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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.

Presidency-towns Insolvency Act, 1909 Section 117

Title: Swearing of Affidavits

State: Central

Year: 1909

Any affidavit may be used in a Court having jurisdiction under this Act if it is sworn (a) in {Subs.by the A.O.1948} [the States {The words "of India" omitted by the A.O.1950}], before (i) any Court or Magistrate, or (ii) any officer or other person appointed to administer oaths under the Code of Civil Procedure, 1908; (5 of 1908) (b) in England, before any person authorized to administer oaths in His Majesty's High Court of Justice, or in the Court of Chancery of the County Palatine of Lancaster, or before any Registrar of a Bankruptcy Court, or before any officer of a Bankruptcy Court authorized in writing in that behalf by the Judge of the Court or before a Justice of the peace for the county or place where it is sworn; (c) in Scotland or in Ireland, before a Judge Ordinary, Magistrate or Justice of the Peace; and (d) in any other place, before a Magistrate or Justice of the Peace or other person qualified to administer oaths in that place (he being certified to be a Magistrate or Justice of the Peace, or qualified as aforesaid, by {Subs.by the A.O.1950 for "a British Minister or British Consul or British Political Agent} [an Indian Consul or Political Agent] or.....

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.....