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Provincial Insolvency Act, 1920 Section 40

Title: Power to Re-adjudge Debtor Insolvent

State: Central

Year: 1920

If default is made in the payment of any instalment due in pursuance of the composition or scheme, or if it appears to the Court that the composition or scheme cannot proceed without injustice or undue delay, or that the approval of the Court was obtained by fraud, the Court may, if it thinks fit, re-adjudge the debtor insolvent and annul the composition or scheme but without prejudice to the validity of any transfer or payment duly made or of anything duly done under or in pursuance of the composition or scheme.When a debtor is re-adjudged insolvent under this section, all debts provable in other respects which have been contracted before the date of such re-adjudication shall be provable in the insolvency.

Presidency-towns Insolvency Act, 1909 Section 31

Title: Power to Re-adjudge Debtor Insolvent

State: Central

Year: 1909

(1) If default is made in the payment of any instalment due in pursuance of any composition or scheme, approved as aforesaid, or if it appears to the Court that the composition or scheme cannot proceed without injustice or undue delay or that the approval of the Court was obtained by fraud, the Court may, if it thinks fit, on application by any person interested, re-adjudge the debtor insolvent and annul the composition or scheme, and the property of the debtor shall thereupon vest in the official assignee but without prejudice to the validity of any transfer or payment duly made or of anything duly done under or in pursuance of the composition or scheme. (2) Where a debtor is re-adjudged insolvent under sub-section (1), all debts provable in other respects which have been contracted before the date of such re-adjudication shall be provable in the insolvency.

Specific Relief Act 1963 Section 27

Title: When Rescission May Be Adjudged or Refused

State: Central

Year: 1963

.....or impliedly ratified the contract; or (b) where, owing to the change of circumstances which has taken place since the making of the contract (not being due to any act of the defendant himself), the parties cannot be substantially restored to the position in which they stood when the contract was made; or (c) where third parties have, during the subsistence of the contract, acquired rights in good faith without notice and for value; or (d) where only a part of the contract is sought to be rescinded and such part is not severable from the rest of the contract. Explanation.--In this section "contract", in relation to the territories to which the Transfer of Property Act, 1882, does not extend, means a contract in writing.

Code of Civil Procedure, 1908 Appendix D

Title: Decrees

State: Central

Year: 1908

.....before the ............ day of .......... and that the .............3 docertify the result of the injuries, and the accounts, and that all other actsordered are completed, and have his certificate in that behalf ready for theinspection of the parties on the ..... day of ..... 15. And, lastly, it is orderedthat this suit [or proceedings] stand adjourned for making final decree to the..... day of ..... [Such part only of this decreeis to be used as is applicable to the particular case.] No. 18 finaldecree in an administration-suit by a legatee (Title) 1. It is ordered that thedefendant ..... do, on or before the ..... day of ..... pay into Court the sumof Rs. ..... the' balance by the said certificate found to be due from the saiddefendant on account of the estate of ..... the testator and also the sum ofRs. ..... for interest, at the rate of Rs. ..... per cent per annum, from the..... day of ..... to the ..... day of ..... amounting together to the sum ofRs. ..... 2. Let the ............3 of the saidCourt tax the costs of the plaintiff and defendant in this suit, and let theamount of the said costs, when so taxed, be paid out of the said sum of Rs...... ordered.....

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person especially authorized by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary.....

Presidency Towns Insolvency Act, 1909 Complete Act

State: Central

Year: 1909

.....and non-traders has been abolished. Under the Act there is power to appoint special assignees, but it is believed that this power has never in fact beep exercised in recent years. The object of it is to secure for the creditors some control over the proceedings in insolvency, but the fact that it is not made use of appears' to show that it is ineffective for that purpose. It is proposed therefore, for consideration, that the power to appoint special assignees should not be retained, but that there should be power to appoint a committee of creditors to supervise proceedings in cases in which it may be desirable to do so. This procedure is new to Indian law and for that reason it seems inexpedient, in the first instance, to define with any exactness the extent of the control which should be given to such committees. It is thought better to Lave the matter to roles, in order that advantage may be taken of experience. Under the English system the supervising authority for bankruptcy proceedings is the Board of Trade, but ] India we have nothing corresponding to that body; powers of supervision must therefore be left to the Courts.......surrenuering any practical advantage by.....

