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Presidency-towns Insolvency Act, 1909 Section 84

Title: Office Vacated by Insolvency

State: Central

Year: 1909

If an order of adjudication is made against an official assignee, he shall thereby vacate the office of official assignee.{In the application of the Act to Madras, ss.81 and 83 have been repealed, see the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 of 1943), ss.9 and 12.In the application of the Act to Bombay, s.84 has been repealed, see the Presidency-towns Insolvency (Bombay Amendment) Act, 1933 (Bom.20 of 1933), s.11.For ss.81, 81B, 82, 82A, 82B, 82C and 84A, as applicable to Calcutta, see the Presidency-towns Insolvency (Bengal Amendment) Act, 1936 (Ben.18 of 1936), ss.4 to 7.For ss.82 and 83, as applicable to Bombay, see Bombay Act 20 of 1933, ss.4 and 5.For ss.82, 82A, 82B, 84 and 84A, as applicable to Madras, see Madras Act 5 of 1943, ss.11 and 14}.

Presidency-towns Insolvency Act, 1909 Part IV

Title: Official Assignees

State: Central

Year: 1909

.....the commencement of this Act in the Courts for the relief of Insolvent Debtors at Calcutta, Madras and Bombay respectively under the {Rep.by this Act} Indian Insolvency Act, 1848, {The words "and in the Chief Court of Lower Burma under that Act as applied by the Lower Burma Courts Act, 1900" rep.by the A.O.1937} shall, without further appointment for that purpose, become the official assignees, substantive or temporary, as the case may be, under this Act in the High Courts at Fort William, Madras and Bombay {The words "and in the Chief Court of Lower Burma" rep., ibid} respectively.{For s.77A, applicable to Bombay and Madras, see the Presidency-towns Insolvency (Bombay Amendment) act, 1933 (Bom.20 of 1933), s.3 and the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 of 1943), s.8 respectively}. Section 78 - Power to administer oath An official assignee may, for the purpose of affidavits verifying proofs, petitions or other proceedings under this Act, administer oaths. Section 79 - Duties as regards the insolvents conduct (1) The duties of an official assignee shall have relation to the conduct of the insolvent as well as to the administration of his.....

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 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 -.....