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Start Free TrialTransfer of Property Act, 1882 Section 6
Title: What May Be Transferred
State: Central
Year: 1882
.....transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) 6 [for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872)] or (3) to a person legally disqualified to be transferee; 7 [(i) Nothing in this section shall be deemed to authorize a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.] ________________________ 1. Inserted by Act 20 of 1929, Section 6. 2. The words "for compensation for a fraud or for harm illegally caused" omitted by Act 2 of 1900, Section 3. 3. Inserted by Act 35 of 1934, Section 2 and Schedule. 4. Inserted by Act 10 of 1927, Section 2 and Schedule I. 5. The word "Government" successively Substituted by the A.O.1937 and the A.O.1950 to read as above. 6. Substituted by Act 2 of 1900, Section 3, for "for an illegal purpose". 7. Added by Act 3 of 1885, Section 4.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 6
Title: Court to Be Deemed Under Superintendence, Etc., of High Court
State: Central
Year: 1882
.....dated the twenty-eighth day of December, 1865, for such High Courts, and within the meaning of the {See now the Code of Civil Procedure, 1908 (Act 5 of 1908)} Code of Civil Procedure (14 of 1882) { Inserted by Act 1 of 1895, section 2}[and to be a Court subordinate to the High Court within the meaning of section 6 of the Legal Practitioners Act, 1879 (18 of 1879)], and the High Court shall have, in respect of the Small Cause Court, the same powers as it has under the {The Indian High Courts Act, 1861, was repealed by the G.of I.Act, 1915.See now the Constitution of India, Art.227}twenty-fourth and twenty-fifth of Victoria, Chapter 104, section 15, in respect of Courts subject to its appellate jurisdiction. {Substitute by the A.O.1937 for the original section 7.Cf.Constitution of India, Arts.233-236.} _______________________ 1. Substituted for the words "the High Court at Judicature at Fort William" by the Presidency Small Cause Courts (West Bengal Amendment) Act 1958 w.e.f. 01-11-1958.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Chapter VI
Title: New Trials and Appealssnew Trials and Appealssnew Trials and Appealssnew Trials and Appealss
State: Central
Year: 1882
Substituted by Act 1 of 1895 section 13 for the original Chapter VI.
View Complete Act List Judgments citing this sectionPowers of Attorney Act, 1882 Section 6
Title: [Repealed]
State: Central
Year: 1882
[Act 28 of 1866, section 39, repealed] by the Amending Act, 1891 (12 of 1891).
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Section 6
Title: Easement for Limited Time or on Condition
State: Central
Year: 1882
An easement may be permanent, or for a term of years or other limited period, or subject to periodical interruption, or exercisable only at a certain place, or at certain times, or between certain hours, or for a particular purpose, or on condition that it shall commence or become void or voidable on the happening of a specified event or the performance or non-performance of a specified Act.
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Chapter 6
Title: Licenses
State: Central
Year: 1882
.....licence is granted for a specified purpose and the purpose is attained or abandoned, or becomes impracticable; (g) where the licence is granted to the licensee as holding a particular office, employment or character, and such office,employment or character ceases to exist; (h) where the licence totally ceases to be used as such for an unbroken period of twenty years, and such cessation is not inpursuance of a contract between the grantor and the licensee; (i) in the case of an accessory licence, when Ihe interest or right to which it is accessory to exist. Section 63 - Licensee's rights on revocation Where a licence is revoked, the licensee is entitled to a reasonable time to leave the property affected thereby and to remove any goods which he has been allowed to place on such property. Section 64 - Licensee's rights on eviction Where a licence has been granted for a consideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the licence, the right for which he contracted, he is entitled to recover compensation from the grantor.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 6
Title: Creation of Trust
State: Central
Year: 1882
Subject to the provisions of section 5, a {rust is created when the author of the trust indicates with reasonable certainly by any words or acts (a) an intention on his part to create thereby a trust, (b) the purpose of the trust, (c) the beneficiary, and (d) the trust-property, and (unless the trust is declared by will or the author of the trust is himself to be the trustee) transfers the I rust -property to the trustee. Illustrations (a) A bequeaths certain properly to B, "having the fullest confidence that lie will dispose of it for the benefit of "C. This creates a trust so far as regards. A and C. (b) A bequeaths certain property to B, "hoping he will continue it in the family". This does not create a trust, as the beneficiary is not indicated with reasonable certainty. (c) A bequeaths certain property to B, requesting him to distribute it amongst such members of C's family as /(should think most deserving This does not create a trust, for the beneficiaries are not indicated with reasonable certainty. (d) A bequeaths certain properly to B, desiring him to divide the bulk of it among C's children. This does not create a trust, for the trust-property is not.....
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Chapter VI
Title: Of Exchanges
State: Central
Year: 1882
.....intention appears from the terms of the exchange, such other party is liable to him or any person claiming through or under him for loss caused thereby, or at the option of the person so deprived, for the return of the thing transferred, if still in the possession of such other party or his legal representative or a transferee from him without consideration . ] ___________________ 1. Substituted by Act 20 of 1929, section 59, for the original section. Section 120 - Rights and liabilities of parties Save as otherwise provided in this Chapter, each party has Rights the rights and is subject to the liabilities of a seller as to that which he gives, and has the rights and is subject to the liabilities of a buyer as to that which he takes. Section 121 - Exchange of money On an exchange of money, each party thereby warrants the genuineness of the money given by him.
View Complete Act List Judgments citing this sectionTransfer 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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