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Home Bare Acts Phrase: realizationPresidency-towns Insolvency Act, 1909 Section 33
Title: Duties of Insolvent as to Discovery and Realization of Property
State: Central
Year: 1909
.....and (e) generally do all such acts and things in relation to his property and the distribution of the proceeds amongst his creditors. as may be required by the official assignee or special manager or may be prescribed or be directed by the Court by any special order or orders made in reference to any particular case, or made on the occasion of any special application by the official assignee or special manager, or any creditor or person interested. (3) The insolvent shall aid, to the utmost of his power, in the realization of his property and the distribution of the proceeds among his creditors. (4) If the insolvent wilfully fails to perform the duties imposed upon him by this section, or to deliver up possession to the official assignee of any part of his property, which is divisible amongst his creditors under this Act and which is for the time being in his possession or under his control, he shall, in addition to any other punishment to which he may be subject be, guilty of a contempt of Court, and may be punished accordingly.
View Complete Act List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 43
Title: Duty of Discharged Insolvent to Assist in Realization of Property
State: Central
Year: 1909
A discharged insolvent shall, notwithstanding his discharge, give such assistance as the official assignee may require in the realization and distribution of such of his property as is vested in the official assignee, and, if he fails to do so, shall be guilty of a contempt of Court; and the Court may also, if it thinks fit, revoke his discharge, but without prejudice to the validity of any sale, disposition or payment duly made or thing duly done subsequent to the discharge, but before its revocation.
View Complete Act List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 68
Title: Duty and Powers of Official Assignee as to Realization
State: Central
Year: 1909
.....of his debts or for the purpose of carrying on the business; (h) refer any dispute to arbitration, and compromise all debts, claims and liabilities, on such terms as may be agreed upon; (i) divide in its existing form amongst the creditors, according to its estimated value, any property which, from its peculiar nature or other special circumstances, cannot readily or advantageously be sold. {In the application of the Act to Bombay, this sub-section has been repealed: see the Presidency-towns Insolvency (Bombay Amendment) Act, 1933 (Bom.20 of 1933), s.11 and Sch.I} (2) The official assignee shall account to the Court and pay over all monies and deal with all securities in such manner {For Madras, the words "as is laid down in this Act or" have been ins.here by the Presidency-towns Insolvency (Madras Amendment) Act, 1943 (Mad.5 of 1943), s.3} as is prescribed or as the Court directs.
View Complete Act List Judgments citing this sectionPresidency 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.....
List Judgments citing this sectionThe Delhi Protection of Interests of Depositors Act, 2001 Complete Act
State: Delhi
Year: 2001
.....for permission to give security in lieu of such attachment and where the security offered and given is, in the opinion of the Designated Court, satisfactory and sufficient, it may cancel the order of attachment or, as the case may be refrain from passing the order of attachment. 14. Administration of property attached:- The Designated Court may, on the application of any person interested in any property attached and vested in the Competent Authority under this Act, and after giving the Competent Authority an opportunity of being heard, make such orders as the Designated Court consider just and reasonable for - a. providing from such of the property attached and vested in the Competent Authority as the applicant claims an interest in such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicant where criminal proceedings have been instituted against him in the Designated Court under section 3; b. safeguarding so far as may be practicable the interest of any business affected by the attachment and in particular, the interest of any partners in such business; c. liabilities.....
List Judgments citing this sectionThe Kerala Panchayat Raj Act, 1994 Complete Act
State: Kerala
Year: 1994
.....articles of food or for the sale, or purchase of livestock or poultry, or of any agricultural or industrial or industrial produce or any raw or manufactured products or any other articles or commodity necessary for the convenience of life provided that a single shop or a group of shops not being more than six in number shall not be deemed a market; (xxvi) 'member' means the member of a Panchayat at any level; (xxvi) 'Panchayat' means a. Village Panchayat, a Block Panchayat or a District Panchayat; (xxvi) 'Panchayat area' means the area within the territorial jurisdiction of a Panchayat; (xxvii) 'political party' means a political party registered under Section 29 A of the Representation of the People Act, 1951 (Central Act 43 of 1951); (xxviii) 'polling stations' means any place appointed for holding election to a Panchayat; (xxix) 'population' means the population assessed at the last census the relevant details of which have been officially published; (xxx) 'prescribed' means prescribed by the rules made under this Act; (xxxi) 'President' or 'Vice-President' means the President or the Vice-President of a Village Panchayat or Block Panchayat or District.....
