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Displaced Persons (Debts Adjustment) Act, 1951 Section 16

Title: Debts Secured on Immovable Property

State: Central

Year: 1951

.....creditor. (2) If the creditor elects to retain the security, he may apply to the Tribunal, having jurisdiction in this behalf as provided in section 10, for a declaration of the amount due under his debt. (3) Where in any case, the creditor elects to retain his security if the displaced debtor receives any compensation in respect of any such property as is referred to in sub-section (1), the creditor shall be entitled-- (a) where the compensation is paid in cash, to a first charge thereon: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the compensation paid in respect of the property bears to the value of the verified claim in respect thereof and to that extent the debt shall be deemed to have been reduced; (b) where the compensation is by way of exchange or property, to a first charge on the property situate in India so received by way of exchange: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the value of the property.....

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Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Chapter 5

Title: Recovery of Debt Determined by Tribunal

State: Central

Year: 1993

.....as if the said provisions and the rules referred to the amount of debt due under this Act instead of to the Income-tax: Provided that any reference under the said provisions and the rules to the "assessee" shall be construed as a reference to the defendant under this Act. Section 30 - Appeal against the order of Recovery Officer 1[30. Appeal against the order of Recovery Officer (1) Notwithstanding anything contained in section 29, any person aggrieved by an order of the Recovery Officer made under this Act may, within thirty days from the date on which a copy of the order is issued to him, prefer an appeal to the Tribunal. (2) On receipt of an appeal under sub-section (1), the Tribunal may, after giving an opportunity to the appellant to be heard, and after making such inquiry as it deems fit, confirm, modify or set aside the order made by the Recovery Officer in exercise of his powers under sections 25 to 28 (both inclusive).] ________________________ 1. Substituted by Act 1 of 2000, section 12, for section 30 (w.r.e.f. 17-1-2000).

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Displaced Persons Debts Adjustment Act, 1951 Section 16

Title: Debts Secured on Immovable Property

State: Central

Year: 1951

.....creditor. (2) If the creditor elects to retain the security, he may apply to the Tribunal, having jurisdiction in this behalf as provided in section 10, for a declaration of the amount due under his debt. (3) Where in any case, the creditor elects to retain his security if the displaced debtor receives any compensation in respect of any such property as is referred to in sub-section (1), the creditor shall be entitled-- (a) where the compensation is paid in cash, to a first charge thereon: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the compensation paid in respect of the property bears to the value of the verified claim in respect thereof and to that extent the debt shall be deemed to have been reduced; (b) where the compensation is by way of exchange or property, to a first charge on the property situate in India so received by way of exchange: Provided that the amount of the debt in respect of which he shall be entitled to the first charge shall be that amount as bears to the total debt the same proportion as the value of the property.....

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Displaced Persons (Debts Adjustment) Act, 1951 Section 22

Title: Apportionment of Joint Debts

State: Central

Year: 1951

.....the debtor became a displaced person, and the value of the immovable property shall be deemed to be the value of the verified claim in respect thereof; (g) where the relationship between the joint debtors is that of principal and surety, nothing contained in this Act shall prevent the institution of a suit for the recovery of the debt against the surety but no decree shall be passed in such suit for an amount in excess of the amount decreed or which can be decreed against the principal debtor in accordance with the provisions of this Act: Provided that the total amount which may be recovered from the principal debtor and the surety shall not exceed the amount decreed or which can be decreed by the Tribunal against the principal debtor in accordance with the provisions of this Act.

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Displaced Persons Debts Adjustment Act, 1951 Section 22

Title: Apportionment of Joint Debts

State: Central

Year: 1951

.....the debtor became a displaced person, and the value of the immovable property shall be deemed to be the value of the verified claim in respect thereof; (g) where the relationship between the joint debtors is that of principal and surety, nothing contained in this Act shall prevent the institution of a suit for the recovery of the debt against the surety but no decree shall be passed in such suit for an amount in excess of the amount decreed or which can be decreed against the principal debtor in accordance with the provisions of this Act: Provided that the total amount which may be recovered from the principal debtor and the surety shall not exceed the amount decreed or which can be decreed by the Tribunal against the principal debtor in accordance with the provisions of this Act.

