Indian_Real_Estate_Law (2)
Indian Real Estate Laws 1941932), sec. 73 and Sch. II.] 243. Of Partnership.—[Rep.by the Indian Partnership Act,1932 (9 of 1932), sec. 73 and Sch. II.] 244. OfPartnership.—[Rep. by the Indian PartnershipAct, 1932 (9 of 1932), sec. 73 and Sch.II.] 245. Of Partnership.—[Rep. by the IndianPartnership Act, 1932 (9 of 1932), sec. 73 andSch. II.] 246. Of Partnership.—[Rep. by theIndian Partnership Act, 1932 (9 of 1932), sec.73 and Sch. II.] 247. Of Partnership.—[Rep.by the Indian Partnership Act, 1932 (9 of1932), sec. 73 and Sch. II.] 248. Of Partnership.—[Rep.by the Indian Partnership Act,1932 (9 of 1932), sec. 73 and Sch. II.] 249. OfPartnership.—[Rep. by the Indian PartnershipAct, 1932 (9 of 1932), sec. 73 and Sch.II.] 250. Of Partnership.—[Rep. by the IndianPartnership Act, 1932 (9 of 1932), sec. 73 andSch. II.] 251. Of Partnership.—[Rep. by theIndian Partnership Act, 1932 (9 of 1932), sec.73 and Sch. II.] 252. Of Partnership.—[Rep.by the Indian Partnership Act, 1932 (9 of1932), sec. 73 and Sch. II.] 253. Of Partnership.—[Rep.by the Indian Partnership Act,1932 (9 of 1932), sec. 73 and Sch. II.] 254. OfPartnership.—[Rep. by the Indian PartnershipAct, 1932 (9 of 1932), sec. 73 and Sch.II.] 255. Of Partnership.—[Rep. by the IndianPartnership Act, 1932 (9 of 1932), sec. 73 andSch. II.] 256. Of Partnership.—[Rep. by theIndian Partnership Act, 1932 (9 of 1932), sec.73 and Sch. II.] 257. Of Partnership.—[Rep.by the Indian Partnership Act, 1932 (9 of1932), sec. 73 and Sch. II.] 258. Of Partnership.—[Rep.by the Indian Partnership Act,1932 (9 of 1932), sec. 73 and Sch. II.] 259. OfPartnership.—[Rep. by the Indian PartnershipAct, 1932 (9 of 1932), sec. 73 and Sch.II.] 260. Of Partnership.—[Rep. by the IndianPartnership Act, 1932 (9 of 1932), sec. 73 andSch. II.] 261. Of Partnership.—[Rep. by theIndian Partnership Act, 1932 (9 of 1932), sec.73 and Sch. II.] 262. Of Partnership.—[Rep.by the Indian Partnership Act, 1932 (9 of1932), sec. 73 and Sch. II.] 263. Of Partnership.—[Rep.by the Indian Partnership Act,1932 (9 of 1932), sec. 73 and Sch. II.] 264. OfPartnership.—[Rep. by the Indian PartnershipAct, 1932 (9 of 1932), sec. 73 and Sch.II.] 265. Of Partnership.—[Rep. by the IndianPartnership Act, 1932 (9 of 1932), sec. 73 andSch. II.] 266. Of Partnership.—[Rep. by theIndian Partnership Act, 1932 (9 of 1932), sec.73 and Sch. II.] The Indian Contract Act, 1872SCHEDULE Enactments repealed.—[Rep. bythe Repealing and Amending Act, 1914 (10of 1914) sec. 3 and Sch. II.] 1. Subs. byAct 3 of 1951, sec. 3 and Sch., for “exceptPart B States”. 2. The words “The enactmentsmentioned in the Schedule hereto arerepealed to the extent specified in the thirdcolumn thereof, but” rep. by Act 10 of 1914,sec. 3 and Sch. II. 3. Subs. by Act 3 of 1951,sec. 3 and Sch., for “Part A States and PartC States”. Earlier the words “Part A Statesand Part C States” were substituted by theA.O. 1950, for the words “the Provinces”. 4.See e.g., sec. 25, the Copyright Act, 1957 (14of 1957), section 19, the Carriers Act, 1865 (3of 1865) sections 6 and 7; the Companies Act,1956 (1 of 1956) sections 12, 30, 46 and 109. 5.See the Indian Majority Act, 1875 (9 of 1875).tc" 1. See the Indian Majority Act, 1875 (9 of1875)." 6. Subs. by Act 6 of 1899, sec. 2, forsection 16. 