Bare Act Search Results

Provincial Insolvency Act, 1920 Part III

Title: Administration of Property

State: Central

Year: 1920

..... Where no receiver is appointed, the Court shall have all the rights of, and may exercise all the powers conferred on, a receiver under this Act. Section 59 - Duties and powers of receiver Subject to the provisions of this Act, the receiver shall, with all convenient speed, realise the property of the debtor and distribute dividends among the creditors entitled thereto, and for that purpose may (a) sell all or any part of the property of the insolvent; (b) give receipts for any money received by him; and may, by leave of the Court, do all or any of the following things, namely: (c) carry on the business of the insolvent so far as may be necessary for the beneficial winding up of the same; (d) institute, defend or continue any suit or other legal proceeding relating to the property of the insolvent; (e) employ a pleader or other agent to take any proceedings or do any business which may be sanctioned by the Court; (f) accept as the consideration for the sale of any property of the insolvent a sum of money payable at a future time subject to such stipulations as to security and otherwise as the Court thinks fit; (g) mortgage or pledge any part of the.....

Provincial Insolvency Act, 1920 Section 64

Title: Final Dividend

State: Central

Year: 1920

When the receiver has realised all the property of the insolvent or so much thereof as can, in the opinion of the Court, be realised without needlessly protracting the receivership, he shall declare a final dividend; but before so doing, he shall give notice in manner prescribed to the persons whose claims to be creditors have been notified but not proved, that if they do not prove their claims within the time limited by the notice, he will proceed to make a final dividend without regard to their claims.After the expiration of the time so limited, or if the Court, on application by any such claimant, grants him further time for establishing his claim, then any the expiration of such further time, the property of the insolvent shall be divided among the creditors entered in the schedule without regard to the claims of any other persons.

Presidency-towns Insolvency Act, 1909 Part III

Title: Administration of Property

State: Central

Year: 1909

.....prescribed to the persons whose claims to be creditors have been notified to him but not proved that, if they do not prove their claims, to the satisfaction of the Court, within the time limited by the notice, he will proceed to make a final dividend without regard to their claims. (2) After the expiration of the time so limited, or, if the Court on application by any such claimant grants him further time for establishing his claim, then on the expiration of that further time, the property of the insolvent shall be divided among the creditors who have proved their debts, without regard to the claims of any other persons. {S.74 has been amended in its application to Bombay and Madras by the Presidency-towns Insolvency (Bombay Amendment) Act, 1933 (Bom.20 of 1933), s.2, and the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 1943), s.6 } Section 74 - No suit for dividend No suit for a dividend shall lie against the official assignee, but, where the official assignee refuses to pay any dividend, the Court may, on the application of the creditor who is aggrieved by such refusal, order him to pay it, and also to pay out of his own money interest thereon at such.....

Presidency-towns Insolvency Act, 1909 Section 73

Title: Final Dividend

State: Central

Year: 1909

(1) When the official assignee has realized all the properly of the insolvent, or so much thereof as can, in his opinion, be realized without needlessly protracting the proceedings in insolvency, he shall, with the leave of the Court, declare a final dividend; but, before so doing, he shall give notice in manner prescribed to the persons whose claims to be creditors have been notified to him but not proved that, if they do not prove their claims, to the satisfaction of the Court, within the time limited by the notice, he will proceed to make a final dividend without regard to their claims. (2) After the expiration of the time so limited, or, if the Court on application by any such claimant grants him further time for establishing his claim, then on the expiration of that further time, the property of the insolvent shall be divided among the creditors who have proved their debts, without regard to the claims of any other persons. {S.74 has been amended in its application to Bombay and Madras by the Presidency-towns Insolvency (Bombay Amendment) Act, 1933 (Bom.20 of 1933), s.2, and the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 1943), s.6 }

Carriage of Goods by Sea Act, 1925 Complete Act

State: Central

Year: 1925

.....the trade, the weight entered in the bill of lading is a weight ascertained or accepted by a third part other than the carrier or shipper and this fact is so stated in the bill of lading."- Gazette of India. 1925, Part V, page 37. REPORT OF JOINT COMMITTEE The following report of the Joint Committee on the Bill to amend the law with respect to the carriage of goods by sea was presented to the Legislative Assembly on the 31st August 1925:- "We the undersigned Members of the Joint Committee to which the Bill to amend the law with respect to the carriage of goods by sea was referred, have considered the Bill and the papers noted in the margin and have now the honour to submit this our Report, with the Bill as amended by us annexed thereto. We have made one change in the Bill, the substitution of new Cl. 5. Original Cl. 5, following lines of the English Act, exempted the whole of the coasting trade from the requirement that in all cases a bill of lading should be issued subject to the conditions prescribed in the Rules, that is to say, such trade was excluded from the operation of the Rules. It is clear from the opinions received that, contrary to the English practice, bills of.....

