Bare Act Search Results

Presidency Towns Insolvency Act, 1909 Complete Act

State: Central

Year: 1909

....."If this Bill be passed into law it will be necessary to repeal the 1848 Act, and this raise a question which deserves consideration. The present Act is an Act of the imperial Parliament and a vesting order made under it vests in the assignee by direct operation all the real and personal estate and effects of the insolvent in whatever part of the King's dominions they may be situate or accrue; and a discharge under the Act has effect in every part of those dominions. The Act is one of those which it is within the competency of the Legislative Council of the Governor-General to repeal, but if it be repealed and an Indian Act be substituted, it follows that these advantages must at least for the most part be abandoned, since an Act of the Indian Legislature cannot operate for this purpose outside the limits of India. In 1886 it was proposed that an Act of the Imperial Parliament should be obtained to give this authority to insolvency proceedings in India, but no such Act has as yet been passed. It is believed, however, that the advantages conferred by the Act of 1848 are of no real value, since experience has shown that in practically every case in which there are assets in both.....

Presidency-towns Insolvency Act, 1909 Part XII

Title: Supplemental

State: Central

Year: 1909

.....(Madras Amendment) Act, 1943 (Mad.5 of 1943), s.16} Section 126 - Courts to be auxiliary to each other All Courts having jurisdiction under this Act shall make such orders and do such things as may be necessary to give effect to section 118 of the Bankruptcy Act, 1883, and to section 50 of the Provincial Insolvency Act, 1907.{See now the Provincial Insolvency Act, 1920 (5 of 1920)}. Section 127 - Saving {Sub-section (1) and the words "Notwithstanding the repeal effectedby this Act," in sub-section (2) rep.by Act 10 of 1914, s.3 and Sch.II} (2) {Sub-section (1) and the words "Notwithstanding the repealeffected by this Act," in sub-section (2) rep.by Act 10 of 1914, s.3 andSch.II} The proceedings under an insolvency petition under the IndianInsolvency Act, 1848, pending at the commencement of this Act shall, except sofar as any provision of this Act is expressly applied to pending proceedings,continue, and all the provisions of the said Indian Insolvency Act shall, exceptas aforesaid, apply thereto, as if this Act had not been passed.

Companies Act, 1913 Complete Act

State: Central

Year: 1913

.....its ordinary original civil jurisdiction; (7) "existing company "means a company formed and registered under the (Companies Act, 1866), or under any Act or Acts repealed thereby, or under (Companies Act, 1882): (8) " Insurance company " means a company that carries on the business of insurance either solely or in common with any other business or businesses: (9) "manager " means a person who, subject to the control and direction of the directors has the management of the whole affairs of a company, and includes a director or any other person occupying the position of a manager by whatever name called and whether under a contract of service or not: (9A) " managing agent " means a person, firm or company entitled to the management of the whole affairs of a company by virtue of an agreement with the company, and under the control and direction of the directors except to the extent, if any, otherwise provided for in the agreement and includes any person, firm or company occupying such position by whatever name called : Explanation.-If a person occupying the position of a managing agent calls himself a manager he shall nevertheless be regarded as managing agent and not as manager for.....

Presidency-towns Insolvency Act, 1909 Section 117

Title: Swearing of Affidavits

State: Central

Year: 1909

Any affidavit may be used in a Court having jurisdiction under this Act if it is sworn (a) in {Subs.by the A.O.1948} [the States {The words "of India" omitted by the A.O.1950}], before (i) any Court or Magistrate, or (ii) any officer or other person appointed to administer oaths under the Code of Civil Procedure, 1908; (5 of 1908) (b) in England, before any person authorized to administer oaths in His Majesty's High Court of Justice, or in the Court of Chancery of the County Palatine of Lancaster, or before any Registrar of a Bankruptcy Court, or before any officer of a Bankruptcy Court authorized in writing in that behalf by the Judge of the Court or before a Justice of the peace for the county or place where it is sworn; (c) in Scotland or in Ireland, before a Judge Ordinary, Magistrate or Justice of the Peace; and (d) in any other place, before a Magistrate or Justice of the Peace or other person qualified to administer oaths in that place (he being certified to be a Magistrate or Justice of the Peace, or qualified as aforesaid, by {Subs.by the A.O.1950 for "a British Minister or British Consul or British Political Agent} [an Indian Consul or Political Agent] or.....

Bills of Exchange Act, 1882 Complete Act

State: Central

Year: 1882

.....operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature the agent in so signing was acting within the actual limit of his authority. SECTION 26: PERSON SIGNING AS AGENT OR IN REPRESENTATIVE CAPACITY (1) Where a person signs a bill as drawer, endorser or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. (2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted. SECTION 27: VALUE DEFINED (1) Valuable consideration for a bill may be constituted by- (a) any consideration sufficient to support a simple contract ; (b) an antecedent debt or liability. Such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. (2) Where value.....