7. Cf. section 238, infra. tc" 1. Cf.section 238, infra." 8. See section 143, infra.tc" 1. See section 143, infra." 9. The words“undue influence” rep. by Act 6 of 1899, sec.3. tc" 1. The words “undue influence” rep. byAct 6 of 1899, sec. 3." 10. Ins. by Act 6 of1899, sec. 3. 11. The original words “BritishIndia” have successively been amended by theA.O. 1948 and the A.O. 1950 to read as above.12. Paragraph 2 omitted by the A.O. 1950.Earlier paragraph 2 was inserted by the A.O.1937. 13. The second Illustration rep. by Act24 of 1917, sec. 3 and Sch. II. 14. See sections26, 27, 28 and 30, infra. tc" 1. See sections26, 27, 28 and 30, infra." 15. Subs. by Act 12of 1891, sec. 2 and Sch. II, Pt. I, for “assurances”.16. Exceptions 2 and 3 rep. by Act 9of 1932, sec. 73 and Sch. II. tc" 1. Exceptions2 and 3 rep. by Act 9 of 1932, sec. 73 andSch. II." 17. Subs. by Act 1 of 1997, sec. 2,for certain words (w.e.f. 8-1-1997). 18. Thesecond clause of Exception 1 rep. by Act 1 of1877, sec. 2 and Sch. 19. Cf. the ArbitrationAct, 1940 (10 of 1940) and the Companies Act,1956 (1 of 1956), section 389. 20. Subs. byAct 12 of 1891, sec. 2 and Sch. II Pt. I, for6.6 6. THE INDIAN CONTRACT ACT, 1872
195 Indian Real Estate Laws“one”. tc" 1. Subs. by Act 12 of 1891, sec. 2and Sch. II Pt. I, for “one”." 21. See section138. infra. tc" 2. See section 138. infra." 22.For an exception to section 45 in case of Governmentsecurities, see the Public Debt Act,1944 (18 of 1944), section 8. 23. See section73, infra. tc" 1. See section 73, infra." 24. Cf.sections 62 and 63, infra. tc" 1. Cf. sections62 and 63, infra." 25. See section 65, infra. tc"2. See section 65, infra." 26. But See section135, infra. tc" 1. But See section 135, infra."27. See section 41, supra. tc" 2. See section41, supra." 28. Subs. by Act 12 of 1891, sec.2 and Sch. II, Pt. I, for “compensation”. 29.See section 75, infra. tc" 2. See section 75, infra."30. See sections 3 and 5, supra. tc" 1. Seesections 3 and 5, supra." 31. The property ofa Government ward in Madhya Pradesh is notliable under this section; see the C.P. Court ofWards Act, 1899 (C.P. Act 24 of 1899), section31(I). 32. As to suits by minors under section70 in Presidency Small Clause Courts, see thePresidency Small Cause Courts Act, 1882 (15of 1882), section 32. 33. See sections 151 and152, infra. 34. Subs. by Act 6 of 1899, sec.4, for the first paragraph. 35. Subs. by theA.O. 1937, for “Government of India ”. 36.Subs. by the A.O. 1950, for “Provincial Government”.37. Ins. by Act 6 of 1899, sec. 4(2).38. Ins. by Act 24 of 1917, sec. 2 and Sch. I.tc" 1. Ins. by Act 24 of 1917, sec. 2 and Sch.I." 39. See section 44, supra. tc" 1. See section44, supra." 40. See section 43, supra. tc" 1.See section 43, supra." 41. The responsibilityof the Trustees of the Port of Madras constitutedunder the Madras Port Trust Act, 1905(Madras Act 2 of 1905), in regard to goodshas been declared to be that of a bailee underthese sections, without the qualifying words“in the absence of any special contract” in section152, see section 40(1) of that Act. tc" 1.The responsibility of the Trustees of the Portof Madras constituted under the Madras PortTrust Act, 1905 (Madras Act 2 of 1905), inregard to goods has been declared to be thatof a bailee under