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Home Bare Acts Phrase: liquidated demandCode 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.....
List Judgments citing this sectionKarnataka Land Revenue Act, 1964 Chapter XIV
Title: Realisation of Land Revenue and Other Public Demands
State: Karnataka
Year: 1964
.....responsible, shall pay the costs lawfully incurred by the1[Tahsildar], up to the time of such relinquishment and furnish security to the satisfaction of the1[Tahsildar] for the payment of the revenue, at the time at which or in the instalment in which, it is payable under the provisions of this Chapter. ____________________ 1. Substituted by Act 5 of 1970 w.e.f. 23.10.1969. Section 190 - Recovery of other public demands The following moneys may be recovered under this Act in the same manner as an arrear of land revenue, namely:-- (a) all rents, royalties, water rates, ceases, fees, charges, premia, penalties and fines due to the State Government, for use or occupation of land or water or any product of land; (b) all moneys due to the State Government under any grant, lease or contract, which provides that they shall be recoverable as arrears of land revenue; (c) all sums declared by this Act or any other law for the time being inforce to be recoverable as an arrear of land revenue. Section 191 - Recovery of moneys from surety Every person who may have become a surety by or under any of the provisions of this Act or under any other enactment or any grant,.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Part X
Title: Rules
State: Central
Year: 1908
..... 1. Substituted by the A.O. 1937, for section 126. 2. Substituted by the A.O. 1950, for "Governor General". Section 127 - Publication of rules Rules so made and1[approved] shall be published in the2[Official Gazette], and shall from the dale of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. ___________________ 1. Substituted by Act 24 of 1917, section 2 and Schedule 1, for "sanctioned". 2. Substituted by the A.O. 1937, for "Gazette of India or in the local official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant. Section 128 - Matters for which rules may provide (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 128
Title: Matters for Which Rules May Provide
State: Central
Year: 1908
.....any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely: (a) the service of summons, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service; (b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale; (c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction ; (d) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts; (e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not; (f) summary procedure (i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising .....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 7
Title: Summary Procedure
State: Central
Year: 1908
.....suit. (5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just: Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious: Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court. (6) At the hearing of such summons for judgment,-- (a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or (b) if the defendant is permitted to defend as to the whole or.....
View Complete Act List Judgments citing this sectionCOMPANIES (OFFICIAL LIQUIDATOR'S ACCOUNTS) RULES, 1965 Complete Act
State: Central
Year: 1965
.....and payment or for payment, as the case may be, and the proceeds, when realised, shall be credited by the Reserve Bank to the said account and the fact intimated to the official liquidator. Any discount deducted or allowed on realisation by the official liquidator in payment of the amount due to him or other bank charges or any other charges shall be recoverable from the persons making the payment. 7. Remittance.- (1) Payments made in cash and those made by cheque shall be remitted to the Reserve Bank under separate challans. (2) The acknowledgement of the Reserve Bank shall be obtained for all moneys remitted into the Reserve Bank to the credit of the said account. 8. Withdrawals from Bank.- All moneys required by the official liquidator for meeting the expenses of, or for making cash payments in connection with, the liquidation of a company in his charge, shall be withdrawn from the Reserve Bank by cheques and every payment made by the official liquidator in excess of Rs. 50 shall be made by cheque drawn against the said account. 9. Periodical examination of accounts.- The official liquidator shall, at the end of every three months, examine the account of each.....
List Judgments citing this sectionCompanies Act, 1956 Section 457
Title: Powers of Liquidator
State: Central
Year: 1956
.....inviting bids shall contain the following details, namely:-- (a) name, address of registered office of the company and its branch offices, factories and plants and the place where assets of the company are kept and available for sale; (b) last date for submitting bids which shall not exceed ninety days from the date of advertisement; (c) time during which the premises of the company shall remain open for inspection; (d) the last date for withdrawing the bid; (e) financial guarantee which shall not be less than one-half of the value of the bid; (f) validity period of the bids; (g) place and date of opening of the bids in public; (h) reserve price and earnest money to be deposited along with the bid; (i) any other terms and conditions of sale which may be prescribed. (2G) The liquidator appointed shall-- (a) maintain a separate bank account for each company under his charge for depositing the sale proceeds of the assets and recovery of debts of each company; (b) maintain proper books of account in respect of all receipts and payments made by him in respect of each company and submit half yearly return of receipts and payments to the Tribunal.] (3).....
View Complete Act List Judgments citing this sectionInsurance Act, 1938 (4 of 1938) Section 92
Title: Procedure at Liquidation
State: Central
Year: 1938
.....(7 of 1913). 8 [(13) The costs of the liquidation including the remuneration of the liquidator and any expenses incurred under clause (g) of sub-section (1) of section 91 or shall, if the liquidator decides that they shall be payable out of the assets of the society, be payable in priority to all other claims.] _________________________ 1. Substituted by Act 47 of 1950, section 54, for "the Superintendent of Insurance shall appoint a suitable person" (w.e.f. 1-6-1950). 2. Substituted by Act 41 of 1999, section 30 and Schedule I, for "Controller" (w.e.f. 19-4-2000). 3. Substituted by Act 41 of 1999, section 30 and Schedule I, for " he" (w.e.f. 19-4-2000). 4. Substituted by Act 6 of 1946, section 41, for "if so desired" (w.e.f. 20-3-1946). 5. Substituted by Act 47 of 1950, section 54, for "and if so desired, shall also appoint a committee of inspection" (w.e.f. 1-6-1950). 6. Substituted by Act 47 of 1950, section 4, for "Superintendent of Insurance" (w.e.f. 1-6-1950) and again substituted by Act 41 of 1999, section 30 and Schedule I, for "Controller" (w.e.f. 19-4-2000). 7. Inserted by Act 47 of 1950, section 54 (w.e.f. 1-6-1950). 8. Added by Act 13 of.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 448
Title: Appointment of Official Liquidator
State: Central
Year: 1956
.....the assets and be paid to the Official Liquidator or to the Central Government, as the case may be. ( 6) The Official Liquidator shall conduct proceedings in the winding up of a company and perform such duties in reference thereto as the Tribunal may specify in this behalf: Provided that the Tribunal may -- (a) transfer the work assigned from one Official Liquidator to another Official Liquidator for the reasons to be recorded in writing; (b) remove the Official Liquidator on sufficient cause being sh own; (c) proceed against the Official Liquidator for professional misconduct.] _____________________ 1. Substituted by Act 11 of 2003, Section 63, for Section 448 (See Annexe).
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 275
Title: Company Liquidators and their Appointments
State: Central
Year: 2013
.....to be performed, experience, qualification of such liquidator and size of the company. (6) On appointment as provisional liquidator or Company Liquidator, as the case may be, such liquidator shall file a declaration within seven days from the date of appointment in the prescribed form disclosing conflict of interest or lack of independence in respect of his appointment, if any, with the Tribunal and such obligation shall continue throughout the term of his appointment. (7) While passing a winding up order, the Tribunal may appoint a provisional liquidator, if any, appointed under clause (c) of sub-section (1) of section 273, as the Company Liquidator for the conduct of the proceedings for the winding up of the company.
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