Bare Act Search Results

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of those which it is within the competency of the Legislative Council of the Governor-General to repeal, but if it be repealed and an Indian Act be substituted, it follows that these advantages must at least for the most part be abandoned, since an Act of the Indian Legislature cannot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 Part II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1909

.....Insolvency and the Provincial Insolvency (Bombay Amendment) Act, 1939 (Bom.15 of 1939), s.2} Explanation.For the purposes of this section, the act of an agent may be the act of the principal, even though the agent have no specific authority to commit the act.{For s.9A, applicable to Bombay only, see s.2, ibid.} Section 10 - Power to adjudicate 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. Section 11 - Restrictions on jurisdiction The Court shall not have jurisdiction to make an order of adjudication, unless (a) the debtor is, at the time of the presentation of the insolvency petition, imprisoned in execution of the decree of a Court for the payment of money in any prison to which debtors are ordinarily committed by the Court in.....

Presidency-towns Insolvency Act, 1909 Section 27

Title: Public Examination of the Insolvent

State: Central

Year: 1909

.....in writing and shall be read over either to or by the insolvent and signed by him, and may thereafter be used in evidence against him and shall be open to the inspection of any creditor at all reasonable times. (7) When the Court is of opinion that the affairs of the insolvent have been sufficiently investigated, it shall, by order, declare that his examination is concluded, but such order shall not preclude the Court from directing further examination of the insolvent whenever it may deem fit to do so. (8) Where the insolvent is a lunatic or suffers from any such mental or physical affliction or disability as in the opinion of the Court makes him unfit to attend his public examination, or is a woman who according to the customs and manners of the country ought not to be compelled to appear in public, the Court may make an order dispensing with such examination, or directing that the insolvent be examined on such terms, in such manner and at such place as to the Court seems expedient.

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 Section 90

Title: Power of the Court

State: Central

Year: 1909

.....nothing in this sub-section shall in any way limit the jurisdiction conferred on the Court under this Act. (2) Subject to the provisions of this Act and rules, the costs of and incidental to any proceeding in the Court shall be in the discretion of the Court. (3) The Court may at any time adjourn any proceedings before it upon such terms, if any, as it thinks fit to impose. (4) The Court may at any time amend any written process or proceeding under this Act upon such terms, if any, as it thinks fit to impose. (5) Where by this Act or by rules the time for doing any act or thing is limited, the Court may extend the time either before or after the expiration thereof, upon such terms, if any, as the Court thinks fit to impose. (6) Subject to rules, the Court may in any matter take the whole or any part of the evidence either viva voce or by interrogatories, or upon affidavit, or by commission. (7) For the purpose of approving a composition or scheme by joint debtors the Court may, if it thinks fit, and on the report of the official assignee that it is expedient so to do, dispense with the public examination of one of the joint debtors if he is unavoidably prevented.....

The Anand Marriage Act, 1909 Complete Act

State: Punjab

Year: 1909

THE ANAND MARRIAGE ACT, 1909 THE ANAND MARRIAGE ACT, 1909 An Act to remove doubts as to the validity of the marriage ceremony common among the Sikhs called Anand Whereas it is expedient to remove any doubts as to the validity of the marriage ceremony common among the Sikhs called Anand; It is hereby enacted as follows: 1. Short title and extent. (1) This Act may be called `The Anand Marriage Act, 1909'; and (2) It extends to the whole of India Substituted by Miscellaneous Personal Laws (Extension) Act 1959. [except the State of Jammu and Kashmir]. 2. Validity of Anand Marriage. All marriages which may be or may have been duly solemnized according to the Sikh Marriage ceremony called Anand shall be and shall be deemed to have been with effect from the date of the solemnization of each respectively, good and valid in law. 3. Exemption of certain marriages from Act. Nothing in this Act shall apply to? (a) any marriage between persons not professing the Sikh religion, or (b) any marriage which has been judicially declared to be null and void. 4. Saving of marriages solemnized according to other ceremonies. Nothing in this Act shall affect the validity.....

