Bare Act Search Results

Bengal Excise Act, 1909 Complete Act

State: West Bengal

Year: 1909

.....spirits of wine, spirit, wine, tari, pachwai, beer, 2828. Words and figures subs. for the words and figures "Section 261 of the Bengal Municipal Act 1884" by W.B. Act 34 of 1965. * * * * * and any substance which the 2929. Word subs. for the words "excisable article" by the Government of India (Adaptation of Indian Laws) Order, 1937. [State Government] may, by notification, declare to be liquor for the purposes of this Act. 3030. Word subs. for the words "excisable articles" by the Government of India (Adaptation of Indian Laws) Order. 1937. Explanatton. In this clause "spirit of wine" means plain spirit of or above such strength as the State Government may, by notification, specify ; (15) "manufacture" includes (I) every process, whether natural or artificial, by which any 3131. Word subs. for the words "excisable article" by the Government of India (Adaptation Indian Laws) Order, 1937. [intoxicant] is produced or prepared (including the tapping of tari-producing trees and the drawing of tart from trees), (II) re-distillation, and (III) every process for the rectification, flavouring, blending or colouring of liquor, 3232. Words subs. for the words "is kept" by W.B. Act.....

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of those which it is within the competency of the Legislative Council of the Governor-General to repeal, but if it be repealed and an Indian Act be substituted, it follows that these advantages must at least for the most part be abandoned, since an Act of the Indian Legislature cannot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 Section 35

Title: Redirection of Letters

State: Central

Year: 1909

Where the official assignee has been appointed interim receiver or an order of adjudication is made, the Court, on the application of the official assignee, may, from time to time, order that for such time, not exceeding three months, as the Court thinks fit, all post letters, whether registered or unregistered, parcels and money orders addressed to the debtor at any place or places mentioned in the order for redirection, shall be re-directed or delivered by the Postal authorities in the States, to the official assignee, or otherwise as the Court directs; and the same shall be done accordingly.

Presidency-towns Insolvency Act, 1909 Part XI

Title: Rules

State: Central

Year: 1909

.....the A.O.1937} [and, in the case of the High Court at Madras, may also provide for and regulate the remuneration of the official assignee and the payment of the costs, charges and expenses of his establishment].{For s.112A, applicable to Calcutta only, see the Presidency-towns Insolvency (Bengal Amendment) act, 1936 (Ben.18 of 1936), s.9}. {Subs.by the A.O.1937 for the original s.113} Section 113 - Sanction to rules Rules made under the provisions of this Part shall be subject to the previous sanction of the State Government.] Section 114 - Publication of Rules Rules so made and sanctioned shall be published {The words "in the Gazette of India or" rep.by the A.O.1937} in the Official Gazette, {The words "as the case may be" rep., ibid and shall thereupon have the same force and effect with regard to proceedings under this Act in the Court which made them as if they had been enacted in this Act.

Presidency-towns Insolvency Act, 1909 Section 54

Title: Duties of Court Executing Decree as to Property Taken in Execution

State: Central

Year: 1909

Where execution of a decree has issued against any property of a debtor which is saleable in execution, and before the sale thereof to notice is given to the Court executing the decree that an order of adjudication has been made against the debtor, the Court shall, on application, direct the property, if in the possession of the Court, to be delivered to the official assignee, but the costs of the execution shall be a first charge on the property so delivered, and the official assignee may sell the property or an adequate part thereof for the purpose of satisfying the charge.

Presidency-towns Insolvency Act, 1909 Section 112

Title: Rules

State: Central

Year: 1909

.....assignee under the direction of the Court out of the proceeds aforesaid; (i) the payment of any civil liability incurred by an official assignee acting under the order or direction of the Court; (j) the proceedings to be taken in connection with proposals for composition and schemes of arrangement with the creditors of insolvent debtors; (k) the intervention of the official assignee at the hearing of applications and matters relating to insolvent debtors and their estates; {Ins.by act 19 of 1927, s.5} [(kk) filing of lists of creditors and debtors and the affording of assistance to the Court by a petitioning debtor ;] (l) the examination by the official assignee of the books and papers of account of undischarged insolvent debtors; (m) the service of notices in proceedings under this Act; (n) the appointment, meetings and procedure of committees of inspection; (o) the conduct of proceedings under this Act in the name of a firm; (p) the forms to be used in proceedings under this Act; (q) the procedure to be followed in the case of estates to be administered in a summary manner; (r) the procedure to be followed in the case of estates of deceased persons to be.....

Presidency-towns Insolvency Act, 1909 Section 48

Title: Rules as to Proof of Debts

State: Central

Year: 1909

With respect to the mode of proving debts, the right of proof by secured and other creditors, the admission and rejection of proofs, and the other matters referred to in the Second Schedule, the rules in that Schedule shall be observed.

Presidency-towns Insolvency Act, 1909 Section 113

Title: Sanction to Rules

State: Central

Year: 1909

Rules made under the provisions of this Part shall be subject to the previous sanction of the State Government.]

Presidency-towns Insolvency Act, 1909 Section 114

Title: Publication of Rules

State: Central

Year: 1909

Rules so made and sanctioned shall be published {The words "in the Gazette of India or" rep.by the A.O.1937} in the Official Gazette, {The words "as the case may be" rep., ibid and shall thereupon have the same force and effect with regard to proceedings under this Act in the Court which made them as if they had been enacted in this Act.

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.....