Title : Verification of Petition
State : Central
Year : 1920
Every insolvency petition shall be in writing and shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for signing and verifying plaints. View Complete Act List Judgments citing this sectionTitle : Contents of Petition
State : Central
Year : 1920
(1) Every insolvency petition presented by a debtor shall contain the following particulars, namely: (a) a statement that the debtor is unable to pay his debts; (b) the place where he ordinarily resides or carries on business or personally works for gain, or, if he has been arrested or imprisoned, the place where he is in custody; (c) the Court (if any) by whose order he has been arrested or imprisoned, or by which an order has been made for the attachment of his property, together with particulars of the decree in respect of which any such order has been made; (d) the amount and particulars of all pecuniary claims against him, together with the names and residences of his creditors so far as they are known to, or can by the exercise of reasonable care and diligence be..... View Complete Act List Judgments citing this sectionTitle : Withdrawal of Petitions
State : Central
Year : 1920
No petition, whether presented by a debtor or by a creditor, shall be withdrawn without the leave of the Court. View Complete Act List Judgments citing this sectionTitle : Consolidation of Petitions
State : Central
Year : 1920
Where two or more insolvency petitions are presented against the same debtor, or where separate petitions are presented against Joint debtors, the Court may consolidate the proceedings or any of them, on such terms as the Court thinks fit. View Complete Act List Judgments citing this sectionTitle : Power to Change Carriage of Proceedings
State : Central
Year : 1920
Where the petitioner does not proceed with due diligence on this petition, the Court may substitute as petitioner any other creditor to whom the debtor may be indebted in the amount required by p this Act in the case of a petitioning creditor. View Complete Act List Judgments citing this sectionTitle : Continuance of Proceedings on Death of Debtor
State : Central
Year : 1920
If a debtor by or against whom an insolvency petition has been presented dies, the proceedings in the matter shall, unless the Court otherwise orders, be continued so far as may be necessary for the realisation and distribution of the property of the debtor. View Complete Act List Judgments citing this sectionTitle : Procedure for Administration of Petition
State : Central
Year : 1920
The procedure laid down in the Code of Civil Procedure, 1908 (5 of 1908), with respect to the admission of plaints, shall, so far as it is applicable, be followed in the case of insolvency petitions. View Complete Act List Judgments citing this sectionTitle : Procedure on Admission of Petition
State : Central
Year : 1920
(1) Where an insolvency petition is admitted, the Court shall make an order fixing a date for hearing the petition. (2) Notice of the order under sub-section (1) shall be given to creditors in such manner as may be prescribed. (3) Where the debtor is not the petitioner, notice of the order under sub-section (1) shall be served on him in the manner provided for the service of summons. View Complete Act List Judgments citing this sectionTitle : Appointment of Interim Receiver
State : Central
Year : 1920
The Court when making an order admitting the petition may, and where the debtor is the petitioner ordinarily shall, appoint an interim receiver of the property of the debtor or of any part thereof, and may direct him to take immediate possession thereof or of any part thereof, and the interim receiver shall thereupon have such of the powers conferrable on a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908), as the Court may direct.If an interim receiver is not so appointed, the Court may make such appointment at any subsequent time before adjudication, and the provisions of {Subs.by Act 34 of 1939, s.2 and Sch.I, for "this sub-section"} [this section] shall apply accordingly. View Complete Act List Judgments citing this sectionTitle : Interim Proceedings Against Debtor
State : Central
Year : 1920
At the time of making an order admitting the petition or at any subsequent time before adjudication the Court may either of its own motion or on the application of any creditor make one or more of the following orders, namely: (1) order the debtor to give reasonable security for his appearance until final orders are made upon the petition, and direct that, in default of giving such security, he shall be detained in the civil prison; (2) order the attachment by actual seizure of the whole or any part of the property in the possession or under the control of the debtor, other than such particulars (not being his books of account) as are exempted by the Code of Civil Procedure, 1908 (5 of 1908), or by any other enactment for the time being in force from liability to attachment and sale..... View Complete Act List Judgments citing this section