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Evacuee Interest (Separation) Act, 1951 Complete Act

State: Central

Year: 1951

.....used, but not defined in this Act and defined in the (Administration Evacuee Property Act, 1950), shall have the meanings assigned to them in that Act. SECTION 3: Act to override other laws: Save as otherwise expressly provided in this Act, the provisions of this Act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law. CHAPTER 2: SEPARATION OF EVACUEE INTEREST IN COMPOSITE PROPERTY: SECTION 4: Power to appoint competent officers: (1) The State Government may with the approval of the Central Government, by notification in the Official Gazette, appoint as many competent officers as may be necessary for the purpose of performing the functions assigned to them by or under this Act, and a competent officer may perform his functions in such local area or areas as may be specified in the notification. (2) No person shall be qualified to be appointed as a competent officer under this Act unless he has held a judicial office for at least five years, or has been an advocate or a pleader for at least seven.....

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The Evacuee Interest (Separation) Act, 1951 Complete Act

State: Haryana

Year: 1951

.....defined in this Act and defined in the Administration of Evacuee Property Act, 1950 (XXXI of 1950), shall have the meanings assigned to them in that Act. 3. Act to over ride other laws. Save as otherwise expressely provided in this Act, the provisions of this Act and of the rules and orders made thereunder shall have effect notwithstanding any thing inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law. CHAPTER II Separation of Evacuee Interest in Composite Property 4. Power to appoint competent officers. (1) The State Government may, with the ap proval of the Central Government, by notification in the Official Gazette, appoint as many competent officers as may be necessary for the purpose of performing the func tions assigned to them by or under this Act, and a compe tent officer may perform his functions in such local area or areas as may be specified in the notification. (2) No person shall be qualified to be appointed as a competent officer under this Act unless he has held a judi cial office for at least five years, or has been an advocate or a pleader for at least seven.....

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Evacuee Interest Separation Act 1951 [Repealed] Chapter I

Title: Preliminary

State: Central

Year: 1951

.....of calculating the principal money in relation to any mortgage deed which has been executed by way of renewal of a prior mortgage deed, any sum of money advanced at the time of such renewal in addition to the sum of money which was due on the prior mortgage deed shall also be taken into account. (i) all words and expressions used but not defined in this Act and defined in the Administration of Evacuee Property Act, 1950 (XXXI of 1950), shall have the meanings assigned to them in that Act. Section 3 - Act to over-ride other laws Save as otherwise expressly provided in this Act, the provisions of this Act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any such law.

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Evacuee Interest Separation Act 1951 [Repealed] Section 2

Title: Definitions

State: Central

Year: 1951

.....been confirmed by the Custodian under the Administration of Evacuee Property Act, 1950 (XXXI of 1950); (g) "prescribed" means prescribed by the rules made under this Act; (h) "principal money", in relation to a mortgage deed executed by an evacuee, means----- (i) in the case of a mortgage deed which has not been executed by way of renewal of a prior mortgage deed, the sum of money advanced by way of loan at the time of the execution of the mortgage deed; (ii) in the case of a mortgage deed which has been executed at any time before the 1st day of January, 1940, by way of renewal of a prior mortgage deed the consideration for which the renewed mortgage deed was executed; (iii) in the case of a mortgage deed which has been executed at any time after the 1st day of January, 1940, by way of renewal of a prior mortgage deed executed before that date, the sum of money which became due on the 1st day of January, 1940, on account of the money advanced on the prior mortgage deed and interest thereon up to the said date; (iv) in the case of a mortgage deed which was executed at any time after the 1st day of January, 1940, by way of renewal of a prior mortgage deed which was.....

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Karnataka Land Reforms Act, 1961 Section 26

Title: Tenancy in Abeyance During Usufructuary Mortgage in Favour of Tenant

State: Karnataka

Year: 1961

If any land is mortgaged by a landlord by way of a usufructuary mortgage to a tenant cultivating such land, the tenancy of such land shall be in abeyance during the period the mortgage subsists. After the expiry of the said period it shall be lawful to the tenant to continue to hold the land on the terms and conditions on which he held it before the mortgage was created.

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West Bengal Land Reforms Act, 1955 Complete Act

State: West Bengal

Year: 1955

.....of his own interest therein, but does not include the right of the bargadar to cultivate the land of the holding; 1010. Clause (7) subs. by W.B. Act Act 50 of 1981, which was earlier as under: "(7) "land" means agricultural land other than land comprised in a tea- garden which is retained under sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953, and includes home-steads but does not include tank. Explanation: "Homestead" shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953.'. (7) "land" means land of every description and includes tank, tank-fishery, fishery, homestead, or land used for the purpose of livestock breeding, poultry farming, dairy or land comprised in tea garden, mill, factory, workshop, orchard, hat, bazar, ferries, tolls or land having any other sairati interests and any other land together with all interests, and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth; (8) "Personal cultivation" means cultivation by a person of his own land on his own account (a) by his own labour, or (b) by the labour of any member of his family, or (c) by.....

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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.....

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Bengal Alienation of Agricultural Land (Temporary Provisions) Act, 1944 Complete Act

State: West Bengal

Year: 1944

.....when used with reference to a proprietor or tenure-holder, means any land which on the date of the transfer of such land by sale referred to in sub-section (1) of section 4 was comprised in the estate or tenure, as the case may be, of, and held in khas by, the proprietor or tenure-holder who made such transfer; and (b) when used with reference to a raiyat or under-raiyat means a holding or a part of a holding of such raiyat or under- raiyat', (2) "Collector" means the Collector of a district or any other officer appointed by the 22. Word subst. by the Adaptation of Laws Order, 1950. [State] Government to discharge the functions of Collector under this Act; (3) "complete usufructuary mortgage" means a transfer of the right of possession in any land for the purpose of securing the payment of the mortgage debt upon the condition that the said debt shall be deemed to be extinguished by the profits arising from the during the period of the mortgage; (4) "prescribed" means prescribed by rules made under this Act; (5) "Proprietor," "tenure-holder," "raiyat", "under-raiyat," "landlord," "estate," "tenure," "holding" and "imoprovement" have the same meanings as they have in the.....

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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.....

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Transfer of Property Act, 1882 Section 58

Title: Mortgage, Mortgagor, Mortgagee, Mortgage-money and Mortgage-deed Defined

State: Central

Year: 1882

.....by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.] ________________________ 1. Inserted by Act 20 of 1929, Section 19. 2. Substituted by Act 20 Section 19, for "and to appropriate them". 3. Substituted by Act 20 1929 Section 19, for "and". 4. Added by Act 20 of 1929, Section 19. 5. Substituted by the A.O. 1948, for "Bombay and Karachi". The word "and" had been Inserted by the A.O. 1937. 6. The words " Rangoon, Moulmein, Bassein and Akyab" omitted by the A.O. 1937. 7. For notifications relating to the towns of-Ahmedabad, see Gazette of India, 1935, Pt. I, p. 936, Bandra, Kurla and Ghatkoper Kirol, see Gazette of India, 1924, Pt. I, p.1064,Cawnpore, Allahabad and Lucknow, see Gazette of India, 1938, Pt. I, p.158. Coimbatore, Madura, Cocanada and Cochin, see Gazette of India, 1935, Pt. I, p. 526. 8. The words "Governor General in Council." successively amended by the A.O. 1937 and the A.O. 1950 to read as above.

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