these sections, without thequalifying words “in the absence of any specialcontract” in section 152, see section 40(1) ofthat Act." 42. As to railway contracts see theIndian Railways Act, 1890 (9 of 1890), section72. [Ed. The Indian Railways Act, 1890 (9 of1890) has been repealed by the Railways Act,1989 (24 of 1989), sec. 200.] As to the liabilityof common carriers, see the Carriers Act, 1865(3 of 1865), section 8. tc" 2. As to railway contractssee the Indian Railways Act, 1890 (9 of1890), section 72. [Ed. The Indian RailwaysAct, 1890 (9 of 1890) has been repealed bythe Railways Act, 1989 (24 of 1989), sec. 200.]As to the liability of common carriers, see theCarriers Act, 1865 (3 of 1865), section 8." 43.The responsibility of the Trustees of the Portof Madras constituted under the Madras PortTrust Act, 1905 (Madras Act 2 of 1905), inregard to goods has been declared to be thatof a bailee under these sections, without thequalifying words “in the absence of any specialcontract” in section 152, see section 40(1)of that Act. tc" 1. The responsibility of theTrustees of the Port of Madras constituted underthe Madras Port Trust Act, 1905 (MadrasAct 2 of 1905), in regard to goods has beendeclared to be that of a bailee under these sections,without the qualifying words “in the absenceof any special contract” in section 152,see section 40(1) of that Act." 44. Section 161has been declared to apply to the responsibilityof the Trustees of the Port of Madras as togoods in their possession see the Madras PortTrust Act, 1905 (Madras Act 2 of 1905). tc"1. Section 161 has been declared to apply tothe responsibility of the Trustees of the Port ofMadras as to goods in their possession see theMadras Port Trust Act, 1905 (Madras Act 2of 1905)." 45. As to Railway contracts, see theIndian Railways Act, 1890 (9 of 1890), section72 [Ed. The Indian Railways Act, 1890 (9 of1980) has been repealed by the Railways Act,1989 (24 of 1989), sec. 200.] tc" 2. As to Railwaycontracts, see the Indian Railways Act,1890 (9 of 1890), section 72 [Ed. The IndianRailways Act, 1890 (9 of 1980) has been repealedby the Railways Act, 1989 (24 of 1989),sec. 200.]" 46. Section 161 has been declaredto apply to the responsibility of the Trusteesof the Port of Madras as to goods in their possessionsee the Madras Port Trust Act, 1905(Madras Act 2 of 1905). tc" 1. Section 161has been declared to apply to the responsibilityof the Trustees of the Port of Madras as to6. THE INDIAN CONTRACT ACT, 1872 6.6
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195 Indian Real Estate Laws
“one”. tc" 1. Subs. by Act 12 of 1891, sec. 2
and Sch. II Pt. I, for “one”." 21. See section
138. infra. tc" 2. See section 138. infra." 22.
For an exception to section 45 in case of Government
securities, see the Public Debt Act,
1944 (18 of 1944), section 8. 23. See section
73, infra. tc" 1. See section 73, infra." 24. Cf.
sections 62 and 63, infra. tc" 1. Cf. sections
62 and 63, infra." 25. See section 65, infra. tc"
2. See section 65, infra." 26. But See section
135, infra. tc" 1. But See section 135, infra."
27. See section 41, supra. tc" 2. See section
41, supra." 28. Subs. by Act 12 of 1891, sec.
2 and Sch. II, Pt. I, for “compensation”. 29.
See section 75, infra. tc" 2. See section 75, infra."
