Bare Act Search Results

The Kerala Court of Wards Act, 1967 [1] Complete Act

State: Kerala

Year: 1967

.....cease to carry interest from the expiration of the period prescribed by section 36, and shall not be paid until after the discharge or satisfaction of the claims notified or admitted under section 37. 41. Inadmissibility in evidence of documents not produced .-No document in the possession or under the control of the claimant which should have been but has not been produced in accordance with the requirements of section 37, shall be admissible in evidence against the ward or his representative in any suit brought by or against the claimant, or any person claiming under him, unless it be proved to the satisfaction of the civil court that it was not within his power to produce such document before the Collector. 42. When mortgagee in possession may be dispossessed .-(1) When any property of a ward is in the possession of a mortgagee, or any person claiming under a mortgagee, the Government may, on being satisfied that it is expedient in the public interest that the estate should be preserved and such incumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect, and direct the court to take possession thereof; the court shall.....

Bombay Tenancy and Agricultural Lands Act, 1948 Complete Act

State: Maharashtra

Year: 1948

.....or the decree or order of a Court holds the land on lease permanently; or (b) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity; and includes a tenant whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant immediately before the commencement of the Amending Act, 1955; (11) "Person" includes [a joint] family; (12) "Prescribed" means prescribed by rules made under this Act; (13) "Profits of Agriculture" in respect of any land means the surplus remaining [with the holder] after the expenses of cultivation including the wages of the cultivator working on the land are deducted from the gross produce; Explanation:- If the member of the family of a holder work on the land for the purpose of cultivation thereof, the labour of such members shall be taken into account in estimating the expenses of cultivation referred to in this clause; (14) "Protected tenant" means a person who is recognised to be a protected tenant [under section 4A; [* * * * * * * * * (16) "Rent" means any consideration, in money or.....

Code of Civil Procedure, 1908 Part II

Title: Execution

State: Central

Year: 1908

.....- Result of execution proceedings to be certified The Court to which a decree is sent for execution shall certify to the Court which passed it the fact of such execution, or where the former Court fails to execute the same circumstances attending such failure. Section 42 - Powers of Court in executing transferred decree 1 [(1)] The Court executing a decree sent to it shall have the same powers in executing such decree as if it had been passed by itself. All persons disobeying or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had passed the decree. And its order in executing such decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself. 2 [(2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court under that sub-section shall include the following powers of the Court which passed the decree, namely:-- (a) power to send the decree for execution to another Court under section 39; (b) power to execute the decree against the legal representative of the deceased judgment-debtor under section 50; (c) power to order attachment.....

Code of Civil Procedure, 1908 Section 73

Title: Proceeds of Execution-sale to Be Rateably Distributed Among Decree-holders

State: Central

Year: 1908

.....of the sale shall be applied-- first, in defraying the expenses of the sale; secondly, in discharging the amount due under the decree; thirdly, in discharging the interest and principal moneys due on subsequent incumbrances (if any); and fourthly, rateably among the holders of decrees for the payment of money against the judgment-debtor, who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution of such decrees, and have not obtained satisfaction thereof. (2) Where all or any of the assets liable to be ratcably distributed under this section are paid to a person not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets. (3) Nothing in this section affects any right of the Government.

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person especially authorized by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary.....

The Orissa Court of Wards Act, 1947 Complete Act

State: Orissa

Year: 1947

.....cease to carry interest from the expiration of the period prescribed by Section 41, and shall not be paid until after the discharge or satisfaction of the claims notified or admitted under Section 42. Section 46 - Inadmissibility in evidence of documents not produced No document in the possession or under the control of the claimant which should have been but has not been produced in accordance with the requirements of Section 42, shall be admissible in evidence against the ward or his representative in any suit brought by or against claimant, or any person claiming under him unless it be proved to the satisfaction of the Civil Court that it was not within his power to produce such document before the Collector. Section 47 - When mortgagee in possession may be dispossessed (1) When any property of a ward is in the possession of a mortgagee, or any person claiming under a mortgagee, the State Government may, on being satisfied that it is expedient in the public interest that the estate should be preserved and that such encumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect and direct the Court to take possession thereof; the.....

Code of Civil Procedure, 1908 Appendix D

Title: Decrees

State: Central

Year: 1908

.....before the ............ day of .......... and that the .............3 docertify the result of the injuries, and the accounts, and that all other actsordered are completed, and have his certificate in that behalf ready for theinspection of the parties on the ..... day of ..... 15. And, lastly, it is orderedthat this suit [or proceedings] stand adjourned for making final decree to the..... day of ..... [Such part only of this decreeis to be used as is applicable to the particular case.] No. 18 finaldecree in an administration-suit by a legatee (Title) 1. It is ordered that thedefendant ..... do, on or before the ..... day of ..... pay into Court the sumof Rs. ..... the' balance by the said certificate found to be due from the saiddefendant on account of the estate of ..... the testator and also the sum ofRs. ..... for interest, at the rate of Rs. ..... per cent per annum, from the..... day of ..... to the ..... day of ..... amounting together to the sum ofRs. ..... 2. Let the ............3 of the saidCourt tax the costs of the plaintiff and defendant in this suit, and let theamount of the said costs, when so taxed, be paid out of the said sum of Rs...... ordered.....

Delhi High Court Act, 1966 Complete Act

State: Delhi

Year: 1966

.....prepaid and duly sent by registered post, acknowledgement due the declaration referred to in this clause shall be made notwithstanding the fact that the acknowledgement having been lost or mislaid, or for any other reason, has not been received within thirty days from the date of the issue of the summons; (46) substitute for a summons a letter signed by the Registrar, where the defendant is of a rank entitling him to such mark of consideration and sand it in such a mode or manner as he thinks fit (O.V, rule 30); (47) to give notice of the deposit by the defendant to the plaintiff under O.XXIV, rule 2 of the Code; (48) mark the documents produced by the plaintiff under O.VII, rule 17 of the Code for the purpose of identification and after comparing the copy with the original, if it is found correct, certify it to be so and return the book to the plaintiff and cause a copy to be filed; (49) applications under O. XXXIII, except under rule 9; (50) receive the decree transferred to this Court for execution under O. XXI, rule 7 of the Code; (51) direct the applicant to file certified copy of the decree under O. XXI, rule 11(3) of the Code; (52).....

Presidency-towns Insolvency Act, 1909 Part III

Title: Administration of Property

State: Central

Year: 1909

.....prescribed to the persons whose claims to be creditors have been notified to him but not proved that, if they do not prove their claims, to the satisfaction of the Court, within the time limited by the notice, he will proceed to make a final dividend without regard to their claims. (2) After the expiration of the time so limited, or, if the Court on application by any such claimant grants him further time for establishing his claim, then on the expiration of that further time, the property of the insolvent shall be divided among the creditors who have proved their debts, without regard to the claims of any other persons. {S.74 has been amended in its application to Bombay and Madras by the Presidency-towns Insolvency (Bombay Amendment) Act, 1933 (Bom.20 of 1933), s.2, and the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 1943), s.6 } Section 74 - No suit for dividend No suit for a dividend shall lie against the official assignee, but, where the official assignee refuses to pay any dividend, the Court may, on the application of the creditor who is aggrieved by such refusal, order him to pay it, and also to pay out of his own money interest thereon at such.....

Presidency-towns Insolvency Act, 1909 Section 55

Title: Avoidance of Voluntary Transfer

State: Central

Year: 1909

Any transfer of property, not being a transfer made before any and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good faith and for valuable consideration, shall, if the transferor is adjudged insolvent within two years after the date of the transfer, be void against the official assignee.