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Presidency-towns Insolvency Act, 1909 Section 34

Title: Arrest of Insolvent

State: Central

Year: 1909

.....that there is probable reason for believing that he is about to remove his property with a view of preventing or delaying possession being taken of it by the official assignee, or that there is probable reason for believing that he has concealed or is about to conceal or destroy any of his property or any books, documents or writings which might be of use to his creditors in the course of his insolvency; or (c) if he removes any property in his possession above the value of fifty rupees without the leave of the official assignee. (2) No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Act relating to fraudulent preferences.

Bengal Excise Act, 1909 Complete Act

State: West Bengal

Year: 1909

.....spirits of wine, spirit, wine, tari, pachwai, beer, 2828. Words and figures subs. for the words and figures "Section 261 of the Bengal Municipal Act 1884" by W.B. Act 34 of 1965. * * * * * and any substance which the 2929. Word subs. for the words "excisable article" by the Government of India (Adaptation of Indian Laws) Order, 1937. [State Government] may, by notification, declare to be liquor for the purposes of this Act. 3030. Word subs. for the words "excisable articles" by the Government of India (Adaptation of Indian Laws) Order. 1937. Explanatton. In this clause "spirit of wine" means plain spirit of or above such strength as the State Government may, by notification, specify ; (15) "manufacture" includes (I) every process, whether natural or artificial, by which any 3131. Word subs. for the words "excisable article" by the Government of India (Adaptation Indian Laws) Order, 1937. [intoxicant] is produced or prepared (including the tapping of tari-producing trees and the drawing of tart from trees), (II) re-distillation, and (III) every process for the rectification, flavouring, blending or colouring of liquor, 3232. Words subs. for the words "is kept" by W.B. Act.....

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 II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1909

.....Insolvency and the Provincial Insolvency (Bombay Amendment) Act, 1939 (Bom.15 of 1939), s.2} Explanation.For the purposes of this section, the act of an agent may be the act of the principal, even though the agent have no specific authority to commit the act.{For s.9A, applicable to Bombay only, see s.2, ibid.} Section 10 - Power to adjudicate Subject to the conditions specified in this Act, if a debtor commits an act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor, and the Court may on such petition make an order (hereinafter called an order of adjudication) adjudging him an insolvent. Explanation.The presentation of a petition by the debtor shall be deemed an act of insolvency within the meaning of this section, and on such petition the Court may make an order of adjudication. Section 11 - Restrictions on jurisdiction The Court shall not have jurisdiction to make an order of adjudication, unless (a) the debtor is, at the time of the presentation of the insolvency petition, imprisoned in execution of the decree of a Court for the payment of money in any prison to which debtors are ordinarily committed by the Court in.....

Presidency-towns Insolvency Act, 1909 Part VI

Title: Procedure

State: Central

Year: 1909

.....nothing in this sub-section shall in any way limit the jurisdiction conferred on the Court under this Act. (2) Subject to the provisions of this Act and rules, the costs of and incidental to any proceeding in the Court shall be in the discretion of the Court. (3) The Court may at any time adjourn any proceedings before it upon such terms, if any, as it thinks fit to impose. (4) The Court may at any time amend any written process or proceeding under this Act upon such terms, if any, as it thinks fit to impose. (5) Where by this Act or by rules the time for doing any act or thing is limited, the Court may extend the time either before or after the expiration thereof, upon such terms, if any, as the Court thinks fit to impose. (6) Subject to rules, the Court may in any matter take the whole or any part of the evidence either viva voce or by interrogatories, or upon affidavit, or by commission. (7) For the purpose of approving a composition or scheme by joint debtors the Court may, if it thinks fit, and on the report of the official assignee that it is expedient so to do, dispense with the public examination of one of the joint debtors if he is unavoidably prevented.....

Presidency-towns Insolvency Act, 1909 Section 100

Title: Warrants of Insolvency Courts

State: Central

Year: 1909

(1) A warrant of arrest issued by the Court may be executed in the same manner and subject to the same conditions as a warrant of arrest issued under the Code of Criminal Procedure, 1898, may be executed. (2) A warrant to seize any part of the property of an insolvent, issued by the Court under section 59, sub-section (1), shall be in the form prescribed, and sections 77(2), 79, 82, 83, 84 and 102 of the said Code shall, so far as may be, apply to the execution of such warrant. (3) A search-warrant issued by the Court under section 59, subsection (2), may be executed in the same manner and subject to the same conditions as a search-warrant for property supposed to be stolen may be executed under the said Code.

Presidency-towns Insolvency Act, 1909 Section 25

Title: Protection Order

State: Central

Year: 1909

.....prison for any debt to which such order shall apply, and any insolvent arrested or detained contrary to the terms of such order shall be entitled to his release: Provided that no such order shall operate to prejudice the right of any creditor in the event of such order being revoked or the adjudication annulled. (4) Any creditor shall be entitled to appear and oppose the grant of a protection order, but the insolvent shall be prima facie entitled to such order on production of a certificate signed by the official assignee that he has so far conformed to the provisions of this Act. (5) The Court may make a protection order before an insolvent has submitted his schedule if it thinks it necessary to do so in the interests of the creditors.

Presidency-towns Insolvency Act, 1909 Complete Act

Title: Presidency-towns Insolvency Act, 1909

State: Central

Year: 1909

.....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 -.....