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Home Bare Acts Phrase: section 45 Year: 1882 Page 1 of about 482 results (0.026 seconds)Sign-up to get more results
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Start Free TrialIndian Easements Act, 1882 Section 45
Title: Extinction by Destruction of Either Heritage
State: Central
Year: 1882
An easement is extinguished when either the dominant or the servient heritage is completely destroyed Illustration A has a right of way over a road running along the foot of a sea-cliff. The road is washed away by a permanent encroachment of the sea. A's easement is extinguished.
View Complete Act List Judgments citing this sectionINDIAN TRUSTS ACT, 1882 Section 45
Title: Suspension of trustee's powers by decree
State: Central
Year: 1882
Where a decree has been made in a suit for the execution of a trust, the trustee must not exercise any of his powers except inconformity with such decree, or with the sanction of the court by which the decree has been made, or, where an appeal against the decree is pending, of the appellate court.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 45
Title: Joint Transfer for Consideration
State: Central
Year: 1882
Where immoveable property is transferred for consideration to two or more persons and such consideration is paid out of a fund belonging to them in common, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property identical, as nearly as may be, with the interests to which they were respectively entitled in the fund; and, where such consideration is paid out of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property in proportion to the shares of the consideration which they respectively advanced. In the absence of evidence as to the interests in the fund to which they were respectively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 45
Title: Applicant, if Entitled to Possession, Not to Be Deemed Trespasser for Any Error in Proceedings.occupant May Sue for Compensation
State: Central
Year: 1882
When the applicant, at the time of applying for any such order as aforesaid, was entitled to the possession of such property, neither he nor any person acting in his behalf shall be deemed, on account of any error, defect or irregularity in the mode of proceeding to obtain possession there under, to be a trespasser; but any person aggrieved may bring a suit for the recovery of compensation for any damage which he has sustained by reason of such error, defect or irregularity: when no such damage is proved, the suit shall be dismissed; and when such damage is proved but the amount of the compensation assessed by the Court does not exceed ten rupees, the Court shall award to the plaintiff no more costs than compensation, unless the Judge who tries the case certifies that in his opinion full costs should be awarded to the plaintiff.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 88
Title: Advantage Gained by Fiduciary
State: Central
Year: 1882
.....a company, legal advisor, or other person bound in a fiduciary character to protect the interests of another person, by availing himself of his character, gains for himself any pecuniary advantage, or where any person so bound enters into any dealings under circumstances in which his own interests are, or may be, adverse to those of such other person and thereby gains for himself a pecuniary advantage, he must hold for the benefit of such other person the advantage so gained. Illustrations (a) A, an executor, buys a tan undervalue from B, a legatee, his claim under the will, B is ignorant of the value of the bequest. A musthold for the benefit of B the difference between the price and value. (b) A, a trustee, uses the trust- property for the purpose of his own business. A holds for the benefit of his beneficiary the profits arising from such user. (c) A, a trustee, retires from his trust in consideration of his successor paying him a sum of money. A holds such money for the benefit of his beneficiary. (d) A, a partner, buys land in his own name with funds belonging to the partnership. A holds such land for the benefit of the partnership. (e) A, a partner, employed on.....
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 77
Title: Trust How Extinguished
State: Central
Year: 1882
A trust is extinguished-- (a) when its purpose is completely fulfilled; or (b) when its purpose becomes unlawful; or (c) when the fulfilment of its purpose becomes impossible by destruction of the trust-property or otherwise; or (d) when the trust, being revocable, is expressly revoked.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 78
Title: Revocation of Trust
State: Central
Year: 1882
A trust created by will may be revoked at the pleasure of the testator. A trust otherwise created can be revoked only-- (a) where all the beneficiaries are competent to contract--by their consent; (b) where the trust has been declared by a non-testamentary instrument or by word of mouth--in exercise of a power of revocation expressly reserved to the author of the trust; or (c) where the trust is for the payment of the debts of the author of the trust, and has not been communicated to the creditors--at the pleasure of the author of the trust. Illustration A conveys property to B in trust to sell the sameand pay out of the proceeds the claims of A's creditors. A reserves no power of revocation. If no communication has been made to the creditors. A may revoke the trust But if the creditors are parties to the arrangement, the trust cannot be revoked without their consent.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 79
Title: Revocation Not to Defeat What Trustees Have Duly Done
State: Central
Year: 1882
No trust can be revoked by the author of the trust so as to defeat or prejudice what the trustees may have duly done in execution of the trust.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 80
Title: Where Obligation in Nature of Trust is Created
State: Central
Year: 1882
An obligation in the nature of a trust is created in the following cases.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 83
Title: Trust Incapable of Execution or Executed Without Exhausting Trust-property
State: Central
Year: 1882
Where a trust is incapable of being executed, or where the trust is completely executed without exhausting the trust-property, the trustee, in the absence of a direction to the contrary, must hold the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative. Illustrations (a) A conveys certain land to B -- "upon trust", and no trust is declared; or "upon trust to be thereafter declared", and no such declaration is ever made; or upon trusts that are too vague to be executed; or upon trust become incapable of taking effect; or "in trust for C", and C renounces his interest under the trust In each of these cases B holds the land for the benefits of A. (b) A transfers Rs.10,000 in the four per cents to B, in trust to pay the interest annually accruing due to C for her life. A dies. Then C dies. B holds the fund for the benefit of A's legal representative. (c) A conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes, and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail, and the ma
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