List Judgments citing this sectionThe Jharkhand Municipal Act, 2011 Complete Act
State: Jharkhand
Year: 2011
.....Government in relation to a Municipal Council, or the Nagar Panchayat, the Executive Officer of the Municipal Council or the Nagar Panchayat; (47) "Factory" means a factory as defined in the Factories Act, 1948; (48) "Filth" means (a) night soil or other contents of latrines, cesspools and drains; (b) dirt, dung, refuse, useless or offensive materials thrown out in consequence of any process of manufacture, industry or trade; and (c) putrid or putrifying substance, (49) "Finance Commission" means the State Finance Commission constituted under Article 243-I of the Constitution of India and referred to in section 97 of this Act; (50) "Food" includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into, or is used in the composition or preparation of, human food, and also includes confectionery, flavouring and colouring matters, spices and condiments; (51) "Footpath" means a pavement, for use by pedestrians; (52) "Goods" include animals; (53) "Government" means the State Government of Jharkhand; (54) "Holding" means land held under one title or agreement and surrounded by one set of boundaries: Provided that, where two.....
List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Schedule II
Title: Proof of Debts
State: Central
Year: 1909
..... 13. Amendment of valuation.- Where a creditor has so valued his security, he may at any time amend the valuation and proof on showing to the satisfaction of the official assignee, or the Court, that the valuation and proof were made bona fide on a mistaken estimate, or that the security has diminished or increased in value since its previous valuation; but every such amendment shall be made at the cost of the creditor, and upon such terms as the Court shall order, unless the official assignee shall allow the amendment without application to the Court. 14. Refund of excess received.- Where a valuation has been amended in accordance with the foregoing rule, the creditor shall forthwith repay any surplus dividend which he has received in excess of that to which he would have been entitled on the amended valuation, or, as the case may be, shall be entitled to be paid out of any money for the time being available for dividend, any dividend or share of dividend which he has failed to receive by reason of the inaccuracy of the original valuation, before that money is made applicable to the payment of any future dividend, but he shall not be entitled to disturb the distribution of.....
View Complete Act List Judgments citing this sectionThe Village Chaukidari Act, 1870 Complete Act
State: Jharkhand
Year: 1870
.....to perform the duties thereof, and shall not within 2[thirty days] from the date of his appointment, or from such omission, show grounds to the satisfaction of the (Substituted by Ben. Act 1 of 1892) [District Magistrate] for such refusal or omission, he shall be liable to a fine which may extend to fifty rupees : Provided that every person who shall have paid any fine under the provisions of this section shall thereupon cease to be a member of the panchayat and shall not be liable to be re-appointed a member of panchayat for the space of (Substituted by Ben. Act 1 of 1886) [three years] from the day of the payment of such fine. Section 9 - Period on which panchayat to be appointed (Substituted by Ben. Act 1 of 1886) [Every member of a panchayat appointed under section 3 shall be appointed for the term of three years. Every member of a panchayat appointed under section 6 shall be appointed only for a term equal to the unexpired portion of the term for which the member whom he succeeds was appointed. Section 9A - Exemption from serving on panchayat (Inserted by Ben. Act 1 of 1886) [No member of a panchayat, after the expiry of his term of office, shall be again.....
List Judgments citing this sectionThe Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011 Complete Act
State: Uttarakhand
Year: 2011
.....to carry on business or work as a Trader, Commission Agent, Dalal, Palledar, Warehouseman, Contract Farming Buyer, Processor, Owner or Manager of a factory or in such other capacity, may apply to the Market Committee for registration or renewal within such period and in accordance with such procedure, as may be prescribed except under and in accordance with the conditions of license obtained therefore from the Committee concerned. (2) The Market Committee may grant or renew the registration or refuse to register or renew the registration, on the basis of one or more following reasons " (a) the applicant is a minor or is not bonafide; (b) the applicant has been declared defaulter under this Act and Rules and bye-laws made there under; or (c) the applicant has been declared guilty under this Act. (3) (a) the application received under sub-section (1) shall be disposed off by the Market Committee as required in sub-section (2) within four weeks; but if the Market Committee fails to dispose off the applications within four weeks, then- (i) the applicant may send a written reminder to the Market Committee about his application; (ii) In addition, the applicant may inform.....
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