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Transfer of Property Act, 1882 Section 113

Title: Waiver Notice to Quit

State: Central

Year: 1882

A notice given under section 111, clause (h) is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting. Illustrations (a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived. (b) A, the lessor, gives B, the lessee; notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.

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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.....

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Transfer of Property Act, 1882 Chapter V

Title: Of Leases of Immoveable Property

State: Central

Year: 1882

.....or (if such tender or delivery isnot practicable) affixed to a conspicuous part of the property.] _______________________ 1.Substitutedby Act3 2003, section 2, for Section "106.Durationof certain leases in absence of written contract or local usage. -Inthe absence of a contract or local law or usage to the contrary, a lease ofimmoveable property for agricultural or manufacturing purposes shall be deemedto be a lease from year to year, terminable, on the part of either lessor orlessee, by six months' notice expiring with the end of a year of the tenancy;and a lease of immoveable property for any other purpose shall be deemed to be alease from month to month, terminable, on the part of either lessor or lessee,by fifteen days' notice expiring with the end of a month of the tenancy. Everynotice under this section must be in writing, signed by or on behalf of theperson giving it, and either be sent by post to the party who is intended to bebound by it or be tendered or delivered personally to such party, or to one ofhis family or servants at his residence, or (if such tender or delivery is notpracticable) affixed to a conspicuous part of the property." Section 107 -.....

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The Punjab Urban Rent Restriction Act, 1941 Complete Act

State: Punjab

Year: 1941

.....the amenities. (2) The aggregate increase of rent under this Section shall in no circumstances exceed ten per centum of the standard rent of premises as originally fixed. (3) For the purposes of this Section, the expression "amenities of the neighbourhood" shall include any permanent and lasting improvement in the condition of lighting, sanitation, roads and other communications and the abatement or removal of nuisances. Section 16 - Rules (1) The Provincial Government may, by notification, in the Official Gazette, make rules for the purpose of carrying out all or any of the provisions of this Act. (2) Rules made under this Section shall be subject to the condition of previous publication. Punjab State Acts

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West Bengal Premises Tenancy Act, 1956 Complete Act

State: West Bengal

Year: 1956

....."local authority" shall include the Board called the Trustees for the improvement of Calcutta, referred to in section 3 of the Calcutta Improvement Act, 1911 (Ben Act V of 1911), as well as any body corporate or authority that may hereafter be constituted under any law for the time being in force for the improvement of any municipality, town or cantonment. Section 2 Definition In this Act, unless there is anything repugnant in the subject or context, [(a) "Calcutta" means the area described in Schedule I to the Calcutta Municipal Corporation Act, 1980 (West Ben Act LIX of 1980);] (b) "Controller" means a Controller appointed under sub-section (1) of section 26 and includes an Additional Controller and a Deputy Controller appointed under sub-section (2) of that section ; (c) "fair rent" in relation to any premises means the fair rent referred to in section 8 or where the fair rent has been increased under section 9 such increased rent or where the fair rent has been revised under section 11 such revised rent ; [(cc) "hotel or lodging house" means an establishment where lodging with or without board or other service is provided for B monetary consideration;] (d) "landlord".....

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West Bengal Premises Tenancy Act, 1997 Complete Act

State: West Bengal

Year: 1997

.....where the lease with due consent of the tenant has been registered under the Registration Act, 1908 (16 of 1908), after the commencement of this Act, and the fact of such consent has been recorded in the instrument so registered;] (d) any premises rented to a foreign mission or international agency; (e) any premises let out for residential purpose, not being a premises within the purview of clause (c) which carries more than (i) 22. Subs. by sec. 3(2)(a) Ibid, w.r.e.f. 10.7.2001, for "two thousand rupees". [six thousand and five hundred rupees] as monthly rent in the areas included within the limits of the Calcutta Municipal Corporation or the Howrah Municipal Corporation, or (ii) 33. Subs. by sec. 3(2)(b), ibid, w.r.e.f. 10.7.2001, for "One thousand rupees". [three thousand rupees] as monthly rent in other areas to which this Act extends; (f) any premises let out for non-residential purpose, which carries more than (i) 44. Subs. by sec. 3(3)(a), ibid, w.r.e.f. 10.7.2001, for "three thousand rupees". [ten thousand rupees] as monthly rent in the areas included within the limits of the Calcutta Municipal Corporation or the Howrah Municipal Corporation, or (ii) 55. Subs. by.....

