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Start Free TrialCharitable & 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 sectionProvincial Insolvency Act, 1920 Section 13
Title: Contents of Petition
State: Central
Year: 1920
.....has on any previous occasion filed a petition to be adjudged an insolvent, and (where such a petition has been filed) (i) if such petition has been dismissed, the reasons for such dismissal, or (ii) if the debtor has been adjudged an insolvent, concise particulars of the insolvency, including a statement whether any previous adjudication has been annulled and, if so, the grounds therefor. (2) Every insolvency petition presented by a creditor or creditors shall set forth the particulars regarding the debtor specified in clause (b) of sub-section (1), and shall also specify (a) the act of insolvency committed by such debtor, together with the date of its commission; and (b) the amount and particulars of his or their pecuniary claim or claims against such debtor.
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 7
Title: Petition and Adjudication
State: Central
Year: 1920
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.
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 10
Title: Conditions on Which Debtor May Petition
State: Central
Year: 1920
.....{Subs.by Act 11 of 1927, s.4, for "made under this Act"}[whether made under the Presidency-towns Insolvency Act, 1909 (3 of 1909), or under this Act] has been annulled, owing to his failure to apply, or to prosecute an application for his discharge, shall not be entitled to present an insolvency petition without the leave of the Court by which the order of adjudication was annulled.Such Court shall not grant leave unless it is satisfied either that the debtor was prevented by any reasonable cause from presenting or prosecuting his application, as the case may be, or that the petition is founded on facts substantially different from those contained in the petition on which the order of adjudication was made.
View Complete Act List Judgments citing this sectionCharitable & Religious Trusts Act 1920 Section 8
Title: Costs of Petition Under This Act
State: Central
Year: 1920
The costs, charges and expenses of and incidental to any petition, and all proceedings in connection therewith, under the forgoing provisions of this Act, shall be in the discretion of the court which may direct the whole or any part of any such costs, charges and expenses to be met from the property or income of the trust in respect of which the petition is made, or to be borne and paid in such manner and by such persons as it thinks fit: Provided that no such order shall be made against any person (other than the petitioner) who has not received notice of the petition and had a reasonable opportunity of being heard thereon.
View Complete Act List Judgments citing this sectionCharitable & Religious Trusts Act 1920 Section 4
Title: Contents and Verification of Petition
State: Central
Year: 1920
(1) The petition shall show in what way the petitioner claims to be interested in the trust, and shall specify, as far as may be, the particulars and the audit which he seeks to obtain. (2) The petition shall be in writing and shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for signing and verifying plaints.
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 11
Title: Court to Which Petition Shall Be Presented
State: Central
Year: 1920
Every insolvency petition shall be presented to a Court having jurisdiction under this Act in any local area in which the debtor ordinarily resides or carries on business, or personally works for gain, or if he has been arrested or imprisoned, where he is in custody: Provided that no objection as to the place of presentment shall be allowed by any Court in the exercise of appellate or revisional jurisdiction unless such objection was taken in the Court by which the petition was heard at the earliest possible opportunity, and unless there has been a consequent failure of justice.
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 19
Title: Procedure on Admission of Petition
State: Central
Year: 1920
(1) Where an insolvency petition is admitted, the Court shall make an order fixing a date for hearing the petition. (2) Notice of the order under sub-section (1) shall be given to creditors in such manner as may be prescribed. (3) Where the debtor is not the petitioner, notice of the order under sub-section (1) shall be served on him in the manner provided for the service of summons.
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