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Oudh Laws Act, 1876 Part III

Title: Part Iii

State: Central

Year: 1876

.....Section 26 - Revenue agents authorized to appear, etc., in rent suits Notwithstanding anything contained in Act No.XX of 1865 {See now the Legal Practitioners Act, 1879 (18 of 1879).} all persons duly admitted and enrolled as Revenue-agents under that Act in {The words "the territories for the time being under the administration of the Chief Commissioner of" rep.by the A.O.1937.} Oudh may appear, plead and act in suits under the Oudh Rent Act (19 of 1868) {See now the U.P.Tenancy Act, 1939 (U.P.17 of 1939).} in the Courts of officers exercising the powers of Assistant Collectors, Deputy Collectors, Collectors and Commissioners under the same Act. Section 27 - Power to make rules for custody and sale of attached property With the sanction of the State Government, the {Subs.by the A.O.1950 for " Chief Court "} [High Court] may from time to time make rules consistent with this Actand with the Code of Civil Procedure {See now the Code of Civil Procedure, 1908 (5 of 1908).} - (a) for the custody and sale of movable property attached in execution of decrees; (b) for the levy of a fee or commission on the sale of attached property and the disposal of the funds accruing from.....

Oudh Laws Act, 1876 Chapter III

Title: Procedure of the Courts

State: Central

Year: 1876

.....Section 26 - Revenue agents authorized to appear, etc., in rent suits Notwithstanding anything contained in Act No.XX of 1865 {See now the Legal Practitioners Act, 1879 (18 of 1879).} all persons duly admitted and enrolled as Revenue-agents under that Act in {The words "the territories for the time being under the administration of the Chief Commissioner of" rep.by the A.O.1937.} Oudh may appear, plead and act in suits under the Oudh Rent Act (19 of 1868) {See now the U.P.Tenancy Act, 1939 (U.P.17 of 1939).} in the Courts of officers exercising the powers of Assistant Collectors, Deputy Collectors, Collectors and Commissioners under the same Act. Section 27 - Power to make rules for custody and sale of attached property With the sanction of the State Government, the {Subs.by the A.O.1950 for " Chief Court "} [High Court] may from time to time make rules consistent with this Actand with the Code of Civil Procedure {See now the Code of Civil Procedure, 1908 (5 of 1908).} - (a) for the custody and sale of movable property attached in execution of decrees; (b) for the levy of a fee or commission on the sale of attached property and the disposal of the funds accruing from.....

Dramatic Performances Act, 1876 Complete Act

State: Central

Year: 1876

.....Deoghar sub-divisions of the Santal Parganas District by S. 2 of theHazaribagh, Manbhum, Palamau (Excluding Latehar),Godda,Deoghar and Dhalbhum Laws Act, 1951(Bih. Act 24 of 1951). Prior to this, this Act was extended to Santhal Parganas District (excluding Godda and Deoghar) by Bih. Regn. I of 1951. All these areas form part of Bihar State. This Act, as amended byPunj. Act 48 of 1956, is extended to the area comprised in the former State of Pepsu by S. 4 of thePunjab Laws (Extension No. 4) Act, 1958(Punj Act 18 of 1958).Punjab Act 10 of 1964has now repealed this Act in so far as it applied to that State. The Act is extended to the States merged in the States of-Bombay: see Born. Act 4 of 1950. Madhya Pradesh: seeM.P. Act 12 of 1950. Tamil Nadu:T.N. Act 35 of 1949. This Act is repealed in its application to the State of Andhra Pradesh by theAndhra Objectionable Performances . Prohibition Act, 1956(Andh Act 8 of 1956), S.I 6 and to the State of Tamil Nadu by theT.N. Dramatic Performances Act, 1954(T.N. Act 33 of 1954), Section 14. It has also been repealed in the States of Madhya Pradesh, Mysore (now Karnataka), Orissa and Punjab (including Haryana and Chandigarh) byM.P. Act 11 of.....

Land Registration Act, 1876 Complete Act

State: West Bengal

Year: 1876

.....land appertaining to the estate which each mauza contains, if ascertained by survey or other authentic measurement; 1515. Clause (e) rep., by Ben. Act 2 of 1906 and E.B. and A. Act 1 of 1907, in the districts in respect of which any order is issued under any clause of sec. 19A of the present Act. (e) reference to entries made in the intermediate register after the preparation of the general register. Section 8 Part II of general register. In Part II of the general register of revenue-paying lands shall be entered the name of every estate which comprises lands situated in the district but which is borne on the revenue-roll of some other district, and the following particulars relating to every such estate: (a) name of the estate: (b) name of the district on the revenue-roll of which the estate is borne, with the number which the estate bears on that roll, the annual amount of revenue for which it is liable, 1616. Words rep., by Ben. Act 2 of 1906 and E.B. and A. Act 1 of 1907. in the districts in respect of which any order is issued under clause (a) or clause (b) of sec. 19A of the present Act. [and the number which the estate bears in Part I of the general register of.....

