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Start Free TrialTransfer of Property Act, 1882 Chapter IV
Title: Of Mortgages of Immovable Property and Charges
State: Central
Year: 1882
.....times, at his request and at his own cost, and on payment of the mortgagee's costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.] Section 61 - Right to redeem separately or simultaneously 1 [61. Right to redeem separately or simultaneously A mortgagor who has executed two ormore mortgages in favour of the same mortgagee shall, in the absence of acontract to the contrary, when the principal money of any two or more of themortgages has become due, be entitled to redeem any one such mortgageseparately, or any two or more of such mortgages together.] ________________________ 1. Substituted byAct 20 of 1929, section 24 for the original section. Section 62 - Right of usufructuary mortgagor to recover possession In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 1 [together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], - (a) where the mortgagee is authorized to pay himself the.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Schedule 4
Title: Fourth Schedule
State: Central
Year: 1882
.....3 14 0 12 8 0 1,500 1,600 4 0 0 13 0 0 1,600 1,700 4 2 0 13 8 0 1,700 1,800 4 4 0 14 0 0 1,800 1,900 4 6 0 14 8 0 1,900 2,000 4 8 0 15 0 0 {Schedule V has been ins .in the Act in its application to the Court of Small Causes of Calcutta by the Presidency Small Cause Courts (Bengal Amendment) Act, 1934 (Ben.8 of 1934).}
View Complete Act List Judgments citing this sectionBombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 4
Title: Government Landing Place and Passengers Defined
State: Maharashtra
Year: 1882
In this Act 1[the term Government in relation to a major port means the Central Government, and save as aforesaid means the 2[State] Government; the 3[term landing-place includes bandar, wharf, pier, jetty, hard and any place used for the landing, shipping, or storage of goods, or for the embarking or disembarking of passengers; 4[* * *] 5[and the term passengers means any person of three years of age or upwards, carried in a vessel, other than the master and crew and the owner, his family and servants.] _________________ 1. The words the term Government in relation to a major port means the Central Government, and save as aforesaid means the Provincial Government were inserted by the Adaptation of Indian Laws Order in Council. 2. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950. 3. The definition of the term landing-place was substituted by section 2(a) of the Bombay Landing and Wharfage Fees (Amendment) Act, 1916 (Bom. 5 of 1916). 4. The definition of the term Commissioner was repealed, ibid, section 2(b). 5. This definition was added, ibid, section 2(c).
View Complete Act List Judgments citing this sectionPowers of Attorney Act, 1882 Section 4
Title: Deposit of Original Instruments Creating Powers-of-attorney
State: Central
Year: 1882
.....as a certified copy, and, when so stamped or marked, shall become and be a certified copy. (d) A certified copy of an instrument so deposited shall, without further proof, be sufficient evidence of the contents of the instrument and of the deposit thereof in the High Court.1[or District Court] (e) The High Court may, from time to time, make rules for the purposes of this section, and prescribing, with the concurrence of the State Government, the fees to be taken under clauses (a), (b)and (c). {Cl. f) was repealed by Act 6 of 1900, section 48 and SechduleII.} (g) This section applies to instruments creating powers-of-attorney executed either before or after this Act comes into force. ________________________ 1. Inserted by the Powers-of-Attorney (Amendment) Act, 1982, w.e.f. 22-10-1982.
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Section 4
Title: "easement Defined"
State: Central
Year: 1882
.....is called the servient heritage, and the owner or occupier thereof the servient owner. Explanation.-- In the first and second clauses of this section, the expression "land" includes also things permanently attached to the earth; the expression "beneficial enjoyment" includes also possible convenience, remote advantage, and even a mere amenity; and the expression "to do something" includes removal and appropriation by the dominant owner, for the beneficial enjoyment of the dominant heritage, of any part of the soil of the servient heritage, or anything growing or subsisting thereon. Illustrations (a) A, as the owner of a certain house, has a right of way thither over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement. (b) A, as the owner of a certain house, has the right to go on his neighbour B's land, and to take water for the purposes of his household, out of a spring therein. This is an easement. (c) A, as the owner of a certain house, has the right to conduct water from B's stream to supply the fountain in the garden attached to the house. This is an easement. (d) A, as the owner of a certain.....
