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Start Free TrialIndian Easements Act, 1882 Chapter 2
Title: The Imposition, Acquisition and Transfer of Easements
State: Central
Year: 1882
.....sale took effect. A is entitled to the light, and B cannot build on the land so as to obstruct such light. (g) A the owner of a house, sells IS a factor)' built on adjoining land, B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. (h) A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z. B is entitled to the benefit of all gutters and drains common to the two houses and necessary for enjoying Y as it was enjoyed when the sale took effect, and A is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying Z as it was enjoyed when the sale look effect. (i) A, the owner of two adjoining buildings, sells one to B, retaining the other. B is entitled to a right to lateral support from A's building, and A is entitled to a right to lateral support from B's building. (j) A, the owner of two adjoining buildings, sells one to B and the other to C. C is entitled to lateral support from B's building, and B is entitled to lateral support from C's building. (k) A grants lands to ti for the purpose of building a house thereon. B is entitled to such amount of.....
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Section 14
Title: Direction of Way of Necessity
State: Central
Year: 1882
When1[a right] to away of necessity is created under section 13, the transferor, the legal representative of the testator, or the owner of the share over which the right is exercised, as the case may be, is entitled to set out the way; but it most be reasonably convenient for the dominant owner. When the person so entitled to set out the way refuses or neglects to do so, the dominant owner may set it out. ______________________ 1.Substituted by Act 12 1891, section 2 and Schedule II for "right".
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Chapter II
Title: Of the Creation of Trusts
State: Central
Year: 1882
.....extent in and to which the author of the trust may dispose of the trust-property. _______________________ 1. See section 11 of the Indian Contract Act, 1972 (9 of 1872). Section 7 - Who may create trusts A trust may be created-- (a) by every person competent to contract,1and (b) with the permission of a principal civil court of original jurisdiction, by or on behalf of a minor, but subject in each case to the law for the time being in force as to the circumstances and extent in and to which the author of the trust may dispose of the trust-property. _______________________ 1. See section 11 of the Indian Contract Act, 1972 (9 of 1872). Section 8 - Subject of trust The subject- matter of a trust must be property transferable to the beneficiary. It must not be merely beneficial interest under a subsisting trust. Section 9 - Who may be beneficiary Every person capable of holding property may be a beneficiary. Disclaimer by beneficiary A proposed beneficiary may renounce his interest under the trust by disclaimer addressed to the trustee, or by setting up, with notice of the trust, a claim inconsistent therewith. Section 10 - Who may be trustee .....
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 6
Title: Creation of Trust
State: Central
Year: 1882
Subject to the provisions of section 5, a {rust is created when the author of the trust indicates with reasonable certainly by any words or acts (a) an intention on his part to create thereby a trust, (b) the purpose of the trust, (c) the beneficiary, and (d) the trust-property, and (unless the trust is declared by will or the author of the trust is himself to be the trustee) transfers the I rust -property to the trustee. Illustrations (a) A bequeaths certain properly to B, "having the fullest confidence that lie will dispose of it for the benefit of "C. This creates a trust so far as regards. A and C. (b) A bequeaths certain property to B, "hoping he will continue it in the family". This does not create a trust, as the beneficiary is not indicated with reasonable certainty. (c) A bequeaths certain property to B, requesting him to distribute it amongst such members of C's family as /(should think most deserving This does not create a trust, for the beneficiaries are not indicated with reasonable certainty. (d) A bequeaths certain properly to B, desiring him to divide the bulk of it among C's children. This does not create a trust, for the trust-property is not.....
View Complete Act List Judgments citing this sectionBills of Exchange Act, 1882 Complete Act
State: Central
Year: 1882
.....operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature the agent in so signing was acting within the actual limit of his authority. SECTION 26: PERSON SIGNING AS AGENT OR IN REPRESENTATIVE CAPACITY (1) Where a person signs a bill as drawer, endorser or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. (2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted. SECTION 27: VALUE DEFINED (1) Valuable consideration for a bill may be constituted by- (a) any consideration sufficient to support a simple contract ; (b) an antecedent debt or liability. Such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. (2) Where value.....
List Judgments citing this sectionTrusts Act, 1882 Complete Act
State: Central
Year: 1882
.....known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the section 229 Indian Contract Act, 1872 (9 of 1872)-, ; and all expressions used herein and defined in the Indian Contract Act, 1872 (expressions defined in Act 9 of 1872), shall be deemed to have the meanings respectively attributed to them by that Act. SECTION 04: LAWFUL PURPOSE. A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the person or property of another, or (e) 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. SECTION 05: TRUST OF IMMOVABLE PROPERTY No trust in relation to immoveable property is valid unless declared by a non-testamentary instrument in writing signed by the author of the trust or the.....
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