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....

Presidency Towns Insolvency Act, 1909 Complete Act

State: Central

Year: 1909

.....and non-traders has been abolished. Under the Act there is power to appoint special assignees, but it is believed that this power has never in fact beep exercised in recent years. The object of it is to secure for the creditors some control over the proceedings in insolvency, but the fact that it is not made use of appears' to show that it is ineffective for that purpose. It is proposed therefore, for consideration, that the power to appoint special assignees should not be retained, but that there should be power to appoint a committee of creditors to supervise proceedings in cases in which it may be desirable to do so. This procedure is new to Indian law and for that reason it seems inexpedient, in the first instance, to define with any exactness the extent of the control which should be given to such committees. It is thought better to Lave the matter to roles, in order that advantage may be taken of experience. Under the English system the supervising authority for bankruptcy proceedings is the Board of Trade, but ] India we have nothing corresponding to that body; powers of supervision must therefore be left to the Courts.......surrenuering any practical advantage by.....

Railway Claims Tribunal Act, 1987 Complete Act

State: Central

Year: 1987

.....the documents on or before the date of hearing. (2) In reply filed under sub-rule (1), the respondent shall specifically admit, deny or explain the facts stated by the applicant in his application and state such additional facts as may be found necessary in his reply along with affidavit. 11(3) When the respondent admits the facts stated in the application, the Tribunal may make order in this regard. RULE 15A: FILING OF REJOINDER 12The applicant intending to file rejoinder to the written reply filed by the respondent may do so with the permission of the Tribunal. RULE 15B: ADMISSIONS AND DENIAL OF DOCUMENTS 12The Tribunal may, before framing issues ascertain from parties or their authorized representatives whether they admit or deny documents accompanying the application or reply, if any, and shall record such admission and denial. RULE 15C: MARKING OF DOCUMENTS 12The documents filed by the applicant shall be marked as "A" series and the documents filed by the respondent shall be marked as "R" series and the Tribunal exhibits shall be marked as "C" series. RULE 16: SUMMARY DISMISSAL OF APPLICATION The Tribunal, may, after considering the application, summarily dismiss the.....

Railway Companies (Substitution of Parties in Civil Proceedings) Act, 1946 Complete Act

State: Central

Year: 1946

.....is hereby enacted as follows :- SECTION 01: SHORT TITLE This Act may be called The Railway Companies (Substitution of Parties in Civil Proceedings) Act, 1946. SECTION 02: INTERPRETATION In this Act, "civil proceeding" includes an appeal or execution proceeding. SECTION 03: SUBSTITUTION OF GOVERNOR GENERAL IN COUNCIL IN CERTAIN CIVIL PROCEEDINGS (1) In every civil proceeding pending at the commencement of this Act to which the Bengal-Nagpur Railway company Limited, or the Bombay, Baroda and Central India Railway Company, or the Bengal and North Western Railway Company Limited, or the Rohilkhand and Kumaon Railway Company Limited, is a party and which is founded on any right or liability assumed by the Central Government under certain arrangements made by the Central Government with the said Companies, the Governor-General in Council shall, notwithstanding anything to the contrary in the Code of Civil Procedure, 1908, be deemed to be substituted in the place and stead of the Company, and every such proceeding may be continued by or against the Governor-General in Council accordingly, and the Company shall be discharged from all liability in connection with the proceeding. (2).....

The Presidency Small Cause Courts (Bombay Amendment) Act, 1933 Complete Act

State: Central

Year: 1933

.....arc, in many particulars defective, and that though, owing to the efficient manner in which they have been worked, they have generally given satisfaction, questions have often to be discussed in them which, to use the words of a late Small Cause Court Judge, now on the Bench of the Madras High Court, are totally foreign to the people who resort to them; and some of which have only an historic interest even in England. The need of completely revising the law relating to these Courts was pointed out many years ago by Mr. Fagan and Mr. Boulnois, two of the ablest Judges who have presided in the Calcutta Small Cause Court; and in the year 1868, a Bill was drafted for this purpose by Mr. Pitt Kennedy, but further action in the matter has been, from time to Lime, postponed pending the consideration of certain proposals regarding the jurisdiction and powers of the Courts. These proposals having been fully discussed, as near an approach to unanimity regarding them as can well be hoped for has been attained, and the present Bill has accordingly been prepared to consolidate and amend the entire law. The most important change introduced by i lies in the extension of the pecuniary limit.....