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Chapter 4
Title: The Disturbance of Easements
State: Central
Year: 1882
.....the evidence of the easement, or by materially diminishing the value of the dominant heritage, is substantial damage within the meaning of this section and section 34. Explanation II.--Where the easement disturbed is a right to the free passage of light passing to the openings in a house, no damage is substantial within the meaning of this section unless it falls within the first Explanation, or interferes materially with the physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit, Explanation III--Where the easement disturbed is a right to the free passage of air to the openings in a house, damage is substantial within the meaning of this section if it interferes materially with the physical comfort of the plaintiff, though it is not injurious to his health. Illustrations (a) A places a permanent obstruction in a path over which B, as tenant of C's house, has a right of way. This is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. (b) A, as owner of a house, has a right to walk along one side.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 4
Title: Small Cause Court and Registrar Defined
State: Central
Year: 1882
In this Act, "the Small Cause Court" means the Court of Small Causes constituted under this Act in the town of Calcutta, Madras or Bombay, as the case may be, {Inserted by Act 3 of 1899, section 2}[and the expression "Registrar" includes a Deputy Registrar].
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Chapter IV
Title: Jurisdiction in Respect of Suits
State: Central
Year: 1882
.....of the Central Government {The words "the Crown Representative" were omitted by the A.O, 1950}, or the State Government;] (c) suits concerning any act ordered or done by any Judge or judicial officer in the execution of his office, or by any person in pursuance of any judgment or order of any Court or any such Judge or judicial officer; (d) suits for the recovery of immovable property; (e) suits for the partition of immovable property; (f) suits for the foreclosure or redemption of a mortgage of immovable property; (g) suits for the determination of any other right to or interest in immovable property; (h) suits for the specific performance or rescission of contracts; (i) suits to obtain an injunction; (j) suits for the cancellation or rectification of instruments; (k) suits to enforce a trust; (I) suits for a general average loss and suits on policies of insurance on sea-going vessels; (m) suits for compensation in respect of collisions on the high seas; (n) suits for compensation for the infringement of a patent, copyright or trade-mark; (o) suits for a dissolution of partnership or for an account of partnership-transactions; (p) suits for an account.....
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 4
Title: Lawful Purpose
State: Central
Year: 1882
.....property of another, or (c) the court regards it as immoral or opposed to public policy. Every trust of which the purpose is unlawful is void. And where a trust is created for two purposes, of which one is lawful and the other unlawful, and the two purposes, cannot be separated, the whole trust is void. Explanation. -- In this section, the expression "law" includes, where the trust property is immovable and situate in a foreign country, the law of such country. Illustrations (a) conveys property to B in trust to apply the profits to the nurture of female foundings to be trained up as prostitutes. The trust is void. (b) A bequeaths properly to 5 in trust to employ it in carrying on a smuggling business, and out of the profits thereof to support A's children. The trust is void (c) A, while in insolvent circumstances, transfers properly to B in trust for A during his lift:, and after his death for It. A is declared an insolvent. The trust for is invalid as against his creditors.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Chapter IV
Title: Of the Rights and Powers of Trustees
State: Central
Year: 1882
.....the lease, nor without reserving the best yearly rent than can be reasonably obtained. _______________________ 1. Second paragraph repealed by Act 12 of 1891, section 2 and Schedule. I, Pt. I. Section 36 - General authority of trustee In addition to the powers expressly conferred by this Act and by the instrument of trust, and subject to the restriction, if any, contained in such instrument, and to the provisions of section 17, a trustee may do all acts which are reasonable and proper for the realization, protection or benefit of the trust-property, and for the protection or support of a beneficiary who is not competent to contract. 1 [***] Expect with the permission of a principal civil court of original jurisdiction, no trustee shall lease trust-property for a term exceeding twenty-one years from the date of executing the lease, nor without reserving the best yearly rent than can be reasonably obtained. _______________________ 1. Second paragraph repealed by Act 12 of 1891, section 2 and Schedule. I, Pt. I. Section 37 - Power to sell in lots and either by public auction or private contract Where the trustee is empowered to sell any trust-property, he may.....
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