Securities Contracts (Regulation) Rules, 1957 Complete Act

State: Central

Year: 1957

.....RULES, 1957 SECURITIES CONTRACTS (REGULATION) RULES, 1957 576 In exercise of the powers conferred by section 30 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), the Central Government hereby makes the following rules, tile same having been previously published as required by sub-section (3) of the said section, namely :- RULE 01: SHORT TITLE These rules may be called the Securities Contracts (Regulation) Rules, 1957. RULE 02: DEFINITIONS In these rules, unless the context otherwise requires,- (a) "form" means a form appended to these rules; (b) "the Act" means the Securities Contracts (Regulation) Act, 1956 (42 of 1956); (c) "Government company" means a company in which not less than fifty-one percent of the share capital is held by the Central Government or by any State Government or Governments or partly by the Central Government and partly by one or more State Governments. RULE 03: APPLICATION FOR RECOGNITION An application under Section 3-of the Act for recognition of a stock exchange shall be made to the1[Securities and Exchange Board of India] in Form A. RULE 04: FEES FOR APPLICATION (1) There shall be paid in respect of.....

Extradition Act, 1962 Schedule I

Title: Extradition Treaty Between India and Switzerland

State: Central

Year: 1962

.....1904, are considered to be in forcebetween India and Switzerland: Andwhereas the Central Government in exercise of the powers conferred bysub-section (1) of Section 3 of the Extradition Act, 1962 (34 of 1962), haddirected by an order number G.S.R. 56, dated the 5th January, 1963 that theprovisions of the said Act, other than Chapter III shall apply to Switzerland; Now,therefore, in exercise of the powers conferred by sub-section (3) of Section 3of the said Act, the Central Government hereby sets out the aforesaid Treaty asunder:-- "ARTICLEI HerMajesty, the Queen of the United Kingdom of Great Britain and Ireland engages todeliver up, under the circumstances and on the conditions stipulated in thepresent Treaty, all persons, and the Swiss Federal Council engages to deliverup, under the like circumstances and conditions, all persons, excepting Swisscitizens, who, having been charged with, or convicted by the Tribunals of one ofthe two High Contracting Parties of the crimes or offences enumerated in Art.II, committed in the territory of the one party, shall be found within theterritory of the other. Inthe event of the Federal Council being unable, by reason of his.....

Guardians and Wards Act, 1890 Chapter III

Title: Duties, Rights and Liabilities of Guardians

State: Central

Year: 1890

.....more than one year beyond the date on which the ward will cease to be a minor. Section 30 - Voidability of transfers made in contravention of section 28 or section 29 A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby. Section 31 - Practice with respect to permitting transfers under section 29 (1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward. (2) The order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which that act permitted is to be done, and specify such conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded, dated and signed by the Judge of the Court with his own hand, or, when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him. (3) The Court may in its discretion attach to the permission.....

Guardians and Wards Act, 1890 Section 39

Title: Removal of Guardian

State: Central

Year: 1890

.....trust; (d) for ill-treatment, or neglect to take proper care, of his ward; (e) for contumacious disregard of any provision of this Act or of any order of the Court; (f) for conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be guardian of his ward; (g) for having an interest adverse to the faithful performance of his duties; (h) for ceasing to reside within the local limits of the jurisdiction of the Court; (i) in the case of a guardian of the property, of bankruptcy or insolvency; (j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject: Provided that a guardian appointed by will or other instrument, whether he has been declared under this Act or not, shall not be removed (a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that the person made and maintained the appointment in ignorance of the existence of the adverse interest, or (b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as, in the opinion of.....

Powers of Attorney Act, 1882 Section 3

Title: Payment by Attorney Under Power, Without Notice of Death, Etc., Good

State: Central

Year: 1882

Any person making or doing any payment or act in good faith, in pursuance of a power-of-attorney, shall not be liable in respect of the payment or act by reason that, before the payment or act, the donor of the power had died or become1[***], of unsound mind,1[***] or insolvent, or had revoked the power, if the fact of death,1[***], unsoundness of mind,1[***], insolvency or revocation was not, at the time of the payment or act, known to the person making or doing the same. But this section shall not affect any right against the payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the payer, if the payment had not been made by him. This section applies only to payments and acts made or done after this Act comes into force. ________________________ 1.Words "Lunatic", "Bankrupt", "Lunacy", "Bankruptcy" omitted by the Powers-of-Attorney (Amendment) Act, 1982, w.e.f. 22-10-1982.