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Start Free TrialDisputed Elections (Prime Minister and Speaker) Act, 1977 Section 5
Title: Presentation of Petition
State: Central
Year: 1977
.....for the use of the Election Commission, and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. (4) At the time of presenting a petition, the petitioner shall deposit with the Election Commission in such manner as may be prescribed a sum of two thousand rupees as security for costs. (5) The Authority trying a petition may at any time during the course of the trial of the petition call upon the petitioner to give such further security for costs as it may direct. (6) No person shall be entitled to be joined as a respondent to a petition under sub-section (3) of section 10 unless he has given such further security for costs as the Authority may direct.
View Complete Act List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 13
Title: Proceedings and Order on Creditors Petition
State: Central
Year: 1909
.....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 appears on the petition and denies that he is indebted to the petitioner, or that he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the Court, on such security (if any) being given as the Court may require for payment to the petitioner of any debt which may be established against the debtor in due course of law, and of the costs of establishing the debt, may, instead of dismissing the.....
View Complete Act List Judgments citing this sectionHindu Marriage Act, 1955 Section 14
Title: No Petition for Divorce to Be Presented Within One Year of Marriage
State: Central
Year: 1955
.....petition without prejudice to any petition which may be brought after 4 [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petition for divorce before the 5 [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 6 [said one year]. ________________________ 1. Substituted by Act 68 of 1976, section 9, for certain words (w.e.f. 27-5-1976). 2. Substituted by Act 68 of 1971, section 9, "before three years have elapsed" (w.e.f.27-5-1976). 3. Substituted by Act 68 of 1976, section 9, for "expiry of three years" (w.e.f. 27-5-1976). 4. Substituted by Act 68 of 1976, section 9, for "expiration of the said three year" (w.e.f. 27-5-1976). 5. Substituted by Act 68 of 1976, section 9, for "expiration of three years" (w.e.f. 27-5-1976). 6. Substituted by Act 68 of 1976, section 9, for "said three years".....
View Complete Act List Judgments citing this sectionCharitable & Religious Trusts Act 1920 Section 5
Title: Procedure on Petition
State: Central
Year: 1920
.....of the proceedings and, if such suit is so instituted, shall continue the stay until the suit is finally decided. (4) If no such undertaking is given, or if after the expiry of the three months no such suit has been instituted, the court shall itself decide the question. (5) On completion of the inquiry provided for in sub-section (2), the Court shall either dismiss the petition or pass thereon such other order as it thinks fit; Provided that, where a suit has been instituted in accordance with the provisions of sub-section (3), no order shall be passed by the court which conflicts with the final decision therein. (6) Save as provided in this section, the Court shall not try or determine any question of title between the petitioner and any person claiming title adversely to the trust.
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 25
Title: Dismissal of Petition
State: Central
Year: 1920
(1) In the case of a petition presented by a creditor, where the Court is not satisfied with the proof of his right to present the petition or of the service on the debtor of notice of the order admitting the petition, or of the alleged act of insolvency, or is satisfied by the debtor that he is able to pay his debts, or that for any other sufficient cause no order ought to be made, the Court shall dismiss the petition. (2) In the case of a petition presented by a debtor, the Court shall dismiss the petition if it is not satisfied of his right to present the petition.
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 9
Title: Conditions on Which Creditor May Petition
State: Central
Year: 1920
.....if two or more creditors join in the petition, the aggregate amount of debts owing to such creditors, amounts to five hundred rupees, and (b) the debt is a liquidated sum payable either immediately or at some certain future time, and (c) the act of insolvency on which the petition is grounded has occurred within three months before the presentation of the petition: {Added by Act 3 of 1950, s.6} [Provided that where the said period of three months referred to in clause (c) expires on a day when the Court is closed, the insolvency petition may be presented on the day on which the Court re-opens.] (2) If the petitioning creditor is a secured creditor, he shall in his petition either state that he is willing to relinquish his security for the benefit of the creditors in the event of the debtor being adjudged insolvent, or give an estimate of the value of the security.In the latter case, he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him after deducting the value so estimated in the same way as if he were an unsecured creditor.
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 111
Title: Plea of No Case and Defence of Accused
State: Central
Year: 1957
.....give evidence as a witness on his own behalf should he desire to do so and should he make a request in writing to do so, but that he will thereby render himself liable to cross-examination. (7) If the accused does not apply to give evidence, he may make a statement as to the facts of the case, and if he has no defence witnesses to examine as to facts, the prosecutor may sum up his case and the accused shall be entitled to reply. (8) If the, accused or any one of the several accused applies to give evidence and there are no other witnesses in the case for the defence, other than witnesses as to character, then the evidence of such accused shall be recorded and if the accused so desires the witnesses as to character shall be examined and the prosecutor shall then sum up his case and the accused may reply. (9) If the accused or any one of the accused adduces any oral evidence as to facts other than his own evidence, if any, the accused may then sum up his case on the conclusion of that evidence and the prosecutor shall be entitled to reply.
View Complete Act List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 12
Title: Conditions on Which Creditor May Petition
State: Central
Year: 1909
.....if two or more creditors join in the petition, the aggregate amount of debts owing to such creditors, amounts to five hundred rupees, and (b) the debt is a liquidated sum payable either immediately or at some certain future time, and (c) the act of insolvency on which the petition is grounded has occurred within three months before the presentation of the petition: {Added by Act 3 of 1950, s.2} [Provided that where the said period of three months referred to in clause (c) expires on a day when the Court is closed, the insolvency petition may be presented on the day on which the Court reopens]. (2) If the petitioning creditor is a secured creditor, he shall in his petition either state that he is willing to relinquish his security for the benefit of the creditors in the event of the debtor being adjudged insolvent or give an estimate of the value of the security.In the latter case he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him after deducting the value so estimated in the same way as if he were an unsecured creditor.
View Complete Act List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 15
Title: Proceedings and Order on Debtors Petition
State: Central
Year: 1909
(l) A debtor's petition shall allege that the debtor is unable to pay his debts, and, if the debtor proves that he is entitled to present the petition, the Court may thereupon make an order of adjudication, unless in its opinion the petition ought to have been presented before some other Court having insolvency jurisdiction. (2) A debtor's petition shall not, after presentation, be withdrawn without the leave of the Court. {Ins.by Act 19 of 1927, s.3} [(3) On the making of the order admitting his petition.a debtor shall (a) unless the Court otherwise directs, produce all his books of account, and (b) file such lists of creditors and debtors and afford such assistance to the Court as may be prescribed, failing which the Court may dismiss his petition.]
View Complete Act List Judgments citing this sectionSpecial Marriage Act, 1954 Section 31
Title: Court to Which Petition Should Be Made
State: Central
Year: 1954
.....who would naturally have heard of him if he were alive.] (2) Without prejudice to any jurisdiction exercisable by the court under subsection (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories. ________________________ 1. Substituted by Act 68 of 1976, Section 32, for sub-section (1) (w.e.f. 27-5-1976). 2. Inserted by Act 50 of 2003, Section 2 (w.e.f. 23-12-2003).
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