Prince of Wales Museum Act, 1909 Complete Act

State: Central

Year: 1909

.....substituted for the word Provincial" by the Adaptation of Laws Order, 1950. 6. These words were inserted by s,2 a Prince of Wales Museum (Amendment) Act 1922, (Bom. Act 2of 1922). 7. Clause (hh) was inserted by Bom. 19 of 1933, s.2. (3) In the case of ex-officio members the person for the time being performing the duties of any of the offices mentioned in sub-section(2) shall act as a member. (4) Al acts done by a majority of the members present and voting at a meeting of the Board shall be deemed to be acts of the Board. (5) No act of the Board shall be deemed to be invalid merely by reason of any vacancy in, or defect in the constitution of, the Board. (6) The Board may appoint a person to act as their Secretary. (7) Orders for the payment of money on behalf of the Board shall be deemed to be sufficiently authenticated if signed by two members and countersigned by the Secretary. SECTION 03A: TERM OF OFFICE ELECTION AND APPOINTMENT OF NEW MEMBERS IF A VACANCY It provides that the changes made in the designation of the principal of Sir Jarnsetjee Jeejeebhoy School of Art, will not affect acts and powers of the Board of Trustees of the Prince of Wales Museum constituted under.....

Anand Marriage Act, 1909 Complete Act

State: Central

Year: 1909

.....any doubts being raised as to the validity of such marriages in the past. We have also omitted the reference to the re-marriages which seemed to us unnecessary, as the word "marriage" includes re-marriage also. Select Committee Report.] SECTION 03: EXEMPTION OF CERTAIN MARRIAGES FROM ACT NOTHING IN THIS ACT SHALL APPLY - to- (a) any marriage between persons not professing the Sikh religion, or (b) any marriage which has been judicially declared to be null and void. SECTION 04: SAVING OF MARRIAGES SOLEMNIZED ACCORDING TO OTHER CEREMONIES - Nothing in this Act shall affect the validity of any marriage duly solemnized according to any other marriage ceremony customary among the Sikhs. SECTION 05: NON VALIDATION OF MARRIAGES WITHIN PROHIBITED DEGREES - Nothing in this Act shall be deemed to validate any marriage between persons who are related to each other in any degree of consanguinity or affinity which would, according to the customary law of the Sikhs, render a marriage between them illegal. Central Bare Acts

Presidency-towns Insolvency Act, 1909 Section 119

Title: Application of Trustee Act to Insolvency of Trustee

State: Central

Year: 1909

Where an insolvent is a trustee within the Indian Trustee Act, 1866, (27 of 1866) section 35 of that Act shall have effect so as to authorize the appointment of a new trustee in substitution for the insolvent (whether voluntarily resigning or not), if it appears expedient to do so, and all provisions of that Act, and of any other Act relative thereto, shall have effect accordingly.

Presidency-towns Insolvency Act, 1909 Part XII

Title: Supplemental

State: Central

Year: 1909

.....(Madras Amendment) Act, 1943 (Mad.5 of 1943), s.16} Section 126 - Courts to be auxiliary to each other All Courts having jurisdiction under this Act shall make such orders and do such things as may be necessary to give effect to section 118 of the Bankruptcy Act, 1883, and to section 50 of the Provincial Insolvency Act, 1907.{See now the Provincial Insolvency Act, 1920 (5 of 1920)}. Section 127 - Saving {Sub-section (1) and the words "Notwithstanding the repeal effectedby this Act," in sub-section (2) rep.by Act 10 of 1914, s.3 and Sch.II} (2) {Sub-section (1) and the words "Notwithstanding the repealeffected by this Act," in sub-section (2) rep.by Act 10 of 1914, s.3 andSch.II} The proceedings under an insolvency petition under the IndianInsolvency Act, 1848, pending at the commencement of this Act shall, except sofar as any provision of this Act is expressly applied to pending proceedings,continue, and all the provisions of the said Indian Insolvency Act shall, exceptas aforesaid, apply thereto, as if this Act had not been passed.