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Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Preamble 1

Title: Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952

State: Central

Year: 1952

INDIAN INDEPENDENCE PAKISTAN COURTS (PENDING PROCEEDINGS) ACT, 1952 [Act, No. 9 of 1952] [23rd February, 1952] PREAMBLE An Act to render ineffective certain decrees and orders passed by Courts in Pakistan against a Government in India and to provide an alternative remedy to persons who have secured such decrees or orders. BE it enacted by Parliament as follows:--

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Complete Act

State: Central

Year: 1952

.....enacted by Parliament as follows :- SECTION 01: SHORT TITLE This Act may be called the Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952. SECTION 02: DEFINITION - In this Act, the expression "decree to which this Act applies "means any such judgment, decree or order as referred to in - (i) clause (3) of Article 4 of the Indian Independence (Legal Proceedings) Order, 1947, or (ii) paragraph (5) or paragraph (6) of Article 13 of the High Courts (Bengal) Order, 1947, or (iii) paragraph (4) or paragraph (6)1[of Article 13] of the High Courts (Punjab) Order, 1947, which has been or may hereafter be passed by a Court in Pakistan and which imposes any liability or obligation on a Government in India. SECTION 03: CERTAIN PAKISTAN DECREES NOT TO BE GIVEN EFFECT TO IN INDIA Notwithstanding anything contained in any of the Orders referred to insection 2-, no decree to which this Act applies shall be given effect to by any Court or authority in India in so far as such decree imposes any liability or obligation on any Government in India. SECTION 04: RIGHT OF HOLDER OF A DECREE TO WHICH THIS ACT APPLIES TO INSTITUTE FRESH PROCEEDINGS IN INDIA Notwithstanding anything.....

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Section 1

Title: Short Title

State: Central

Year: 1952

This Act may be called the Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952.

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Complete Act

Title: Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952

State: Central

Year: 1952

Preamble1 - INDIAN INDEPENDENCE PAKISTAN COURTS (PENDING PROCEEDINGS) ACT, 1952 Section1 - Short title Section2 - Definition Section3 - Certain Pakistan decrees not to be given effect to in India Section4 - Right of holder of a decree to which this Act applies to institute fresh proceedings in India Section5 - Repeal of Ordinance VI of 1951

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Section 4

Title: Right of Holder of a Decree to Which This Act Applies to Institute Fresh Proceedings in India

State: Central

Year: 1952

Notwithstanding anything contained in section 3 of the Indian Limitation Act, 1908 ,any person in whose favor a decree to which this Act applies has been passed may, within one year from the commencement of this Act, or within one year from the date of the decree, whichever is later, institute a fresh suit or other legal proceeding in respect of the cause of action on which such decree was based, and any such suit or other legal proceeding may, notwithstanding anything contained in section 20 of the Code of Civil Procedure, 1908, or in any other law or in any agreement to the contrary relating to the place of suing, be instituted in any Court otherwise competent to try it, within the local limits of whose jurisdiction the person instituting it voluntarily resides or carries on business or personally works for gain.

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Section 2

Title: Definition

State: Central

Year: 1952

In this Act, the expression "decree to which this Act applies "means any such judgment, decree or order as referred to in-- (i) Clause (3) of Article 4 of the Indian Independence (Legal Proceedings) Order, 1947, or (ii) Paragraph (5) or paragraph (6) of Article 13 of the High Courts (Bengal) Order, 1947,or (iii) Paragraph (4) or paragraph (6) 1 [of Article 13] of the High Courts (Punjab) Order, 1947, which has been or may hereafter be passed by a Court in Pakistan and which imposes any liability or obligation on a Government in India. _____________________________ 1. Inserted by the Repealing and Amending Act 1952 (Act 48 of 1952) w.e.f 02.08.1952.

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Section 5

Title: Repeal of Ordinance Vi of 1951

State: Central

Year: 1952

[Repealed by the Repealing and Amending Act, 1957 (Act 36 of 1957) 17.09.1957]

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Section 3

Title: Certain Pakistan Decrees Not to Be Given Effect to in India

State: Central

Year: 1952

Notwithstanding anything contained in any of the Orders referred to in section 2, no decree to which this Act applies shall be given effect to by any Court or authority in India in so far as such decree imposes any liability or obligation on any Government in India.

Chit Funds Act, 1982 Complete Act

State: Central

Year: 1982

..... (a) that the security offered by the foreman under section 20 is insufficient; (b) that the foreman had been convicted of any offence under this Act or under any other Act regulating chit business and sentenced to imprisonment for any such offence; (c) that the foreman had defaulted in the payment of fees or the filing of any statement or record required to be paid or filed under this Act or had violated any of the provisions of this Act or the rules made thereunder; (d) that the foreman had been convicted of any offence involving moral turpitude and sentenced to imprisonment for any such offence unless a period of five years has elapsed since his release: Provided further that before refusing to register a chit under the first proviso, the foreman shall be given a reasonable opportunity of being heard. (3) Every endorsement made under sub-section (2) shall be conclusive evidence that the chit is duly registered under this Act and the registration of a chit shall lapse if the declaration by the foreman under sub-section (1) of section 9-is not filed within three months from the date of such endorsement or within such further period or periods not exceeding three months in.....

Chit Funds Act, 1982 Chapter X

Title: Winding Up of Chits

State: Central

Year: 1982

.....or (c) if he fails to deposit any amount required to be deposited under any of the provisions of this Act; or (d) if it is proved to the satisfaction of the Registrar that the foreman is unable to pay the amounts due to the subscribers; or (e) if the execution or other process issued on an order passed by the Registrar in favour of any subscriber in respect of amounts due to him from the foreman in relation to the chit business is returned unsatisfied in whole or in part; or (f) if it is proved that there has been a fraud or collusion on the part of the foreman in the matter of taking securities from any prized subscriber; or (g) if the foreman has appropriated the prize amount in his capacity as a subscriber without furnishing sufficient security for future subscriptions; or (h) if the Registrar is satisfied that the affairs of the chit are being conducted in a manner prejudicial to the interests of the subscribers; or (i) if it is just and equitable that the chit should be wound up. Explanation.-For the purpose of clause (d), in determining whether the foreman is unable to pay the amount due to the subscribers, the Registrar shall, take into account his.....