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Home Bare Acts Phrase: propertyTransfer of Property Act, 1882 Chapter IV
Title: Of Mortgages of Immovable Property and Charges
State: Central
Year: 1882
.....of the receiverwas valid or not. (6) The receiver shall be entitledto retain out of any money received by him, for his remuneration, and insatisfaction of all costs, charges and expenses incurred by him as receiver, acommission at such rate not exceeding five per cent, on the gross amount of allmoney received as is specified in his appointment, and, if no rate is sospecified, then at the rate of five per cent. on that gross amount, or at suchother rate as the Court thinks fit to allow, on application made by him for thatpurpose. (7) The receiver shall, if sodirected in writing by the mortgagee, insure to the extent, if any, to which themortgagee might have insured, and keep insured against loss or damage by fire,out of the money received by him, the mortgaged property or any part thereofbeing of an insurable nature. (8) Subject to the provisions ofthis Act as to the application of insurance money, the receiver shall apply allmoney received by him as follows, namely. - (i) in discharge of all rents,taxes, land revenue., rates and outgoings whatever affecting the mortgagedproperty; (ii) in keeping down all annualsums or other payments, and the interest on all principal.....
View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Chapter II
Title: Evacuee Property and Vesting Thereof in the Custodian
State: Central
Year: 1950
.....for the purposes of securing, administering, preserving and managing any evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Custodian may for any of the purposes aforesaid, (a) carry on the business of the evacuee. (b) appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section; (c) enter, or authorise any other person to enter, any land or premises to inspect any evacuee property; (d) take all such measures as may be necessary to keep any evacuee property in good repair; (e) complete any building which has vested in him and which requires to be completed; 1[(f),(g), (h)********] (i) take such action as may be necessary for the recovery of any debt due to the evacuee; (j) institute, defend or continue any legal.....
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Chapter III
Title: Of Sales of Immoveable Property
State: Central
Year: 1882
.....on such amount or part1[from the date on which possession has been delivered]. (5) The buyer is bound- (a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; (b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances.....
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Chapter V
Title: Of Leases of Immoveable Property
State: Central
Year: 1882
.....or local usage (1)In the absence of a contract or local law or usage to the contrary, a lease ofimmovable property for agricultural or manufacturing purposes shall be deemed tobe a lease from year to year, terminable, on the part of either lessor orlessee, by six months' notice; and a lease of immovable property for any otherpurpose shall be deemed to be a lease from month to month, terminable, on thepart of either lessor or lessee, by fifteen days' notice. (2)Notwithstanding anything contained in any other law for the time being in force,the period mentioned in sub-section (1) shall commence from the date of receiptof notice. (3)A notice under sub-section (1) shall not be deemed to be invalid merely becausethe period mentioned therein falls short of the period specified under thatsub-section, where a suit or proceeding is filed after the expiry of the periodmentioned in that sub-section. (4)Every notice under sub-section (1) must be in writing, signed by or on behalf ofthe person giving it, and either be sent by post to the party who is intended tobe bound by it or be tendered or delivered personally to such party, or to oneof his family or servants at his.....
View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Section 8
Title: Vesting of Evacuee Property in the Custodian
State: Central
Year: 1950
.....the commencement of this Act there is pending before the High Court, the Custodian or any other authority for or in any State any proceeding under Section 8 or Section 30 of the Administration of Evacuee Property Ordinance, 1949 (XII of 1949), or under any other corresponding law repealed by the Administration of Evacuee Property Ordinance, 1949 (XXVII of 1949), then notwithstanding anything contained in this Act or in any other law for the time being in force such proceeding shall be disposed of as if the definitions of evacuee property' and 'evacuee' contained in Section 2 of this Act had become applicable thereto. 1[(2A) Without prejudice to the generality of the provisions contained in sub-section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person exercising the powers of Custodian in any State shall, notwithstanding any defect in any or the invalidity of, such law or any judgment, decree or order of any Court, be deemed for all purposes to have validity vested in that person, as if the provisions of such law had been enacted by Parliament and such property shall, on the commencement of this Act, be deemed to.....