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West Bengal Government Premises (Tenancy Regulation) Act, 1976 Complete Act

State: West Bengal

Year: 1976

.....or in any decree or order of any court, tribunal or other authority, and nothing contained in the Transfer of Property Act, 1882, or the Indian Contract Act, 1872, or the West Bengal Premises Tenancy Act, 1956, shall apply, or shall be deemed ever to have applied, to the tenancy as aforesaid and such tenancy shall take effect, and shall be deemed always to have taken effect, as if the Transfer of Property Act, 1882, or the Indian Contract Act, 1872, or the West Bengal Premises Tenancy Act, 1956, had not been passed. Section 3A Tenancy to be void if held by a tenant owning a house or apartment on the date of allotment of a Government premises 66. Sec. 3A Ins. by W.B. Act 46 of 1980. A tenancy in respect of a Government premises shall be deemed to be void where on the date of allotment of such Government premises the tenant is, or had been, the owner of a house or an apartment, either in his own name or in the name of any member of his family, within a reasonable distance from such Government premises. Section 4 Restoration of possession (1) Upon termination of a tenancy under any of the provisions of section 3 77. Words, figure and letter ins. by W.B. Act 46 of 1980. [or upon.....

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Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

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The Orissa Tenancy Act, 1913 Complete Act

State: Orissa

Year: 1913

.....Puri and Balasore in the State of Orissa, except any area or part of an area which is constituted as a Municipality under the Bengal Municipal Act, 1884 (Bengal Act III of 1884), and which is specified in this behalf by notification issued by the State Government. Section 2 - Repeal The enactments specified in Schedule I are hereby repealed in the area to which this Act extends. Section 3 - Definitions (1) In this Act, unless there is something repugnant in the subject or context (1) "agricultural year" means the year commencing on the first day of Baisakh of the Oriya year; Provided that the first agricultural year shall be deemed to commence on the first day of Baisakh following the date of the commencement of this Act; (2) "bazyaftidar" means a person holding lands the title to hold which upon special terms was declared invalid by the Cuttack Land Revenue Regulation, 1805 (XII of 1805), the Bengal Land Revenue Assessment (Resumed Lands) Regulation, 1819 (II of 1819) or the Bengal Revenue-free Lands Regulation, 1825 (XIV of 1825) and which have been assessed, in the course of a settlement of land-revenue, at a rent fixed for the term of that settlement; and.....

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The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Complete Act

State: Maharashtra

Year: 1947

.....THE BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL ACT, 1947 THE BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL ACT, 1947 [REPEALED ACT] [Act, No. 57 of 1947] (For Statement of Objects and Reasons, See Bombay Government Gazette, 1947, Part V, page 364.) [13th January 1948] PREAMBLE An Act to amend and consolidate the law relating to the control of rents andrepairs of certain premises, of rates of hotels and lodging houses and of evictions. WHEREAS it is expedient to amend and consolidate the law relating to the control of rents and repairs of certain premises, of rates of hotels and lodging house and of evictions ; It is hereby enacted as follows:- Section 1 - Short title This Act may be called the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Section 2 - Extent (1) Parts I and IV of this Act shall extend to the1[Bombay area of the State of Maharashtra]. (2)2[Parts II and IIA shall extend to the areas specified in Schedule I and Part III shall extend to the areas specified in Schedule II] to this Act and shall continue to extend to any such area notwithstanding that the area ceases to be of the description therein specified. .....

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