Oudh Laws Act, 1876 Section 26

Title: Revenue Agents Authorized to Appear, Etc., in Rent Suits

State: Central

Year: 1876

Notwithstanding anything contained in Act No.XX of 1865 {See now the Legal Practitioners Act, 1879 (18 of 1879).} all persons duly admitted and enrolled as Revenue-agents under that Act in {The words "the territories for the time being under the administration of the Chief Commissioner of" rep.by the A.O.1937.} Oudh may appear, plead and act in suits under the Oudh Rent Act (19 of 1868) {See now the U.P.Tenancy Act, 1939 (U.P.17 of 1939).} in the Courts of officers exercising the powers of Assistant Collectors, Deputy Collectors, Collectors and Commissioners under the same Act.

Oudh Laws Act, 1876 Section 27

Title: Power to Make Rules for Custody and Sale of Attached Property

State: Central

Year: 1876

With the sanction of the State Government, the {Subs.by the A.O.1950 for " Chief Court "} [High Court] may from time to time make rules consistent with this Actand with the Code of Civil Procedure {See now the Code of Civil Procedure, 1908 (5 of 1908).} - (a) for the custody and sale of movable property attached in execution of decrees; (b) for the levy of a fee or commission on the sale of attached property and the disposal of the funds accruing from such fees; (c) as to the appointment and remuneration of persons {Ins.by the A.O.1937.} (not being persons in the service of the Government)] by whom property is to be attached, kept in custody and sold; (d) as to the appointment and remuneration of persons {Ins.by the A.O.1937.} [(not being persons in the service of the Government)] by whom local investigations under section 180, and investigations and adjustments of accounts under section 181, of the Code of Civil Procedure {See now the Code of Civil Procedure, 1908 (5 of 1908), Sch.I, Order 26, rules 9 to 12.}are to be made.

Oudh Laws Act, 1876 Chapter II

Title: Pre-emption

State: Central

Year: 1876

.....right on any of the following grounds (namely) :- (a) that no due notice was given as required by section 10; (b) that tender was made under section 11 or section 12 and refused; (c) in the case of a sale, that the price stated in the notice was not fixed in good faith; (d) in the case of a mortgage, that the amount claimed by the mortgagee was not really due on the footing of the mortgage and was not claimed in good faith, and that it exceeds the fair market-value of the property mortgaged, {Ins.by s.6, ibid.} [or the portion of the property mortgaged in respect of which he possesses the right of pre-emption, as the case may be]. If, in the case of a sale, the Court finds that the price was not fixed in good faith, the ours shall fix such price as appears to it to be the fair market-value of the property sold, {Ins.by s.6, ibid.} [or the portion of the property sold in respect of which he possesses the right of pre-emption, as the case may be]. If, in the case of a mortgage the Court finds that the amount claimed by the mortgagee was not really due on the footing of the mortgage, and that it was not claimed in good faith and that it exceeds the fair market-value.....

Oudh Laws Act, 1876 Section 7

Title: Presumption as to Its Existence

State: Central

Year: 1876

Unless the existence of any custom or contract to the contrary is proved, such right shall, whether recorded in the settlement-record or not, be presumed- (a) to exist in all village-communities, however constituted, and whether proprietary or under-proprietary, and in the cases referred to in section 40 of the Oudh Land-revenue Act, (17 of 1876) {See now the U.P.Land Revenue Act, 1901 (U.P.3 of 1901).} and (b) to extend to the village-site, to the houses built upon it, to all lands and shares of lands within the village-boundary, and to all transferable rights affecting such lands.

Oudh Laws Act, 1876 Section 16

Title: Rule of Limitation

State: Central

Year: 1876

The Judicial Commissioner's Circular No.104 of July, 1860, shall be held to have been a notification within the meaning of section 24 of Act 14 of 1859, {See now the Limitation Act, 1908 (9 of 1908).} and such Act shall be deemed to have been in force in Oudh from the fourth day of July, 1862; and all orders and decrees passed under the rules contained in the said Circular or under the said Act, shall be deemed to have been passed under a iaw m force for the time being. Nothing in this section affects the provisions of sections 109, 104 105, 106, 107 and 108 of the Oudh Rent Act (XIX of 1868){Act 19 of 1868 was rep.by the Oudh Rent Act, 1886 (22 of 1886), s.2.Act 22 of 1886 has been rep.by the U.P.Tenancy Act, 1939 (U.P.17 of 1939).}with regard to the limitation of suits under that Act.

Oudh Laws Act, 1876 Section 19

Title: Rules of Taking Evidence

State: Central

Year: 1876

{See now ss.181 to 190, both inclusive, of the Code of Civil Procedure, 1908 (5 of 1908).} Section 172 of Act No.8 of 1859 is hereby repealed, so far as the province of Oudh is concerned, and the following section is substituted therefor: "On the day appointed for the hearing of the suit, or on some other day to which the hearing may be adjourned, the evidence of the witnesses in attendance shall be taken orally in open Court in the presence and hearing and under the personal direction and superintendence of the Judge. "A note of the essential points of the evidence of each witness is to be taken at the time, and in the course of oral examination, by the officer who tries the case, in his own language, or in English if-he is sufficiently acquainted with that language, and such note shall be filed, and shall form part of the record of the case. " If the evidence be taken down in a different language from that in which it has been given, and the witness does not understand the language in which it is taken down, the witness may require his deposition as taken down to be interpreted to him in the language in which it was given. " It shall be in the discretion of the Court.....