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Displaced Persons (Debts Adjustment) Act, 1951 Complete Act

Title: Displaced Persons (Debts Adjustment) Act, 1951

State: Central

Year: 1951

.....(DEBTS ADJUSTMENT) ACT, 1951 Chapter I Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Over-riding effect of Act, rules and orders Section4 - Tribunals competent to exercise jurisdiction under this Act Chapter II Section5 - Application by displaced debtors for adjustment of debts Section6 - Rejection of application in certain cases Section7 - Issue of notice Section8 - Objection by respondents Section9 - Proceeding after service of notice on respondents Section10 - Claims by creditors against displaced debtors Section11 - Procedure on creditors petition Section12 - Objection by creditor to schedule of assets Section13 - Claims by displaced creditors against persons who are not displaced debtors Section14 - Procedure on displaced creditor's petition Section15 - Consequences of application by displaced debtor Section16 - Debts secured on immovable property Section17 - Debts secured on movable property Section18 - Claim against insurance companies Section19 - Calls on shares in companies Section20 - No calls to be made on displaced person or bank when company or co-operative society is in liquidation Section21 - Power to.....

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Displaced Persons (Debts Adjustment) Act, 1951 Section 32

Title: Scaling Down of Debts

State: Central

Year: 1951

.....realise any money from the assets of the debtor in India. (6) For the purposes of this Act, the amount payable from the compensation for the satisfaction of the second part of the decree shall be that amount as bears to the aggregate amount of all the debts in the second part of the decree [including therein any sum added to it under sub-section (5) and the sum determined in favour of the secured creditor in the manner specified in the proviso to clause (a) of sub-section (3) of section 16] as the compensation in respect of the property of the debtor payable to him under the Displace Persons (Claims) Act, 1950 (XLIV of 1930) bears to the verified claim; and the balance of the compensation, if any shall be, refunded to the displaced debtor. (7) Every instalment paid by the displaced debtor in respect of the first part of the decree and any sum payable from the compensation in accordance with sub-section (6) shall be distributed rateably amongst the decree-holders, if more persons than one are entitled thereto: Provided that the secured creditor who has not elected to be treated as an unsecured creditor under section 76 shall be entitled to a prior charge on the amount.....

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Displaced Persons Debts Adjustment Act, 1951 Section 32

Title: Scaling Down of Debts

State: Central

Year: 1951

.....realise any money from the assets of the debtor in India. (6) For the purposes of this Act, the amount payable from the compensation for the satisfaction of the second part of the decree shall be that amount as bears to the aggregate amount of all the debts in the second part of the decree [including therein any sum added to it under sub-section (5) and the sum determined in favour of the secured creditor in the manner specified in the proviso to clause (a) of sub-section (3) of section 16] as the compensation in respect of the property of the debtor payable to him under the Displace Persons (Claims) Act, 1950 (XLIV of 1930) bears to the verified claim; and the balance of the compensation, if any shall be, refunded to the displaced debtor. (7) Every instalment paid by the displaced debtor in respect of the first part of the decree and any sum payable from the compensation in accordance with sub-section (6) shall be distributed rateably amongst the decree-holders, if more persons than one are entitled thereto: Provided that the secured creditor who has not elected to be treated as an unsecured creditor under section 76 shall be entitled to a prior charge on the amount.....

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Displaced Persons Debts Adjustment Act, 1951 Complete Act

Title: Displaced Persons Debts Adjustment Act, 1951

State: Central

Year: 1951

.....DEBT ADJUSTMENT ACT, 1951 Chapter I Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Over-riding effect of Act, rules and orders Section4 - Tribunals competent to exercise jurisdiction under this Act Chapter II Section5 - Application by displaced debtors for adjustment of debts Section6 - Rejection of application in certain cases Section7 - Issue of notice Section8 - Objection by respondents Section9 - Proceeding after service of notice on respondents Section10 - Claims by creditors against displaced debtors Section11 - Procedure on creditors petition Section12 - Objection by creditor to schedule of assets Section13 - Claims by displaced creditors against persons who are not displaced debtors Section14 - Procedure on displaced creditor's petition Section15 - Consequences of application by displaced debtor Section16 - Debts secured on immovable property Section17 - Debts secured on movable property Section18 - Claim against insurance companies Section19 - Calls on shares in companies Section20 - No calls to be made on displaced person or bank when company or co-operative society is in liquidation Section21 - Power to.....

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Displaced Persons (Debts Adjustment) Act, 1951 Section 17

Title: Debts Secured on Movable Property

State: Central

Year: 1951

.....II.--Where any motor vehicle or other movable property has been purchased with money the whole or any part of which has been advanced by a creditor who retains the ownership thereof by way of security but allows the debtor to use it with his permission, the property shall for the purposes of this section be deemed to be pledged property of the debtor in the possession of the creditor. (2) Notwithstanding anything contained in this section, the creditor shall be entitled to receive, and to give a valid discharge in respect of, any sum due under this Act or under any other law for the time being in force from an insurance company in respect of any claim arising out of the loss or destruction of the pledged property, but the creditor shall, in any case where the sum received from the insurance company is greater than the amount of the debt due to him, pay over the surplus to the debtor.

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