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Indian Evidence Act 1872 Section 18

Title: Admission by Party to Proceeding or His Agent by Suitor in Representative Character

State: Central

Year: 1872

Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions. by suitor in representative character. Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. Statements made by (1) party interested in subject-matter.persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or (2) person from whom interest derived.persons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.

Indian Evidence Act 1872 Part 1

Title: Relevancy of Facts

State: Central

Year: 1872

.....context:- "Court".-Court" includes all Judges1 and Magistrates, 2 and all persons, except arbitrators, legally authorized to take evidence. "Fact".-"Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. "Relevant".-One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue".-The expression "facts in issue" means and includes--any fact from which, either by itself or in connection with other facts, the existence,.....

Indian Evidence Act 1872 Chapter 2

Title: Of the Relevancy of Facts

State: Central

Year: 1872

..... _______________________ 1. See now the Code of Civil Procedure, 1908 (5 of 1908) Section 6 - Relevancy of facts forming part of same transaction Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustrations (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against the 1 [Government of India] by taking part in an armed insurrection in which property is destroyed, troops are attacked and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, thought A may not have been present at all of them. (c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not.....

Land Acquisition Act, 1894 Complete Act

State: Central

Year: 1894

LAND ACQUISITION ACT, 1894 LAND ACQUISITION ACT, 1894 1 of 1894 An Act to amend the law for the acquisition of land for public purposes and for Companies. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition; It is hereby enacted as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Land Acquisition Act, 1894. (2) It extends to the whole of India except 1[the State of Jammu and Kashmir]. (3) It shall come into force on the first day of March, 1894. SECTION 02: REPEALED [Repealed partly by the Repealing and Amending Act, 1914 (10 of 1914), and partly by the Repealing Act, 1938 (1 of 1938)]. SECTION 03: DEFINITIONS In this Act, unless there is something repugnant in the subject or context,- (a) the expression "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth; 2(aa) the expression "local authority" includes a town planning authority (by whatever name called) set up under any law for the time being.....

Land Acquisition Act, 1894 Part 1

Title: Preliminary

State: Central

Year: 1894

.....have acted: Provided that-- (i) no person shall be deemed "entitled to act" whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court , as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii) the provisions of 4[Order XXXI of the first schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and (iv) no person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase many on a voluntary sale. _________________________ 1. Inserted by ibid., section 3 w.e.f......

Land Acquisition Act, 1894 Section 3

Title: Definitions

State: Central

Year: 1894

.....have acted: Provided that-- (i) no person shall be deemed "entitled to act" whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court , as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii) the provisions of 4[Order XXXI of the first schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and (iv) no person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase many on a voluntary sale. _________________________ 1. Inserted by ibid., section 3 w.e.f......

Works of Defence Act, 1903 Part I

Title: Preliminary

State: Central

Year: 1903

.....could have acted : Provided that- (i) no person shall be deemed "entitled to act" whose interest in the subject-matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) in every case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii) the provisions of Chapter XXXI of the Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and (iv) no person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase-money on a voluntary sale, ______________________ 1. Substituted for the original.....

Works of Defence Act, 1903 Section 2

Title: Definitions

State: Central

Year: 1903

.....could have acted : Provided that- (i) no person shall be deemed "entitled to act" whose interest in the subject-matter is shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) in every case the person interested may appear by a next friend or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof; (iii) the provisions of Chapter XXXI of the Code of Civil Procedure shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act; and (iv) no person "entitled to act" shall be competent to receive the compensation money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land upon the use and enjoyment of which restrictions are to be imposed and receive and give a good discharge for the purchase-money on a voluntary sale, ______________________ 1. Substituted for the original.....

Works of Defence Act, 1903 Complete Act

State: Central

Year: 1903

.....to apply to a magistrate and in the cities of Calcutta, Madras and Bombay to the Commissioner of Police, who shall enforce compliance. Since the enactment of the Act, Commissioners of Police have been appointed for certain cities other than the presidency towns of Calcutta, Madras and Bombay. It is possible that the Commissioners of Police may be appointed in future for more cities also. With a view to enabling the Collector and the officer authorised under section 6to apply to the Commissioners of Police for enforcing compliance with the Act in any area for which a Commissioner of Police has been appointed. it is proposed to amend section 37of the Act suitably. 2. The Bill is mainly intended to achieve the above objects."Gaz. of Ind., 27-11-1973, Pt. II, S. 2, Extž p. 949. An Act to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works of defence in order that such land may be kept tree from buildings and other obstructions, and for determining the amount of compensation to be made on account of such imposition. WHEREAS it is expedient to provide for imposing restrictions upon the use and enjoyment of land in the vicinity of works.....

Coal Bearing Areas (Acquisition and Development) Act, 1957 Complete Act

State: Central

Year: 1957

.....3. It is therefore proposed to make suitable amendments in the Act- (a) providing that in a case where no objections undersection 5Aof the 1894 Act had been filed, action undersection 9of the 1957 Act could be taken as if a notification undersection 7of that Act had been issued and no objection undersection 8thereof had been preferred: (b) providing for validation of the acquisitions made under the aforesaid notification No. S.O. 1759, dated the 7th August, 1958 and under a similar notification No. S. O. 25, dated the 22nd December, 1959, because the National Coal Development Corporation Limited in which the lands, after acquisition, had been vested could not work the lands as a result of the High Court decision and the coal production programme of the Government was seriously hampered. 4. Opportunity has also been taken to make a slight verbal alteration in sub-section (3) ofsection 28to bring it in line with the wording ofsections 7and9. 5. The Bill seeks to achieve the above objects. -Gaz. of Ind., 10 -8-67. Pt. II, S. 2, Ext.. p. 729. Act 54 of 1971.- The Coal Bearing Areas (Acquisition and Development) Act, 1957 (20 of 1957) (hereinafter referred to as the Coal Bearing.....