30. See sections 3 and 5, supra. tc" 1. See
sections 3 and 5, supra." 31. The property of
a Government ward in Madhya Pradesh is not
liable under this section; see the C.P. Court of
Wards Act, 1899 (C.P. Act 24 of 1899), section
31(I). 32. As to suits by minors under section
70 in Presidency Small Clause Courts, see the
Presidency Small Cause Courts Act, 1882 (15
of 1882), section 32. 33. See sections 151 and
152, infra. 34. Subs. by Act 6 of 1899, sec.
4, for the first paragraph. 35. Subs. by the
A.O. 1937, for “Government of India ”. 36.
Subs. by the A.O. 1950, for “Provincial Government”.
37. Ins. by Act 6 of 1899, sec. 4(2).
38. Ins. by Act 24 of 1917, sec. 2 and Sch. I.
tc" 1. Ins. by Act 24 of 1917, sec. 2 and Sch.
I." 39. See section 44, supra. tc" 1. See section
44, supra." 40. See section 43, supra. tc" 1.
See section 43, supra." 41. The responsibility
of the Trustees of the Port of Madras constituted
under the Madras Port Trust Act, 1905
(Madras Act 2 of 1905), in regard to goods
has been declared to be that of a bailee under
these sections, without the qualifying words
“in the absence of any special contract” in section
152, see section 40(1) of that Act. tc" 1.
The responsibility of the Trustees of the Port
of Madras constituted under the Madras Port
Trust Act, 1905 (Madras Act 2 of 1905), in
regard to goods has been declared to be that
of a bailee under these sections, without the
qualifying words “in the absence of any special
contract” in section 152, see section 40(1) of
that Act." 42. As to railway contracts see the
Indian Railways Act, 1890 (9 of 1890), section
72. [Ed. The Indian Railways Act, 1890 (9 of
1890) has been repealed by the Railways Act,
1989 (24 of 1989), sec. 200.] As to the liability
of common carriers, see the Carriers Act, 1865
(3 of 1865), section 8. tc" 2. As to railway contracts
see the Indian Railways Act, 1890 (9 of
1890), section 72. [Ed. The Indian Railways
Act, 1890 (9 of 1890) has been repealed by
the Railways Act, 1989 (24 of 1989), sec. 200.]
As to the liability of common carriers, see the
Carriers Act, 1865 (3 of 1865), section 8." 43.
The responsibility of the Trustees of the Port
of Madras constituted under the Madras Port
Trust Act, 1905 (Madras Act 2 of 1905), in
regard to goods has been declared to be that
of a bailee under these sections, without the
qualifying words “in the absence of any special
contract” in section 152, see section 40(1)
of that Act. tc" 1. The responsibility of the
Trustees of the Port of Madras constituted under
the Madras Port Trust Act, 1905 (Madras
Act 2 of 1905), in regard to goods has been
declared to be that of a bailee under these sections,
without the qualifying words “in the absence
of any special contract” in section 152,
see section 40(1) of that Act." 44. Section 161
has been declared to apply to the responsibility
of the Trustees of the Port of Madras as to
goods in their possession see the Madras Port
Trust Act, 1905 (Madras Act 2 of 1905). tc"
1. Section 161 has been declared to apply to
the responsibility of the Trustees of the Port of
Madras as to goods in their possession see the
Madras Port Trust Act, 1905 (Madras Act 2
of 1905)." 45. As to Railway contracts, see the
Indian Railways Act, 1890 (9 of 1890), section
72 [Ed. The Indian Railways Act, 1890 (9 of
1980) has been repealed by the Railways Act,
1989 (24 of 1989), sec. 200.] tc" 2. As to Railway
contracts, see the Indian Railways Act,
1890 (9 of 1890), section 72 [Ed. The Indian
Railways Act, 1890 (9 of 1980) has been repealed
by the Railways Act, 1989 (24 of 1989),
sec. 200.]" 46. Section 161 has been declared
to apply to the responsibility of the Trustees
of the Port of Madras as to goods in their possession
see the Madras Port Trust Act, 1905
(Madras Act 2 of 1905). tc" 1. Section 161
has been declared to apply to the responsibility
of the Trustees of the Port of Madras as to
6. THE INDIAN CONTRACT ACT, 1872 6.6