Bare Act Search Results

Requisitioning and Acquisition of Immovable Property Act, 1952 Complete Act

State: Central

Year: 1952

.....from the date of revocation of the Proclamation of Emergency be deemed to be property requisitioned under the 1952 Act. In other words, though in fact the requisitioning of these properties was made under the Defence of India Act, it shall be deemed to have been made under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952and all the provisions of the latter Act shall apply accordingly. 2. Opportunity is taken to omit clause (b) of sub-section (3) of section 3as the same has been struck down by the Supreme Court as violative of Article 31 (2)of the Constitution. 3. The Bill seeks to achieve the above objects, S.O.R. -Gaz. of Ind., 10-5- 1968, Pt. II, section 2, Ext., p. 704. V Amending Act I of 1970.- The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939which came to an end on the 30th September, 1946. It was, however, found necessary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947that any property which had been requisitioned under the.....

Requisitioning and Acquisition of Immc Vable Property Act, 1952 Section 6

Title: Release from Requisitioning

State: Central

Year: 1952

.....of the requisition or to the successors-in-interest of such person. (3) The delivery of possession of the property to the person specified in an order under subsection (2) shall be a full discharge of the Central Government from all liability in respect of the property, but shall not prejudice any rights in respect of the property which any other person may be entitled by due process of law to enforce against the person to whom possession of the property is given. (4) Where any person to whom possession of any requisitioned property is to be given is not found and has no agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice declaring that the property is released from requisition to be affixed on some conspicuous part of the property and shall also publish the notice in the Official Gazette. (5) When a notice referred to in sub-section (4) is published in the Official Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof and the Central Government shall.....

Transfer of Property Act, 1882 Chapter V

Title: Of Leases of Immoveable Property

State: Central

Year: 1882

.....or local usage (1)In the absence of a contract or local law or usage to the contrary, a lease ofimmovable property for agricultural or manufacturing purposes shall be deemed tobe a lease from year to year, terminable, on the part of either lessor orlessee, by six months' notice; and a lease of immovable property for any otherpurpose shall be deemed to be a lease from month to month, terminable, on thepart of either lessor or lessee, by fifteen days' notice. (2)Notwithstanding anything contained in any other law for the time being in force,the period mentioned in sub-section (1) shall commence from the date of receiptof notice. (3)A notice under sub-section (1) shall not be deemed to be invalid merely becausethe period mentioned therein falls short of the period specified under thatsub-section, where a suit or proceeding is filed after the expiry of the periodmentioned in that sub-section. (4)Every notice under sub-section (1) must be in writing, signed by or on behalf ofthe person giving it, and either be sent by post to the party who is intended tobe bound by it or be tendered or delivered personally to such party, or to oneof his family or servants at his.....

Transfer of Property Act, 1882 Section 108

Title: Rights and Liabilities of Lessor and Lessee

State: Central

Year: 1882

.....the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee; (k) the lessee is bound to disclose to the lessor any fact as to the nature or extent of the interest which the lessee is about to take of which the lessee is and the lessor is not, aware, and which materially increases the value of such interest; (l) the lessee is bound to pay or tender, at the proper time and place, the premium or rent to the lessor or his agent in this behalf; (m) the lessee is bound to keep, and on the termination of the lease to restore, the property in as good condition as it was in at the time when he was put in possession, subject only to the changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and his agents, at all reasonable times during the term, to enter upon the property and inspect the condition thereof and give or leave notice of any defect in such condition; and, when such defect has been caused by any act or default on the part of the lessee, his servants or agents, he is bound to make it good within three months after such notice has been given or left; (n) if the lessee becomes aware of any proceeding to.....

The Epidemic Diseases Act, 1897 Complete Act

State: Central

Year: 1897

.....the period of such requisition shall not ordinarily extend beyond the period for which the vehicle is required for the purpose mentioned in the sub-section. SECTION 02C: PRINCIPLES AND METHOD OF DETERMINING COMPENSATION (1) Where any vehicle is requisitioned under this Act. there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out that is to say.. (a) where the amount of compensation can he fixed by agreement it shall he paid in accordance with such agreement (b) where no such agreement can be reached, the State Government shall appoint an officer not below the rank of an Additional District Judge as arbitrator: (c) the State Government may many particular case nominate a person having expert knowledge us to the nature of the vehicle requisitioned, to assist the arbitrator, and where such nomination is made the person : to be compensated may also nominate an assessor for, the said purpose:, .. (d) at the commencement of the proceeding before the arbitrator the State Government and the person to be compensated shall State what in their respective opinion is a fair amount of compensation. (e).....

