Bare Act Search Results

Code of Civil Procedure, 1908 Part II

Title: Execution

State: Central

Year: 1908

..... 30 [***] ____________________ 1. For amendments to section 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Punjab Act 7 of 1934), section 35, as amended by Punjab Acts 12 of 1940 and 6 of 1942. 2. Substituted by Act 104 of 1976, section 23(i)(a), for "an agriculturist" (w.e.f. 1-2-1977). 3. Inserted by Act 104 of 1976, section 23(i)(b), (w.e.f. 1-2-1977). 4. For such a notification, see Gazette of India, 1909, Pt. I, p.5. 5. Substituted by the A.O. 1937, for "the G.G. in C." 6. Substituted by Act 9 of 1937, section 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937, See Act 9 of 1937, section 3. 7. The words "and salary, to the extent of the first hundred rupees and one-half the remainder of such salary" omitted by Act 5 of 1943, section 2. 8. Substituted by Act 5 of 1943, section 2, for clause (i) and proviso. 9. Substituted by Act 26 of 1963, section 2, for "the first hundred rupees". 10. Substituted by Act 104 of 1976, section 23(i)(c)(i), for "two hundred rupees and one-half the remainder".....

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 Appendix D

Title: Decrees

State: Central

Year: 1908

.....to the institution of the suit. Or 2. That an inquiry be made as the account of mesne profits which have accrued dueprior to the institution of the suit. 3. That an inquiry be made as tothe amount of mesne profitsfrom the institution of the suit until [the delivery of possession to thedecree-holder] [the relinquishment of possession by the judgment-debtor withnotice to the decree-holder through the Court] [the expiration of three yearsfrom the date of the decree]. ___________________ 1. Substituted by Act 21 if 1929,section 8 and Schedule, for Forms 3 to 11. 2.Words not required to be deleted. 3.Here insert name of proper officer. Total Total Total Total

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

Presidency-towns Insolvency Act, 1909 Part III

Title: Administration of Property

State: Central

Year: 1909

.....of the act of insolvency on which an order of adjudication is made against him, or (b) if the insolvent is proved to have committed more acts of insolvency than one, the time of the first of the acts of insolvency proved to have been committed by the insolvent within three months next preceding the date of the presentation of the insolvency petition: Provided that no insolvency petition or order of adjudication shall be rendered invalid by reason of any act of insolvency committed anterior to the debt of the petitioning creditor. Section 52 - Description of insolvents property divisible amongst creditors (1) The property of the insolvent divisible amongst his creditors, and in this Act referred to as the property of the insolvent, shall not comprise the following particulars, namely: (a) property held by the insolvent on trust for any other a person; (b) the tools (if any) of his trade and the necessary wearing apparel, bedding, cooking vessel, and furniture of himself, his wife and children, to a value, inclusive of tools and apparel and other necessaries as aforesaid, not exceeding three hundred rupees in the whole. (2) Subject as aforesaid, the property.....

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.

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.....

Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Chapter 4

Title: Effect of Consolidation Proceedings and of Consolidation of Holdings

State: Central

Year: 1947

.....29A was inserted by Bom.Act 69 of 1963, Sec. 11. 2. These words were substituted forthe words and figures "Bom. Tenancy and Agricultural Lands Act, 1948"by Bom. Act of 61 of 1958 Sec. 3(19). Section 30 - Apportionment of compensation or net value in case of dispute Wherethere is a dispute in respect of the apportionment of - (a)the amount of compensation determined under sub-section (2) of section 16 orsub-section (4) of section 17; 1 [(aa) the amount of compensationdetermined under section 18; 2 [(b)the amount of additionalcompensation or reduction in compensation determined under subsection (4), orthe net value realised or payable under sub-section (6) or (7) of section 21]; (c)the total amount of compensation determined under sub-section (2) of section29, the Consolidation Officer shall refer the dispute to the decision of theDistrict Court and deposit the amount of the compensation or net value, as thecase may be, in the Court and thereupon the provisions of sections 33, 53 and54 of the Land Acquisition Act, 1894,3 [* * *] 4 [* *]shall, so far as may, apply. _______________________ 1. Inserted by Bom. Act 61 of 1958,Sec. 3(20). 2. Subs. by Mah. Act, 19.....

Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Section 29

Title: Transfer of Encumbrances

State: Central

Year: 1947

.....therefrom and attach itself to the holding allotted to him under the scheme or to such part of if as the Consolidation Officer may, subject to any rules made under section 37, appoint; and the 3[* *] mortgagee, creditor or other incumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a 1[***] mortgage, debt or other encumbrance is transferred under section (1) is of less market value than the original holding from which it is transferred the 3[* * * ] mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the prescribed manner, put any 3[* * *] mortgagee or other encumbrancer entitled to possession into possession of the holding to which his 1[* *] mortgage or other encumbrance has been transferred under subsection (1). __________________ 1. The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1). 2. These words were inserted, by Bom......

Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Maharashtra) Section 29

Title: Transfer of Encumbrances

State: Maharashtra

Year: 1947

.....therefrom and attach itself to the holding allotted to him under the scheme or to such part of if as the Consolidation Officer may, subject to any rules made under section 37, appoint; and the3[* *] mortgagee, creditor or other incumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a1[***] mortgage, debt or other encumbrance is transferred under section (1) is of less market value than the original holding from which it is transferred the3[* * * ] mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the prescribed manner, put any3[* * *] mortgagee or other encumbrancer entitled to possession into posses sion of the holding to which his1[* *] mortgage or other encumbrance has been transferred under sub section (1). ____________________ 1. The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1). 2. These words were inserted, by Bom......