View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Section 16
Title: Restoration of Evacuee Property
State: Central
Year: 1950
.....be entertained unless -- (a) before making the application, the applicant has filed all appeals and revision applications permissible under this Act against the order declaring the property of the evacuee to be evacuee property and the Custodian-General has made a final order in the case; and (b) the application is made within sixty days of the final order of the Custodian-General : Provided that any such application by an evacuee who migrated to West Pakistan from the State of Uttar Pradesh during the period between the 1st day of February, 1950 and 31 st day of May, 1950 and who is permitted to return to India for permanent resettlement may be entertained if it is made within sixty days of the return of the evacuee to India : Provided further that nothing contained in this sub-section shall apply to an application under sub-section (1) which is pending on the commencement of the Administration of Evacuee Property (Amendment) Act, 1954. Explanation.-- In this sub-section, the expression 'Custodian-General' shall include a Deputy Custodian-General and an Assistant Custodian-General.] 3(2) On receipt of an application under sub-section (1), the Central Government or.....
View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Section 40
Title: Validity of Transfers Respecting Property Subsequently Declared to Be Evacuee Property
State: Central
Year: 1950
.....not adequate, or (b) that the application was barred by limitation, then, notwithstanding anything to the contrary contained in any law or contract or decree or order of a Civil Court or other authority, but subject to any rules that may be made by the Central Government in this behalf, the Custodian may and shall, where the application for confirmation was rejected by the Custodian-General, if the Costodian-General so directs, exercise any of the following powers in respect of the transfer, namely :-- (i) confirm the transfer if the consideration paid for the transfer is adequate; (ii) confirm the transfer if the transferee agrees to pay to the Custodian the difference in value between the value of the property as assessed by the Custodian and the amount actually paid by the transferee to the transferor; (iii) if the transferee agrees, take possession of such part of the property as, after dividing it by metes and bounds, is equivalent in value to the difference between the value of the property as assessed by the Custodian and the amount paid by the transferee to the transferor; (iv) if the transferee agrees, take possession of the entire property by paying off to.....
View Complete Act List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Complete Act
Title: Administration of Evacuee Property Act, 1950 [Repealed]
State: Central
Year: 1950
Preamble1 - ADMINISTRATION OF EVACUEE PROPERTY Act, 1950 Chapter I Section1 - Short title and extent Section2 - Definitions Section3 - [Repealed] Section4 - Act to override other laws Chapter II Section5 - Appointment of Custodian-General, Deputy Custodian-General etc Section6 - Appointment of Custodians, etc Section7 - Notifications of evacuee property Section7A - Property not to be declared evacuee property on or after 7th May 1954 Section8 - Vesting of evacuee property in the Custodian Section9 - Power of Custodian to take possession of evacuee property vested in him Section10 - Powers and duties of the Custodian generally Section10A - Power to recover rent or damages in respect of evacuee property vested in the Custodian Section11 - Special provisions with respect to certain trust properties Section12 - Power to vary or cancel leases or allotments of evacuee property Section12A - Special provisions with respect to transfer of tenancy rights of evacuees Section13 - Payments to Custodian to foe valid discharge Section14 - Recouping of expenditure by Custodian Section15 - Maintenance of accounts by Custodian Section16 - Restoration of evacuee property Chapter.....
List Judgments citing this sectionSmugglers and Foreign Exchange Manipulators Forfeiture of Property) Act, 1976 Section 10
Title: Procedure in Relation to Certain Trust Properties
State: Central
Year: 1976
.....ordinarily be less than thirty days, to explain the source of the money or other assets out of or by means of which such property was acquired or, as the case may be, the source of the money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 6 and all the other provisions of this Act shall apply accordingly. Explanation.For the purposes of this section "illegally acquired property", in relation to any property held in trust, includes (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor; (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions.
View Complete Act List Judgments citing this sectionRequisitioning and Acquisition of Immc Vable Property Act, 1952 Section 7
Title: Power to Acquire Requisitioned Property
State: Central
Year: 1952
.....at the expense of the Central Government and the Government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or (b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Central Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property. (4) Any decision or denomination of the Central Government under sub-section (3) shall be final and shall not be called in question in any Court. (5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and improvements of every description.
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