Bare Act Search Results

Transfer of Property Act, 1882 Section 91

Title: Persons Who May Sue for Redemption

State: Central

Year: 1882

1 [91. Persons who may sue for redemption Besides the mortgagor, any of thefollowing persons may redeem, or institute a suit for redemption of, themortgaged property, namely:- (a) any person (other than themortgagee of the interest sought to be redeemed) who has any interest in, orcharge upon, the property mortgaged or in or upon the right to redeem the same; (b) any surety for the payment ofthe mortgage-debt or any part thereof; or (c) any creditor of the mortgagor who has in asuit for the administration of his estate obtained a decree for sale of themortgaged property.] ________________________ 1 . Substituted by Act 20 of 1929 Section 46,for the original section.

Transfer of Property Act, 1882 Section 68

Title: Right to Sue for Mortgage-money

State: Central

Year: 1882

..... Provided that, in the case referred to in clause (a), atransferee from the mortgagor or from his legal representative shall not beliable to be sued for the mortgage-money. (2) Where a suit is brought underclause (a) or clause (b) of subsection (1), the court may, at its discretion,stay the suit and all proceedings therein, notwithstanding any contract to thecontrary, until the mortgagee has exhausted all his available remedies againstthe mortgaged property or what remains of it, unless the mortgagee abandons hissecurity and, if necessary, re-transfers the mortgaged property.] ________________________ 1. Substituted byAct 20 of 1929, Section 33, for the original section.

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.....

Transfer of Property Act, 1882 Chapter IV

Title: Of Mortgages of Immovable Property and Charges

State: Central

Year: 1882

.....times, at his request and at his own cost, and on payment of the mortgagee's costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.] Section 61 - Right to redeem separately or simultaneously 1 [61. Right to redeem separately or simultaneously A mortgagor who has executed two ormore mortgages in favour of the same mortgagee shall, in the absence of acontract to the contrary, when the principal money of any two or more of themortgages has become due, be entitled to redeem any one such mortgageseparately, or any two or more of such mortgages together.] ________________________ 1. Substituted byAct 20 of 1929, section 24 for the original section. Section 62 - Right of usufructuary mortgagor to recover possession In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 1 [together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], - (a) where the mortgagee is authorized to pay himself the.....

Presidency Small Cause Courts Act, 1882 Chapter IV

Title: Jurisdiction in Respect of Suits

State: Central

Year: 1882

.....of the Central Government {The words "the Crown Representative" were omitted by the A.O, 1950}, or the State Government;] (c) suits concerning any act ordered or done by any Judge or judicial officer in the execution of his office, or by any person in pursuance of any judgment or order of any Court or any such Judge or judicial officer; (d) suits for the recovery of immovable property; (e) suits for the partition of immovable property; (f) suits for the foreclosure or redemption of a mortgage of immovable property; (g) suits for the determination of any other right to or interest in immovable property; (h) suits for the specific performance or rescission of contracts; (i) suits to obtain an injunction; (j) suits for the cancellation or rectification of instruments; (k) suits to enforce a trust; (I) suits for a general average loss and suits on policies of insurance on sea-going vessels; (m) suits for compensation in respect of collisions on the high seas; (n) suits for compensation for the infringement of a patent, copyright or trade-mark; (o) suits for a dissolution of partnership or for an account of partnership-transactions; (p) suits for an account.....

Indian Trusts Act, 1882 Chapter VI

Title: Of the Rights and Liabilities of the Beneficiary

State: Central

Year: 1882

.....and negotiable instruments in the hands of a bona fide holder to whom they have passed in circulation, or shall be deemed to affect the Indian Contract Act, 1872 (9 of 1872) section 108, or the liability of a person to whom a debt or charge is transferred. Section 65 - Acquisition by trustee of trust-property wrongfully converted Where a trustee wrongfully sells or otherwise transfers trust-property and afterwards himself becomes the owner of the property, the property again becomes subject lo the trust, notwithstanding any want of notice on the part of intervening transferees in good faith for consideration. Section 66 - Right in case of blended property Where the trustee wrongfully mingles the trust-property with his own, the beneficiary is entitled to a charge on the whole fund for the amount due to him. Section 67 - Wrongful employment by partner-trustee of trust-property for partnership purposes If a partner, being a trustee, wrongfully employs trust-property in the business or on the account of the partnership, no other partner is liable therefor in his personal capacity to the beneficiaries, unless he had notice of the breach of trust. The partners having.....

Transfer of Property Act, 1882 Section 130

Title: Transfer of Actionable Claim

State: Central

Year: 1882

.....the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed section 131, pays B. The payment is valid, and C cannot sue A for the debt. (ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A's executor, subject to the proviso in sub-section (1) of section 130 and to the provisions of section 132. _____________________ 1. Inserted by Act 20 of 1929, Section 62 2. The words and figures "and notwithstanding anything contained in Section 123" Inserted by Act 38 of 1925, Section 2, omitted by Act 20 of 1929, Section 62. 3. Added by Act 4 of 1938, Section 121 (w.e.f. 1-7-1939).

Presidency Small Cause Courts Act, 1882 Complete Act

Title: Presidency Small Cause Courts Act, 1882

State: Central

Year: 1882

Preamble1 - PRESIDENCY SMALL CAUSE COURTS ACT, 1882 Chapter I Section1 - PRELIMINARY Section2 - [Repealed] Section3 - [Repealed] Section4 - Small Cause Court and Registrar defined Chapter II Section5 - Courts of Small Causes established Section6 - Court to be deemed under superintendence, etc., of High Court Section7 - Appointment of Judges Section8 - Rank and precedence of Judges Section8A - Performance of duties of absent Judge Section9 - Procedure and practice of Small Cause Court Section10 - Chief Judge to distribute business of Court Section11 - Procedure in case of difference of opinion Section12 - Seal to be used Section13 - Appointment of Registrar and other officers Section14 - Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees Section15 - Judge or other officer not to practise or trade Chapter III Section16 - Questions arising in suits, etc., under Act to be decided according to law administered by High Court Chapter IV Section17 - Local limits of jurisdiction of Court Section18 - Suits in which Court has jurisdiction Section18A - Plaintiff may abandon suit against defendant resident out of jurisdiction Section19 -.....

Presidency Small Cause Courts Act, 1882 Complete Act

State: Central

Year: 1882

.....officer appointed under this Act shall, during his continuance as such Judge or officer, either by himself or as a partner of any other person, practice or act, either directly or indirectly, as an advocate, attorney, vakil or other legal practitioner or be concerned, either on his own account of for any other person, or as the partner of any other person, in any trade or profession. Any such Judge or officer so practicing, acting or concerned shall be deemed o have committed an offence under section 168 of the Indian Penal Code (XLV of 1860) Nothing herein contained shall be deemed to prohibit any such Judge or officer from being a member of any company incorporated or registered under Royal Charter, Letters Patent, 1[Act of Parliament of the United Kingdom or Central Act or Provincial Act or 2[State Act]. CHAPTER 03: LAW ADMINISTERED BY THE COURT SECTION 16: QUESTION ARISING IN SUITS, ETC. UNDER ACT TO BE DECIDED ACCORDING TO LAW ADMINISTERED BY HIGH COURT All questions, other than questions relating to procedure or practice, which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and determined according to the law for the.....

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.....