The Insolvency Act, 1955 Complete Act

State: Kerala

Year: 1955

.....shall have full power to decide all questions whether of title or priority, or of any nature whatsoever, and whether involving matters of law or of fact, which may arise in any case of insolvency coming within the cognizance of the Court, or which the Court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case. (2) Subject to the provisions of this Act and notwithstanding anything contained in any other law for the time being in force, every such decision shall be final and binding for all purposes as between, on the one hand, the debtor and the debtor's estate and, on the other hand, all claimants against him or it and all persons claiming through or under them or any of them. (3) Where the Court does not deem it expedient or necessary to decide any question of the nature referred to in sub-section (1), but has reason to believe that the debtor has a saleable interest in any property, the Court may without further inquiry sell such interest in such manner and subject to such conditions as it may think fit. 5. General powers of Courts .-(1) Subject to the provisions of this.....

Provincial Insolvency Act, 1920 Part II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1920

.....the amount due under the decree or order and require the debtor to pay the same or to furnish security for the payment of such amount to the satisfaction of the creditor or his agent; (d) specify for its compliance a period of not less than one month after its service on the debtor or, if it is to be served on a debtor residing whether permanently or temporarily, outside India, such period (being not less than one month) as may be specified by the order of the District Court granting leave for the service of such notice; (e) state the consequences of non-compliance with the notice. (4) No insolvency notice shall be deemed to be invalid by reason only that the sum specified therein as the amount due under the decree or order exceeds the amount actually due, unless the debtor, within the period specified in the insolvency notice for its compliance, gives notice to the creditor that the sum specified in the insolvency notices does not correctly represent the amount due under the decree or order : Provided that if the debtor does not give any such notice as aforesaid, he shall be deemed to have complied with the insolvency notice if, within the period specified therein for.....

Presidency-towns Insolvency Act, 1909 Part II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1909

.....petition (1) A creditor's petition shall be verified by affidavit of the creditor, or of some person on his behalf having knowledge of the facts. (2) At the hearing the Court shall require proof of (a) the debt of the petitioning creditor, and (b) the act of insolvency, or, if more than one act of insolvency is alleged in the petition, some one of the alleged acts of insolvency. (3) The Court may adjourn the hearing of the petition and order service thereof on the debtor. (4) The Court shall dismiss the petition (a) if it is not satisfied with the proof of the facts referred to in sub-section (2); or (b) if the debtor appears and satisfies the Court that he is able to pay his debts, or that he has not committed an act of insolvency or that for other sufficient cause no order ought to be made. (5) The Court may make an order of adjudication if it is satisfied with the proof above referred to, or if on a hearing adjourned under sub-section (3) the debtor does not appear and service of the petition on him is proved, unless in its opinion the petition ought to have been presented before some other Court having insolvency jurisdiction. (6) Where the debtor.....

Code of Civil Procedure, 1908 Rule 1 to 15

Title: Suits Relating to Mortgages of Immovable Property

State: Central

Year: 1908

..... 14. Suit for sale necessary for bringing mortgaged property to sale (1) Where a mortgagee has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in Order II, rule 2. (2) Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 (4 of 1882), has not been extended. 17[15. Mortgages by the deposit of title-deeds and charges 18[(1)] All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds within the meaning of section 58, and to a charge within the meaning of section 100 of the Transfer of Property Act, 1882 (4 of 1882).] 12a[(2) Where a decree orders payment of money and charges it on immovable property on default of payment, the amount may be realised by sale of that property in execution of that decree.] ______________________ 1. Substituted by Act 21 of 1929, section 4, for rule 2......