Intermeddle - Bare Acts

Indian Succession Act, 1925 Part 9

Title: Probate, Letters of Administration and Administration of Assets of Deceased

State: Central

Year: 1925

.....or suggestion, or by concealing from the Court something material to the case; or (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or (d) the grant has become useless and inoperative through circumstances; or (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The Will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has been taken administration to the estate of B as if he had died intestate, but a Will has since been discovered. (vi) Since probate was granted, a latter Will has been.....

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Indian Succession Act, 1925 Chapter 5

Title: Of Executors of their Own Wrong

State: Central

Year: 1925

.....payment of the debts of the deceased. He is an executor of his own wrong. (ii) A, having been appointed agent by the deceased in his lifetime to collect his debts and sell his goods, continues to do so after he has become aware of his death. He is an executor or his own wrong in repect of acts done after he has become aware of the death of the deceased. (iii) A sues as executor of the deceased, not being such. He is an executor of his own wrong. Section 304 - Liability of executor of his own wrong When a person has so acted as to become an executor of his own wrong, he is answerable to the rightful executor or administrator, or to any creditor or legatee of the deceased, to the extent of the assets which may have come to his hands after deducting payments made to the rightful executor or administrator, and payments made in due course of administration.

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Indian Succession Act, 1925 Section 303

Title: Executor of His Own Wrong

State: Central

Year: 1925

A person who intermeddles with the estate of the deceased, or does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong. Exceptions. (1) Intermeddling with the goods of the deceased for the purpose of preserving them or providing for his funeral or for the immediate necessities of his family or property, does not make an executor of his own wrong. (2) Dealing in the ordinary course of business with goods of the deceased received from another does not make an executor of his own wrong. Illustrations (i) A uses or gives away or sells some of the goods of the deceased, or takes them to satisfy his own debt or legacy or receives payment of the debts of the deceased. He is an executor of his own wrong. (ii) A, having been appointed agent by the deceased in his lifetime to collect his debts and sell his goods, continues to do so after he has become aware of his death. He is an executor or his own wrong in repect of acts done after he has become aware of the death of the deceased. (iii) A sues as executor of the deceased, not being such. He is an executor.....

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Estate Duty Act, 1953 [Repealed] Section 2

Title: Definitions

State: Central

Year: 1953

.....power to determine the disposition of property of which the person invested with the power is not the owner; (14) "prescribed" means prescribed by rules made under this Act. (15) "property" includes any interest in property, movable or immovable the proceeds of sale thereof and any money or investment for the time being representing the proceeds of sale and also includes any property converted from one species into another by any method; Explanation1.- The creation by a person or with his consent of a debt or other right enforceable against him personally or against property which he was or might become competent to dispose of or to charge or burden for his own benefit, shall be deemed to have been a disposition made by that person, and in relation to such a disposition the expression " property" shall include the debt or right created. Explanation 2.- The extinguishment at the expense of the deceased of a debt or other right shall be deemed to have been a disposition made by the deceased in favour of the person for whose benefit the debt or right was extinguished, and in relation to such a disposition the expression "property" shall include the benefit conferred by th.....

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Code of Civil Procedure, 1908 Section 2

Title: Definitions

State: Central

Year: 1908

.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge of dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience ; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the.....

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Arbitration Act, 1940 [Repealed] Chapter I

Title: Introductory

State: Central

Year: 1940

.....Reg. 6 of 1963. SECTION 2 and Schedule I; to Lakshadweep, vide Reg. 8 of 1965, SECTION 3 and Schedule; to Goa, Daman and Diu by Act 30 of 1965; to Pondicherry, vide Act 26 of 1968, SECTION 3 and Schedule. Section 2 - Definitions In this Act, unless there is anything repugnant in the subject or context, (a) "arbitration agreement" means a written agreement to submit present future differences to arbitration, whether an arbitrator is named therein or not ; (b) "award" means an arbitration award; (c) "Court" means a Civil Court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of a suit, but does not, except for the purpose of arbitration proceedings under section 21, include a Small Cause Court; (d) "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting ; (e) "reference" means a reference to arbitration.

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Arbitration Act, 1940 [Repealed] Section 2

Title: Definitions

State: Central

Year: 1940

In this Act, unless there is anything repugnant in the subject or context, (a) "arbitration agreement" means a written agreement to submit present future differences to arbitration, whether an arbitrator is named therein or not ; (b) "award" means an arbitration award; (c) "Court" means a Civil Court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of a suit, but does not, except for the purpose of arbitration proceedings under section 21, include a Small Cause Court; (d) "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased, and, where a party acts in a representative character, the person on whom the estate devolves on the death of the party so acting ; (e) "reference" means a reference to arbitration.

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Arbitration and Conciliation Act, 1996 Part 1

Title: Arbitration

State: Central

Year: 1996

.....determine that issue. (7) An arbitral award made under this Part shall be considered domestic award. (8) Where this Part. (a) refers to the fact that the parties have agreed or that they may agree, or (b) in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement. (9) Where this Part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32, refers to a claim, it shall also apply to a counter-claim, and where it refers to a defence, it shall also apply to a defence to that counter-claim. Section 3 - Receipt of written communications. (1) Unless otherwise agreed by the parties, (a) any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and (b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or by any other means.....

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Arbitration and Conciliation Act, 1996 Chapter 1

Title: General Provisions

State: Central

Year: 1996

.....determine that issue. (7) An arbitral award made under this Part shall be considered domestic award. (8) Where this Part. (a) refers to the fact that the parties have agreed or that they may agree, or (b) in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement. (9) Where this Part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32, refers to a claim, it shall also apply to a counter-claim, and where it refers to a defence, it shall also apply to a defence to that counter-claim. Section 3 - Receipt of written communications. (1) Unless otherwise agreed by the parties, (a) any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual residence or mailing address, and (b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or by any other means.....

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Arbitration and Conciliation Act, 1996 Section 2

Title: Definitions

State: Central

Year: 1996

.....this Part shall apply to all arbitrations and to all proceedings relating thereto. (6) Where this Part, except section 28, leaves the parties free to determine a certain issue, that freedom shall include the right of the parties to authorise any person including an institution, to determine that issue. (7) An arbitral award made under this Part shall be considered domestic award. (8) Where this Part. (a) refers to the fact that the parties have agreed or that they may agree, or (b) in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement. (9) Where this Part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32, refers to a claim, it shall also apply to a counter-claim, and where it refers to a defence, it shall also apply to a defence to that counter-claim.

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