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Indian Short Titles Act, 1897 Complete Act

Title: Indian Short Titles Act, 1897

State: Central

Year: 1897

Preamble1 - INDIAN SHORT TITLES ACT, 1897 Section1 - Title Section2 - Citation of Acts described in Schedule ScheduleI - THE SCHEDULE

Indian Short Titles Act, 1897 Preamble 1

Title: Indian Short Titles Act, 1897

State: Central

Year: 1897

THE INDIAN SHORT TITLES ACT, 1897 [Act, No. 14 of 1897] [AS ON 1957] [22nd July, 1897] PREAMBLE An Act to facilitate the citation of certain Acts. WHEREAS it is expedient to facilitate the citation of certain Acts; It is hereby enacted as follows:-

Indian Short Titles Act, 1897 Section 1

Title: Title

State: Central

Year: 1897

(1) This Act may be called the Indian Short Titles Act, 1897; [The word "and" at the end of sub-section (1), and sub-section (2), rep. by Act 10 of 1914, s.3 and Schedule II] [The word "and" at the end of sub-section (1), and sub-section (2), rep .by Act 10 of 1914, s.3 and Schedule II.]

Companies Act, 1956 Section 535

Title: Disclaimer of Onerous Property in Case of a Company Which is Being Wound Up

State: Central

Year: 1956

.....or assignment for the purpose: Provided that, where the property disclaimed is of a lease-hold nature the1[Tribunal] shall not make a vesting order in favour of any person claiming under the company, whether as under-lessee or as mortgage or holder of a charge by way of demise, except upon the terms of making that person-- (a) subject to the same liabilities and obligations as those to which the company was subject under the lease in respect of the property at the commencement of the winding up; or (b) if the1[Tribunal] thinks fit, subject only to the same liabilities and obligations as if the lease had been assigned to that person at that date; and in either event (if the case so requires) as if the lease had comprised only the property comprised in the vesting order; and any mortgagee or under-lessee declining to accept a vesting order upon such terms shall be excluded from all interest in and security upon the properly, and, if there is no person claiming under the company who is willing to accept an order upon such terms, the1[Tribunal] shall have power to vest the estate and interest of the company in the property in any person liable, either personally or in a.....

Transfer of Property Act, 1882 Section 127

Title: Onerous Gifts

State: Central

Year: 1882

.....one of them and refuse the others, although the former may be beneficial and the latter onerous. Onerous gift to disqualified person. A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound. Illustrations (a) A has shares in X, a prosperous Joint stock company, and also shares in Y, a joint stock company in difficulties. Heavy calls are expected in respect of the shares in Y. A gives B all his shares in joint stock companies. B refuses to accept the shares in Y. He cannot take the shares in X. (b) A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is more than the house can be let for, gives to B the lease, and also, as a separate and independent transaction, a sum of money. B refuses to accept the lease. He does not by this refusal forfeit the money.

Presidency-towns Insolvency Act, 1909 Section 62

Title: Disclaimer of Onerous Property

State: Central

Year: 1909

.....of any other property that is unsaleable, or not readily saleable, by reason of its binding the possessor thereof to the performance of any onerous act or to the payment of any sum of money, the official assignee may, notwithstanding that he may have endeavoured to sell or have taken possession of the property, or exercised any act of ownership in relation thereto, but subject always to the provisions hereinafter contained in that behalf, by writing signed by him, at any time within twelve months after the insolvent has been adjudged insolvent, disclaim the property: Provided that, where any such property has not come to the knowledge of the official assignee within one month after such adjudication as aforesaid, he may disclaim the property at any time within twelve months after he has first become aware thereof. (2) The disclaimer shall operate to determine, as from the date thereof, the rights, interest and liabilities of the insolvent and his property in or in respect of the property disclaimed, and shall also discharge the official assignee from all personal liability in respect of the property disclaimed as from the date when the property vested in him, but shall not,.....

Companies Act, 2013, Section 333

Title: Disclaimer of Onerous Property

State: Central

Year: 2013

.....or assignment for the purpose: Provided that where the property disclaimed is of a leasehold nature, the Tribunal shall not make a vesting order in favour of any person claiming under the company, whether as under-lessee or as mortgagee or holder of a charge by way of demise, except upon the terms of making that person-- (a) subject to the same liabilities and obligations as those to which the company was subject under the lease in respect of the property at the commencement of the winding up; or (b) if the Tribunal thinks fit, subject only to the same liabilities and obligations as if the lease had been assigned to that person at that date, and in either event as if the lease had comprised only the property comprised in the vesting order, and any mortgagee or under-lessee declining to accept a vesting order upon such terms shall be excluded from all interest in, and security upon the property, and, if there is no person claiming under the company who is willing to accept an order upon such terms, the Tribunal shall have power to vest the estate and interest of the company in the property in any person liable, either personally or in a representative character,.....

Indian Succession Act, 1925 Chapter 9

Title: Of Onerous Bequests

State: Central

Year: 1925

Where a bequest imposes an obligation on the legatee, he can take nothing by it unless he accepts it fully. Illustration A, having shares in (X), a prosperous joint stock company and also shares in (Y), a joint stock company in difficulties, in respect of which shares heavy calls are expected to be made, bequeaths to B all his shares in joint stock companies; B refuses to accept the shares in (Y). He forfeits the shares in (X). Section 123 - One of two separate and independent bequests to same person may be accepted, and other refused Where a will contains two separate and independent bequests to the same person, the legatee is at liberty to accept one of them and refuse the other, although the former may be beneficial and the latter onerous. Illustration A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is higher than the house can be let for, bequeaths to B the lease and a sum of money. B refuses to accept the lease. He will not by this refusal forfeit the money.

The Maharashtra (Change of Short Titles of Certain Bombay Acts) Act, 1980 Complete Act

State: Maharashtra

Year: 1980

THE MAHARASHTRA (CHANGE OF SHORT TITLES OF CERTAIN BOMBAY ACTS) ACT, 1980 THE MAHARASHTRA (CHANGE OF SHORT TITLES OF CERTAIN BOMBAY ACTS) ACT, 1980 MAHARASHTRA ACT No. XV OF 1980 [This Act received the Governor's assent on the 6th August, I was first published in the Maharashtra Government Gazette on August, 1980.1 An Act to amend certain enactments to change their short titles "Bombay Acts" to "Maharashtra Acts" WHEREAS, it -is expedient to amend certain enactments to their short titles from "Bombay Acts" to "Maharashtra . Acts",to their citation in future by more appropriate short titles and clari application to the existing Maharashtra State and to make consequential and incidental provisions ; It is hereby enacted in the Thirty-first Year of the Republic of India as follows INTRODUCTION Under the States Reorganisation Act, 1956, a new, State of was formed from lst November, 1956 which comprised of territories old States of Bombay, Hyderabad, Madhya Pradesh, Saurashtra and Kutch. Again, the Bombay Reorganisation Act, 1960 was passed which came into force from I st May, 1960, a new State of Gujarat was formed and the residuary State of Bombay continued under.....

Specific Relief Act 1963 Section 13

Title: Rights of Purchaser or Lessee Against Person with No Title or Imperfect Title

State: Central

Year: 1963

.....and they are bound to convey at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such conveyance; (c) where the vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property.