original section 1 renumbered as section 1A by Act 3 of 1951, section 3 and Schedule 2. The words "And it is enacted further, that" repealed by Act 10 of 1914, Schedule II.

Fatal Accidents Act, 1855 Section 2

Title: Not More Than One Suit to Be Brought

State: Central

Year: 1855

Provided always that not more than one action or suit shall be brought for, and in respect of the same subject-matter of complaint1[* * * * *] Claim for loss to the estate may be added. -- Provided that in any such action or suit the executor, administrator or representative of the deceased may insert a claim for. and recover any pecuniary loss to the estate of the deceased occasioned by such wrongful act, neglect or default, which sum, when recovered, shall be deemed part of the assets of the estate of the deceased. ________________________ 1. The words "and that every such action shall be brought within twelve calendar months after the death of such deceased person", repealed by Act 9 of 1871. For limitation, now the Limitation Act, 1963 (36 of 1963).

Fatal Accidents Act, 1855 Section 3

Title: Plaintiff Shall Deliver Particulars, Etc.

State: Central

Year: 1855

The plaint in any such action or suit shall give a full particular of the-person or persons for whom, or on whose behalf, such action or suit shall be brought, and of the nature of the claim in respect of which damages shall be sought to be recovered.