Bare Act Search Results

Trusts 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.....

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....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, non-existence, nature or extent of any right, liability, or disability, asserted or denied on any suit or proceeding, necessarily follows. Explanation - Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:- That caused A B's death; That A intended to cause Bs' death; That A had received grave and sudden provocation from B; That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature. "Documents" " "Documents" means any matter expressed of described upon any substance by means of letters, figures or marks, or by more than one of those means,.....

Indian Trusts Act, 1882 Chapter IX

Title: Of Certain Obligations in the Nature of Trusts

State: Central

Year: 1882

.....performance could be enforced, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract. Section 92 - Purchase by person contracting to buy property to be held on trust Where a person contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly, he must hold the property for their benefit to the extent necessary to give effect to the contract. Section 93 - Advantage secretly gained by one of several compounding creditors Where creditors compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so gained. Section 94 - Constructive trust in cases not expressly provided for (Rep. by the Benami Transactions (Prohibition) Act, 1988, sec. 7 (w.e.f. 19.5.1988)). Illustrations (a) A, an executor, distributes the assets of his testator B to the legatees without having paid the whole of B's debts. The legatees hold for the benefit of B's creditors, to the extent necessary to satisfy their just demands, the assets so.....

Indian Trusts Act, 1882 Section 90

Title: Advantage Gained by Qualified Owner

State: Central

Year: 1882

.....the benefit of all persons so interested, the advantage so gained, but subject to repayment by such persons of their due share of the expenses properly incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage. Illustrations (a) A, the tenant for life of leasehold properly, renews the lease in his own name and for his own benefit. A holds the renewed lease for the benefit of all those interested in the old lease. (b) A village belongs to a Hindu family. A, one of its members, pays nazrana to Government and thereby procures his name to be entered as the inamdar of the village. A holds the village for the benefit of himself and the other members. (c) A mortgages land to B, who enters into possession. B allows the Government revenue to fall into arrear with a view to the land being put up for sale and his becoming himself the purchaser of it. The land is accordingly sold to B. Subject to the repayment of the amount due on the mortgage and of his expenses property incurred as mortgagee, B holds the land for the benefit of A.

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.....

Land Acquisition Act, 1894 Part 2

Title: Acquisition

State: Central

Year: 1894

.....a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act.] Section 6 to 10 - Declaration of Intended Acquisition Section 6 - Declaration that land is required for a public purpose Declaration of intended acquisition 6. Declaration that land is required for a public purpose.- (1) Subject to the provisions of Part VII of this Act, when the Appropriate Government is satisfied after considering the report, if any, made under section 5A, sub-section (2), that any particular land is needed for a public purpose, or for a company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders an different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (!), irrespective of whether one report or different reports has or have been made (wherever required) under section 5-A, sub-section (2): 1[Provided that no declaration in respect of any particular land covered by a notification under section.....

The Tamilnadu Acquisition of Hoardings Act. (Xxxix of 1985) Complete Act

State: Tamil Nadu

Year: 1985

.....finds that more persons than one are entitled to the amount he shall apportion the amount amongst such persons : (g) nothing in the Arbitration Act, 1940 (Central Act X of 1940) shall apply to the arbitrations under this section. (2) Every award made by the arbitrator under clause (e) of sub-section (1) shall also state the amount of costs incurred in the proceedings before him and by what persons and in what proportions such amount is to be paid. 6. Notice of determination of amount under section 5 to be given to all persons interested. " Reasonable notice in respect of the amount determined under section 5 shall be given to all the persons interested. 7. Manner of payment of amount for the hoarding acquired. " (1) The amount determined under section 5 shall be given by the Government to the person interested. (2) Where the amount has been fixed by agreement, it shall be paid in accordance with the terms of the agreement within a period of three months from the date of the agreement. (3) Where the amount has been determined by an award of the arbitrator under section 5 and where no appeal has been preferred under section 8, the amount shall be aid within a.....

Works of Defence Act, 1903 Part II

Title: Impostion of Restrictions

State: Central

Year: 1903

.....for the words "Local Official Gazette by A.O., 1937 (1-4-1937). Section 4 - Power to do preliminary Acts after publication of notice under section 3, sub-section (2) It shall be lawful for such officer as the 1[Central Government] may, by general or special order, authorise in this behalf, and for his servants and workmen, at any time after publication of the notice mentioned in section 3, sub-section (2), to enter upon and survey and take levels of any land in such locality, to dig or bore into the sub-soil, to do all other acts necessary to ascertain whether any and, if so, what restrictions should be imposed on the use and enjoyment of the land, to set out the boundaries of the land upon the use and enjoyment of which restrictions are to be imposed, or of any part of such land, to mark such levels, boundaries and line by placing marks and cutting trenches, and, where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle : Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless.....

West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fishermen Act, 1975 Complete Act

State: West Bengal

Year: 1975

.....any lineal descendant of any son or daughter; (e) "land" means either agricultural land or non-agricutural land upon which there is a homestead ; Section 3 Act not to apply to certain lands Nothing in this Act shall apply to any land (a) belonging to, or taken on lease or requisitioned by, the Central or any State Government; (b) belonging to, or taken on lease by, any local or statutory authority. Section 4 Acquisition of lands for occupiers Where an occupier has been in possession of any land on the 26th day of June, 1975 then, (a)if the land in his possession does not exceed .0334 hectare, such land, and (b)if the land in his possession exceeds .0334 hectare, so much of such land as does not exceed .0334 hectare, shall stand acquired by the State Government and shall thereupon stand transferred to and vest absolutely in favour of such occupier. Section 5 Amount to be paid When any land is acquired under section 4, there shall be paid by the State Government to every owner an amount which shall be equivalent to ten times of the annual revenue or rent, as the case may be, of such land to be determined by the Collector in the prescribed manner. Explanation. An owner.....

Land Acquisition Act, 1894 Section 12

Title: Award of Collector when to Be Final

State: Central

Year: 1894

Enquiry into measurements, value and claims and award by the Collector 12. Award of Collector when to be final.- (1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and apportionment of the compensation among the persons interested. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made.