Beruflich Dokumente
Kultur Dokumente
Apportion
ment
SECTION 36; Transfer of
Property Act 1882
Saveeza Kabsha
TRANSFER OF PROPERTY ACT 1
TABLE OF CONTENTS
02
2. Ingredients
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2.2. All rents, annuities, pensions, dividends and other periodical payments in
………………………………………………………………..02
2.3. Upon the transfer of the interest of the person entitled to receive such
payments…...……………………………………………………………………02
2.4. To accrue due from day to day, and to be apportionable accordingly, but
appointed………………………………………………02
3. Analysis
……………………………………………………………………………...03
……………………………………………………………..03
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TRANSFER OF PROPERTY ACT 2
………………….......04
5. References
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TRANSFER OF PROPERTY ACT 3
person entitled
In the absence of a contract or local usage to the contrary, all rents, annuities,
pensions, dividends and other periodical payments in the nature of income shall, upon
the transfer of the interest of the person entitled to receive such payments, be deemed,
as between the transferor and the transferee, to accrue due from day to day, and to be
apportionable accordingly, but to be payable on the days appointed for the payment
thereof.1
2. Ingredients
This part of section implies that section 36 of Transfer of Property Act 1882 is
2.2. All rents, annuities, pensions, dividends and other periodical payments in
It implies that this section deals with periodical payments, not the bulk payment.
2.3. Upon the transfer of the interest of the person entitled to receive such
payments
It implies that that periodical payments referred in this section are those that are
2.4. To accrue due from day to day, and to be apportionable accordingly, but
This part actually is what deals with apportionment. It tells that the periodical
1
TRANSFER OF PROPERTY ACT 1882
TRANSFER OF PROPERTY ACT 4
payment would be divided between time intervals and be done after agreed
intervals.
3. Analysis
This section deals with the cases of lease, instalments, hire to purchase, pensions
where the whole amount is not paid at once, rather divided between time intervals.
The section bounds the transferee to make such due payments on appointed days.
Moreover, the whole payment will be divided (apportioned) between such intervals.
The law would presume application of section 36 in case there is no other contrary
4. Case Laws
Appellant has to share his burden but definitely not alone-he seems to have
disputed number of trees, which were ultimate worked out but does not appear to
have produced any copy of list which he ought to have maintained, if he had
subscribed to same-matter, therefore, was eminently fit for further enquiry but in
purview of enquiry should have been associated all others, who had any role to
play-such, at all events, can be ensured now and acquisition officers may also be
why such a serious matter was taken up so belatedly and which of functionaries
appellate authority and service tribunal, (remand and inquiry afresh) following
thereupon, court expect that during interregnum appellant would not be denied his
2
PLJ 1999 Supreme Court 1105
TRANSFER OF PROPERTY ACT 5
in course of time-appeal is dismissed, but dismissal would not carry any costs.
amount also being payable under law within period of 3 years, imprisonment of
circumstances.
Appeal shall only lie from award or any part of award but impugned order does
not amount to an award, so appeal is not competent-term 'award' has not been
award or part of award-held: impugned order is not appealable and appeal being
It appears that president had suggested to prime minister to get rid of some
do but then changed his mind and adopted tone and tenor of defiance-held:
background and fact that such a situation is created bringing about deadlock and
3
PLJ 1983 Cr.C 61
4
PLJ 1990 Peshawar High Court 50
5
PLJ 1993 Supreme Court 438
TRANSFER OF PROPERTY ACT 6
5. References
PLJ 1983 Cr.C 61
PLJ 1993 Supreme Court 438