Bare Act Search Results

Charitable & Religious Trusts Act 1920 Section 7

Title: Powers of Trustee to Apply for Directions

State: Central

Year: 1920

.....copy thereof, together with notice of the date so fixed, to be served on such of the persons interested in the trust, or to be published for information in such manner, as it thinks fit. (3) On any date fixed under sub-section (2) or on any subsequent date to which the hearing may be adjourned, the Court, before giving any opinion, advice or direction, shall afford a reasonable opportunity of being heard to all persons appearing in connection with the petition. (4) A trustee stating in good faith the facts of any matter relating to the trust in a petition under sub-section (1), and acting upon the opinion, advice or direction of the Court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in the matter in respect of which the petition was made.

Provincial Insolvency Act, 1920 Part II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1920

.....under the provisions of any law referred to in clause (b) on the date of the application.] Explanation - For the purposes of this section the act of an agent may be the act of the principal.] ______________________ 1. Section 6 renumbered as subsection (1) by the Insolvency Laws (Amendment ) Act w.e.f 1-9-79. Prior to Amendment Section 6 Stood as follows "[Acts of insolvency.- A debtor commits an act of insolvency in each of the following cases, namely:- (a) if, in [Substituted by the A.O.1950 for "the Provinces"] [India] or elsewhere, he makes a transfer of all or substantially all his property to a third person for the benefit of his creditors generally; (b) if, in [Substituted by the A.O.1950 for "the Provinces"] [India] or elsewhere, he makes a transfer of his property or of any part thereof with intent to defeat or delay his creditors; (c) if, in [Substituted by the A.O.1950 for "the Provinces"] [India] or elsewhere, he makes any transfer of his property, or of any part thereof, which would, under this or any other enactment for the time being in force, be void as a fraudulent preference if he were adjudged an insolvent; (d) if, with intent to defeat or.....

Provincial Insolvency Act, 1920 Part III

Title: Administration of Property

State: Central

Year: 1920

.....annum computed from the declaration of a dividend to the time when the debt would have become payable, according to the terms on which it was contracted. Section 46 - Mutual dealings and setoff Where there have been mutual dealings between an insolvent and a creditor proving or claiming to prove a debt under this Act, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed or paid on either side respectively. Section 47 - Secured creditors (1) Where a secured creditor realises his security, he may prove for the balance due to him, after deducting the net amount realised. (2) Where a secured creditor relinquishes his security for the general benefit of the creditors, he may prove for his whole debt. (3) Where a secured creditor does not either realise or relinquish his security, he shall, before being entitled to have his debt entered in the schedule, state in his proof the particulars of his security, and the value at which he assesses it, and shall be entitled.....

Aligarh Muslim University Act, 1920 Schedule 1

Title: Schedule I

State: Central

Year: 1920

.....be, involves moral turpitude : Provided that nothing in this clause shall be deemed to affect any rights accruing to an officer appointed on contract in accordance with the terms of such contract. (3)(a) Notwithstanding anything contained in the terms of the contract of service of a teacher, the Executive Council shall be entitled to dismiss a teacher on grounds of misconduct after following the procedure specified in clause (c), but save as aforesaid, the Executive Council shall not be entitled to determine the employment of a teacher save for good cause and after giving three months' notice in writing or payment of three months' salary in lieu of such notice. (b) The determination of a teacher's employment shall require a two-thirds majority of the members of the Executive Council present and voting. (c) The Vice-Chancellor may suspend a teacher against whom any misconduct is alleged and shall report the case to the next meeting of the Executive Council, but before any orders for dismissal are passed, the teacher shall be informed of the allegations made against him and shall be given a reasonable opportunity to makesuch representation to the Executive Council or to.....

Charitable & Religious Trusts Act 1920 Section 3

Title: Power to Apply to the Court in Respect of Trusts of a Charitable or Religious Nature

State: Central

Year: 1920

Save as hereinafter provided in this Act, any person having an interest in any express or constructive trust created or existing for a public purpose of a charitable or religious nature may apply by petition to the court within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate to obtain an order embodying all or any of the following directions, namely:-- (1) directing the trustee to furnish the petitioner through the court with particulars as to the nature and objects of the trust, and of the value, condition, management and application of the subject-matter of the trust, and of the income belonging thereto, or as to any of these matters, and (2) directing that the accounts of the trust shall be examined and audited: Provided that no person shall apply for any such direction in respect of accounts relating to a period more than three years prior to the date of the petition.