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.....

Assam Land (Requisition and Acquisition) Act, 1964 Complete Act

State: Assam

Year: 1964

.....v. Deputy Collector [AIR 1980 SC 1870], it was ruled that an assessment of the compensation payable for acquired must take into account several factors, including the nature of the land, its present use and its capacity for a higher potential, its precise location in relation to adjoining land, that use to which neighbouring land has been put and the impact of such use on the land acquired and so on. In Deep Chand v. The State [AIR 1980 Sc 633], it was observed that the locality or vicinity is not always measurable in terms of feet or furlongs, and reasonable time is not always measurable in terms of days or months. In Mrs. Khoshed Shappor Chertai v. Assistant Collector [AIR 1980 SC 775] it was held that it is the duly of a Court to give the owners as nearly as possible the market value and failure to do so would result in unjust enrichment of the acquire on the one hand and unjust deprivation of the owner on the other which would be unethical and illegal at the same time. Such various decisions were considered in Rabindra Dhar Barua v. Collector of Kamrup [(1981) 1 GLR 200]. When notices under Ss. 4,6 and 9 of the Act have been issued and the land in question has been.....

The Kerala Cashew Factories (Requisitioning) Act, 1979 1 Complete Act

State: Kerala

Year: 1979

THE KERALA CASHEW FACTORIES (REQUISITIONING) ACT, 1979 1 THE KERALA CASHEW FACTORIES (REQUISITIONING) ACT, 1979 1 (Act 6 of 1979) An Act to provide for the requisitioning of cashew factories leased out to the Kerala State Cashew Development Coprporation. Preamble .-WHEREAS certain cashew factories had been leased out by the owners thereof to the Kerala State Cashew Development Corporation Limited, which is a company owned by the Government of Kerala; AND WHEREAS such cashew factories were at the time of the lease either closed down or run by person other than the owners thereof: AND WHEREAS the term of the lease in respect of some of such cashew factories has expired and the owners of some of such factories are not willing to extent the term of the lease; AND WHEREAS suits have been filed in the courts by the owners of some of such cashew factories for delivery of possession thereof; AND WHEREAS in the interests of the workers of the cashew factories it is considered necessary to enable the said Corporation to continue in possession and management of such of those cashew factories which if given back to the owners thereof could not be run properly and.....

The Kerala Requisitioning and Acquisition of Property Act, 1981 [1] Complete Act

State: Kerala

Year: 1981

..... in the case of any notice or order affecting an individual, corporation or firm, be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908); and (c) in the case of any notice or order affecting a person (not being a corporation or firm), be served on such person" (i) by delivering or tendering it to that person; or (ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such person or any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain; or (iii) failing service by these means, by registered post. (2) Where the ownership of the property is in dispute or where the persons interested in the property are not readily traceable and the notice or order cannot be served without undue delay, the notice or order may be served by publishing it in the Gazette, and where possible, by.....

The Nagalan D Land (Requisition and Acquisltion) Act 1965 Complete Act

State: Nagaland

Year: 1965

.....may, with a view to requisitioning any land or for the purpose of determination by the Collector of the amount of compensation payable under this Act, by order (a) require any person to furnish to such authority 3s may be specified in the order such information in his possession relating to the property as may be specified; (b) direct that the owner or occupier for the land shall not dispose of it or alter it without permission From the Government till the expiry of such period as may be specified in the order (c) authorise any person to perform in respect of any land all or any of the functions referred to in sub-section (2) of section 4 of the Land, Acquisition Act, 1894 16. Penalty.- If any person contravenes any order made under this Act he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both. 17. Saving.- Save as otherwise expressly provided in this Act no decision or order made in exercise of any power conferred by or under this Act shall be called in question in any Court. 18. Protection of action taken under this Act.- (1) No suit, prosecution OF other legal.....