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Presidency-towns Insolvency Act, 1909 Complete Act - Bare Act

StateCentral Government
Year
Act Info:
Preamble1 - PRESIDENCY-TOWNS INSOLVENCY ACT, 1909
Section1 - Short title and commencement
Section2 - Definitions
Part I
Section3 - Courts having jurisdiction in insolvency
Section4 - Jurisdiction to be exercised by a single Judge
Section5 - Exercise of jurisdiction in chambers
Section6 - Delegation of powers to officers to officers of Court
Section7 - Power of Court to decide all questions arising in insolvency
Section8 - Appeals Appeals in insolvency
Part II
Section9 - Acts of insolvency Acts of insolvency
Section10 - Power to adjudicate
Section11 - Restrictions on jurisdiction
Section12 - Conditions on which creditor may petition
Section13 - Proceedings and order on creditors petition
Section14 - Conditions on which debtor may petition
Section15 - Proceedings and order on debtors petition
Section16 - Discretionary powers as to appointment of inter in receiver
Section17 - Effect of order of adjudication
Section18 - Stay of proceedings
Section18A - Control over insolvency proceedings in subordinate Courts
Section19 - Power to appoint special manager
Section20 - Advertisement of order of adjudication
Section21 - Power for Court to annul adjudication in certain cases
Section22 - Concurrent proceedings in Courts in India
Section23 - Proceedings on annulment
Section24 - Insolvents schedule
Section25 - Protection order
Section26 - Meeting of creditors
Section27 - Public examination of the insolvent
Section28 - Submission of proposal and acceptance by creditors
Section29 - Approval of proposal by Court
Section30 - Order on approval
Section31 - Power to re-adjudge debtor insolvent
Section32 - Limitation of effect of composition or scheme
Section33 - Duties of insolvent as to discovery and realization of property
Section34 - Arrest of insolvent
Section35 - Redirection of letters
Section36 - Discovery of Insolvents property
Section37 - Power to issue commissions
Section38 - Discharge of insolvent
Section39 - Cases in which the Court must refuse an absolute discharge
Section40 - Hearing of application for discharge
Section41 - Power to annul adjudication on failure to apply for discharge
Section42 - Renewal of application and variation of terms of order
Section43 - Duty of discharged insolvent to assist in realization of property
Section44 - Fraudulent settlements
Section45 - Effect of order of discharge
Part III
Section46 - Debts provable in insolvency
Section47 - Mutual dealings and set-off
Section48 - Rules as to proof of debts
Section49 - Priority of debts
Section50 - Rent due before adjudication
Section51 - Relation of assignees title
Section52 - Description of insolvents property divisible amongst creditors
Section53 - Restriction of rights of creditor under execution
Section54 - Duties of Court executing decree as to property taken in execution
Section55 - Avoidance of voluntary transfer
Section56 - Avoidance of preference in certain cases
Section57 - Protection of bona fide transactions
Section58 - Possession of property by official assignee
Section59 - Seizure of property of insolvent
Section60 - Appropriation of portion of pay or other income to creditors
Section61 - Vesting and transfer of property
Section62 - Disclaimer of onerous property
Section63 - Disclaimer of leaseholds
Section64 - Power to call on official assignee to disclaim
Section65 - Power for Court to rescind contract
Section66 - Power for Court to make vesting order in respect of disclaimed property
Section67 - Persons injured by disclaimer may prove
Section68 - Duty and powers of official assignee as to realization
Section69 - Declaration and distribution of dividends
Section70 - Joint and separate properties
Section71 - Calculation of dividends
Section72 - Right of creditor who has not proved debt before declaration of a dividend
Section73 - Final dividend
Section74 - No suit for dividend
Section75 - Power to allow insolvent to manage property, and allowance to insolvent for maintenance or service
Section76 - Right of insolvent so surplus
Part IV
Section77 - Appointment and removal of official assignees of insolvents estate
Section78 - Power to administer oath
Section79 - Duties as regards the insolvents conduct
Section80 - Duty to furnish list of creditors
Section81 - Remuneration
Section82 - Misfeasance
Section83 - Name under which to sue or be sued
Section84 - Office vacated by insolvency
Section85 - Discretionary powers and control thereof
Section86 - Appeal to Court
Section87 - Control of Court
Part V
Section88 - Committee of inspection
Section89 - Control of committee of inspection over official assignee
Part VI
Section90 - Power of the Court
Section91 - Consolidation of petitions
Section92 - Power to change carriage of petition
Section93 - Continuance of proceedings on death of debtor
Section94 - Power to stay proceedings
Section95 - Power to present petition against a partner
Section96 - Power to dismiss petition against some respondents only
Section97 - Separate insolvency petitions against partners
Section98 - Suits by official assignee and insolvents partners
Section99 - Proceedings in partnership name
Section100 - Warrants of Insolvency Courts
Part VII
Section101 - Limitation of appeals
Section101A - Exclusion of time in computation of period of limitation in certain cases
Part VIII
Section102 - Undischarged insolvent obtaining credit
Section103 - Punishment of insolvent for certain offences
Section103A - Disqualifications of insolvent
Section104 - Procedure on charge under section 103
Section105 - Criminal liability after discharge or composition
Part IX
Section106 - Summary administration in small cases
Part X
Section107 - Exemption of corporation, etc., from insolvency proceedings
Section108 - Administration in insolvency of estate of person dying insolvent
Section109 - Vesting of estate and mode of administration
Section110 - Payments or transfer by legal representatives
Section111 - Saving of jurisdiction of Administrator-General
Part XI
Section112 - Rules
Section113 - Sanction to rules
Section114 - Publication of Rules
Part XII
Section115 - Exemption from duty of transfers, etc., under this Act
Section116 - The Gazette to be evidence
Section117 - Swearing of affidavits
Section118 - Formal defect not to invalidate proceedings
Section119 - Application of Trustee Act to insolvency of trustee
Section120 - Certain provisions to bind the Government
Section121 - Savings for existing rights of audience
Section122 - Lapse and credit to Government of unclaimed dividends
Section123 - Claims to monies credited to Government under section 122
Section124 - Access to insolvents book
Section125 - Fees and percentages
Section126 - Courts to be auxiliary to each other
Section127 - Saving
ScheduleI - MEETINGS OF CREDITORS
ScheduleII - PROOF OF DEBTS
ScheduleIII - THIRD SCHEDULE


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