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Presidency-towns Insolvency Act, 1909 Section 118

Title: Formal Defect Not to Invalidate Proceedings

State: Central

Year: 1909

(1) No proceeding in insolvency shall be invalidated by any formal defect or by any irregularity, unless the Court before which an objection is made to the proceeding is of opinion that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of that Court. (2) No defect or irregularity in the appointment of an official assignee or member of a committee of inspection shall vitiate any act done by him in good faith.

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 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 Complete Act

Title: Presidency-towns Insolvency Act, 1909

State: Central

Year: 1909

.....to officers of Court Section7 - Power of Court to decide all questions arising in insolvency Section8 - Appeals Appeals in insolvency Part II Section9 - Acts of insolvency Acts of insolvency Section10 - Power to adjudicate Section11 - Restrictions on jurisdiction Section12 - Conditions on which creditor may petition Section13 - Proceedings and order on creditors petition Section14 - Conditions on which debtor may petition Section15 - Proceedings and order on debtors petition Section16 - Discretionary powers as to appointment of inter in receiver Section17 - Effect of order of adjudication Section18 - Stay of proceedings Section18A - Control over insolvency proceedings in subordinate Courts Section19 - Power to appoint special manager Section20 - Advertisement of order of adjudication Section21 - Power for Court to annul adjudication in certain cases Section22 - Concurrent proceedings in Courts in India Section23 - Proceedings on annulment Section24 - Insolvents schedule Section25 - Protection order Section26 - Meeting of creditors Section27 - Public examination of the insolvent Section28 - Submission of proposal and acceptance by creditors Section29 -.....

Prince of Wales Museum Act, 1909 Complete Act

State: Central

Year: 1909

.....substituted for the word Provincial" by the Adaptation of Laws Order, 1950. 6. These words were inserted by s,2 a Prince of Wales Museum (Amendment) Act 1922, (Bom. Act 2of 1922). 7. Clause (hh) was inserted by Bom. 19 of 1933, s.2. (3) In the case of ex-officio members the person for the time being performing the duties of any of the offices mentioned in sub-section(2) shall act as a member. (4) Al acts done by a majority of the members present and voting at a meeting of the Board shall be deemed to be acts of the Board. (5) No act of the Board shall be deemed to be invalid merely by reason of any vacancy in, or defect in the constitution of, the Board. (6) The Board may appoint a person to act as their Secretary. (7) Orders for the payment of money on behalf of the Board shall be deemed to be sufficiently authenticated if signed by two members and countersigned by the Secretary. SECTION 03A: TERM OF OFFICE ELECTION AND APPOINTMENT OF NEW MEMBERS IF A VACANCY It provides that the changes made in the designation of the principal of Sir Jarnsetjee Jeejeebhoy School of Art, will not affect acts and powers of the Board of Trustees of the Prince of Wales Museum constituted under.....