Charitable and Religious Trusts Act,1920 Complete Act

State: Central

Year: 1920

..... : FAILURE OF TRUSTEE TO COMPLY WITH ORDER UNDER SECTION 5 If a trustee without reasonable excuse fails to comply with an order made under sub-section (5) of section 5, such trustee shall, without prejudice to any other penalty or liability which he may incur under any law for the time being in force, be deemed to have committed a breach of trust affording ground for a suit under the provisions of section 92 of the Code of Civil Procedure, 1908 (5 of 1908), and any such suit may, so far as it is based on such failure, be instituted without the previous consent of the Advocate General. SECTION 07 : POWERS OF TRUSTEE TO APPLY FOR DIRECTIONS (1) Save as hereinafter provided in this Act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate, for the opinion, advise or direction of the Court on any question affecting the management or administration of the trust property, and the Court shall give its opinion, advice or direction, as the case may be,.....

Aligarh Muslim University Act, 1920 Section 13

Title: The Visitor

State: Central

Year: 1920

.....taken upon the result of such inspection or inquiry. (5) Where the5[Executive Council] does not, within reasonable time, take action to the satisfaction of the1[Visitor], the1[Visitor] may, after considering any explanation furnished or representation made by the5[Executive Council], issue such directions as he may think fit, and the5[Executive Council] shall comply with such directions. 6[ ** * * * ] 7[(6) Without prejudice to the foregoing provisions of the section, the Visitor may, by order in writing annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances; Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made, and, if any cause is shown within reasonable time, shall consider the same.] 8[(7) The visitor shall have such other powers as may be prescribed by the Statutes.] _________________________ 1. Substituted for "Lord Rector" by the Aligarh Muslim University (Amdt.) Act 1951 (62 of 1951), section 10 (3-11-1951). 2. Inserted by the Aligarh Muslim University (Amdt.) Act (34 of 1972), section 10 (17-6-1972). 3. Certain words.....

Provincial Insolvency Act, 1920 Section 56

Title: Appointment of Receiver

State: Central

Year: 1920

.....to remove from the possession or custody of property any person whom the insolvent has not a present right so to remove. (4) Where a receiver appointed under this section (a) fails to submit his accounts at such periods and in such form as the Court directs, or (b) fails to pay the balance due from him thereon as the Court directs, or (c) occasions loss to the property by his wilful default or gross negligence, the Court may direct his property to be attached and sold, and may apply the proceeds to make good any balance found to be due from him or any loss so occasioned by him. (5) The provisions of this section shall apply, so far as may be, to interim receivers appointed under section 20.

Provincial Insolvency Act, 1920 Part VII

Title: Miscellaneous

State: Central

Year: 1920

.....be excluded: Provided that nothing in this section shall apply to a suit or application in respect of a debt provable but not proved under this Act. Section 79 - Power to make rules {Subs.by the A.O.1937 for the original sub-section} [(1) The High Court may, with the previous sanction of the State Government, make rules for carrying into effect the provisions of this Act.] (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide- 1[(a) the form of the insolvency notice under clause (a), and the manner in which such notice may be served under clause (b), of sub-section (3) of section 6;] 1[(aa)] for the appointment and remuneration of receivers (other than Official Receivers), the audit of the account of all receivers and the costs of such audit. (b) for meetings of creditors, (c) for the procedure to be followed where the debtor is a firm, {The word "and" rep.by Act 39 of 1926, s.6} (d) for the procedure to be followed in the case of estates to be administered in a summary manner, {Ins.by s.6, ibid.} [and (e) for any matter which is to be or may be prescribed.] (3) All rules made under this section shall.....

The Identification of Prisoners Act, 1920 Complete Act

State: Central

Year: 1920

.....words "except by the District Magistrate, Sub-Divisional Magistrate, a Magistrate of the first class". [Bombay Act 8 of 1954, and Maharashtra Act 35 of 1970; Act 11 of 1960]. (b) to the first proviso, add the words "or a Presidency magistrate". Now it has been replaced by the words "Metropolitan Magistrate". Besides Bombay, Calcutta and Madras, Ahmedabad have such Magistrates, See Criminal Procedure Code, 1973, Sections 8 and 16. [Bombay Act 11 of 1922, Bombay Act 17 of 1945, Maharashtra Act 35 of 1970, Act 11 of 1960]. Karnataka In its application to the State of Karnataka, in Section 5, substitute the following for first proviso: "Provided that no order shall be made directing any person to be photographed except by a District Magistrate, a Sub-Divisional Magistrate or a Magistrate of the First Class." [Karnataka Act 29 of 1975]. Comments Merely because a person was earlier prosecuted for an offence, the same not a ground to connect the said person to an habitual offender or addicted to crime. M.S. Syed Anwar and etc. v. Commissioner of Police, Bangalore City and another. 1992 Cri.L.J 1606 (Kant) SECTION 06: RESISTANCE TO THE TAKING OF.....