Bare Act Search Results

Legal Representatives Suits Act, 1855 Preamble 1

Title: Legal Representatives Suits Act, 1855

State: Central

Year: 1855

.....person " rep.by Act 9 of 1871, Sch.I.For limitation see now the Indian Limitation Act, 1908 (9 of 1908} Short title given by the Indian Short Titles Act, 1897 (14 of 1897). This Act has been declared to be in force in the whole of India, except Part B States and the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s.3. It has also been declared in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s.3 and Sch.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s.3 and Sch.; and in the Santhl Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), s.3. It has been declared, by notification under s.3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:- West Jalpaiguri............... See Gazette of India, 1881, Pt.I, p.74. The Districts of Hazaibagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899, Pt.I, p.44), and Mnbhum, and Pargana Dhalbhum.and .....

LEGAL REPRESENTATIVES' SUITS ACT, 1855 Complete Act

State: Central

Year: 1855

.....of certain wrongs which, according to the present law, do not survive to or against such executors, administrators or representatives. It is enacted as follows :- SECTION 01: EXECUTORS MAY SUE AND BE SUED IN CERTAIN CASES FOR WRONGS COMMITTED IN LIFETIME OF DECEASED An action may be maintained by the executors, administrators or representatives of any person deceased, for any wrong committed in the lifetime of such person, which has occasioned pecuniary loss to his estate, for which wrong an action might have been maintained by such person, so as such wrong shall have been committed within one year before his death4[* * *]; and the damages when recovered, shall be part of the personal estate of such person: and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death 5[* * *]; and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the English.....

Legal Representatives Suits Act, 1855 Section 2

Title: Death of Either Party Not Be Abate Suit. Proviso

State: Central

Year: 1855

No action commenced under the provisions of this Act shall abate by reason of the death of either party, but the same may be continued by or against the executors, administrators or representatives of the party deceased: Provided that, in any case in which any such action shall be continued against the executors, administrators or representatives of a deceased party, such executors, administrators or representatives may set up a want of assets as a defence to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them.

Legal Representatives Suits Act, 1855 Section 1

Title: Executors May Sue and Be Sued in Certain Cases for Wrongs Committed in Lifetime of Deceased

State: Central

Year: 1855

.....and the damages.when recovered, shall be part of the personal estate of such person; and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death {The words " and so as such action shall he commenced within two years after the committing of the wrong " rep by Act 9 of 1871, s.2.For limitation see now Act 9 of 1908.} ; and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the English law, be payable in like order of administration as the simple contract debts of such person.

Legal Representatives Suits Act, 1855 Complete Act

Title: Legal Representatives Suits Act, 1855

State: Central

Year: 1855

Preamble1 - LEGAL REPRESENTATIVES SUITS Act, 1855 Section1 - Executors may sue and be sued in certain cases for wrongs committed in lifetime of deceased Section2 - Death of either party not be abate suit. Proviso

Income Tax Act, 1961 Section 159

Title: Legal Representatives

State: Central

Year: 1961

.....legal representative shall be personally liable for any tax payable by him in his capacity as legal representative if, while his liability for tax remains undischarged, he creates a charge on or disposes of or parts with any assets of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted with. (5) The provisions of sub-section (2) of section 161, section 162 and section 167 shall, so far as may be and to the extent to which they are not inconsistent with the provisions of this section, apply in relation to a legal representative. (6) The liability of a legal representative under this section shall, subject to the provisions of sub-section (4) and sub-section (5), be limited to the extent to which the estate is capable of meeting the liability.

Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 36

Title: Death of Representative Watandar to Be Reported; Name of Heir to Be Registered

State: Maharashtra

Year: 1874

.....watandar in place of the watandar so deceased: Provided that-- (1) in determining who is the nearest heir for the purposes of this section the rule of lineal primogeniture shall be presumed to prevail in the watan family; (2) in any case where the deceased watandar was not a sole representative watandar, if his nearest heir is not a member of the branch of the family to which the deceased watandar belonged but is another representative watandar of the same watan or is a member of the branch of another representative watandar of the same watan, the share entered in the register against the name of the deceased watandar shall-- (a) if there is only one remaining representative watandar of the same watan who is descended from the same original watandar as the deceased, pass to that remaining representative watandar, (b) if there are more than one such remaining representative watandars, be divided among such remaining representative watandars in proportion to their shares and the register shall be corrected accordingly: (3) 2[if any person shall by production of a decree] of a competent Court, satisfy the Collector that he is entitled to have his name.....

Income Tax Act, 1961 Section 162

Title: Right of Representative Assessee to Recover Tax Paid

State: Central

Year: 1961

(1) Every representative assessee who, as such, pays any sum under this Act, shall be entitled to recover the sum so paid from the person on whose behalf it is paid, or to retain out of any moneys that may be in his possession or may come to him in his representative capacity, an amount equal to the sum so paid. (2) Any representative assessee, or any person who apprehends that he may be assessed as a representative assessee, may retain out of any money payable by him to the person on whose behalf he is liable to pay tax (hereinafter in this section referred to as the principal), a sum equal to his estimated liability under this Chapter, and in the event of any disagreement between the principal and such representative assessee or person as to the amount to be so retained, such representative assessee or person may secure from the Assessing Officer a certificate stating the amount to be so retained pending final settlement of the liability, and the certificate so obtained shall be his warrant for retaining that amount. (3) The amount recoverable from such representative assessee or person at the time of final settlement shall not exceed the amount specified in such.....

Bombay Hereditary Offices Act, 1874, (Maharashtra) Section 49

Title: Cases Where Collector, Instead of the Representative Watandar, Shall Appoint a Deputy

State: Maharashtra

Year: 1874

.....with any requisition of the Collector to serve in person or to appoint a deputy under section 42, 43, 47 or 48, within two months from the date thereof; (d) where the first person nominated by the representative watandar is rejected under section 45, and the second person nominated is also rejected under that section; (e) where the representative watandar declines to appoint a person as his deputy in accordance with section 53; (f) where a deputy appointed by the Collector under any of the above clauses dies or resigns.] ______________ 1. Sections 46, 47, 48 and 49 was substituted by section 2 of the Bombay Hereditary Offices Act, 1910 (Bom. 3 of 1910). 2. As to local repeal of sections 46 to 49, see Bom. 6 of 1887.

Bombay Industrial Relations Act, 1946, (Maharashtra) Section 31

Title: Registered or Representative Union to Continue to Be So for Altered Local Area for Some Time

State: Maharashtra

Year: 1946

.....contained in this Act, if there is any alteration in any local area or areas notified for the purposes of this Act,- (a) a registered or representative union entitled under this Act to appear or act as a representative of employees in an industry immediately before the alteration in the local area or areas concerned, or (b) where more than one registered or representative union are entitled to appear or act as representative of employees in an industry under this section, the union having the largest membership of employees employed in the industry, where by agreement of the other registered or representative unions or as determined by the Registrar after such inquiry as he thinks fit, shall be entitled to appear or act for the altered local area or areas, as the case may be, for a period of twelve months from the date on which such alteration is effected or if an application under section 13 is made within such period by such union or, any other union in the altered local area or areas, until the disposal of such application by the Registrar.] ______________________ 1. Section 31 was substituted for the original by Bom. 63 of 1953, s. 9.