Bare Act Search Results

Presidency-towns Insolvency Act, 1909 Part II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1909

.....Insolvency and the Provincial Insolvency (Bombay Amendment) Act, 1939 (Bom.15 of 1939), s.2} Explanation.For the purposes of this section, the act of an agent may be the act of the principal, even though the agent have no specific authority to commit the act.{For s.9A, applicable to Bombay only, see s.2, ibid.} Section 10 - Power to adjudicate Subject to the conditions specified in this Act, if a debtor commits an act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor, and the Court may on such petition make an order (hereinafter called an order of adjudication) adjudging him an insolvent. Explanation.The presentation of a petition by the debtor shall be deemed an act of insolvency within the meaning of this section, and on such petition the Court may make an order of adjudication. Section 11 - Restrictions on jurisdiction The Court shall not have jurisdiction to make an order of adjudication, unless (a) the debtor is, at the time of the presentation of the insolvency petition, imprisoned in execution of the decree of a Court for the payment of money in any prison to which debtors are ordinarily committed by the Court in.....

Presidency-towns Insolvency Act, 1909 Section 23

Title: Proceedings on Annulment

State: Central

Year: 1909

.....as the Court may appoint, or, in default of any such appointment, shall revert to the debtor to the extent of his right or interest therein on such terms and subject to such conditions (if any) as the Court may declare by order. (2) Where a debtor has been released from custody under the provisions of this Act and the order of adjudication is annulled as aforesaid, the Court may, if it thinks fit, recommit the debtor to his former custody, and the jailor or keeper of the prison to whose custody such debtor is so recommitted shall receive such debtor into his custody according to such recommitment, and thereupon all processes which were in force against the person of such debtor at the time of such release as aforesaid shall be deemed to be still in force against him as if such order had not been made. (3) Notice of the order annulling an adjudication shall be published {The words "in the Gazette of India and" rep.by the A.O.1937} in the Official Gazette and in such other manner as may be prescribed.

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.....

The Insolvency Act, 1955 Complete Act

State: Kerala

Year: 1955

THE INSOLVENCY ACT, 1955 ACT II OF 1956 THE INSOLVENCY ACT, 1955 1 An Act to consolidate and amend the law relating to insolvency. Preamble .-Whereas it is expedient to consolidate and amend the law relating to insolvency; Be it enacted in the Sixth Year of the Republic of India as follows:- 1. Short title extent and commencement .-(1) This Act may be called the 2 [********] insolvency Act, 1955. 3 [ "(2) It extends to the whole of the State of Kerala"] (2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. 4 2. Definitions .-(1) In this Act, unless the context otherwise requires, (a) "Collector" means the Chief Officer in charge of the revenue administration of the district and includes an acting or officiating Collector and also any officer appointed by the Government to exercise the functions of the Collector; (b) "creditor" includes a decree-holder, "debt" includes a judgment-debt, and "debtor" includes a judgment-debtor; (c) "District Court" means the principal Civil Court of original jurisdiction; (d) "prescribed" means prescribed by rules made under this Act; (e) .....

Guardians and Wards Act, 1890 Chapter IV

Title: Supplemental Provisions

State: Central

Year: 1890

.....Collectors, have been appointed or declared by the Court; and (j) generally, for the guidance of the Courts in carrying out the purposes of this Act. (2) Rules under clauses (a) and (i) of sub-section (1) shall not have effect until they have been approved by the2[State Government], nor shall any rule under this section have effect until it has been published in the Official Gazette. ________________________ 1. Inserted by Act 17 of 1929, section 3. 2. Substituted by A.L.O. 1950, for the words "Provincial Government". Section 51 - Applicability of Act to guardians already appointed by Court A guardian appointed by, or holding a certificate of administration from a civil Court under any enactment repealed by this Act shall, save as may be prescribed, be subject to the provisions of this Act, and of the rules, made under it, as if he had been appointed or declared by the Court under Chapter II. Section 52 - Amendment of Indian Majority Act [Repealed] [Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and Schedule]. Section 53 - Amendment of Chapter XXXI of the Code of Civil Procedure [Repealed] [Repealed by the Code of Civil Procedure, 1908 (5 of.....

Guardians and Wards Act, 1890 Section 45

Title: Penalty for Contumacy

State: Central

Year: 1890

.....a direction under section 12, sub-section (1), or to do his utmost to compel the minor to return to the custody of his guardian in obedience to an order under section 25, sub-section (1); or (b) if a guardian appointed or declared by the Court fails to deliver to the Court, within the time allowed by or under clause (b) of section 34, a statement required under that clause, or to exhibit accounts in compliance with a requisition under clause (c) of that section, or to pay into the Court the balance due from him on those accounts in compliance with a requisition under clause (d) of that section; (c) if a person who has ceased to be a guardian, or the representative of such a person, fails to deliver any property or accounts in compliance with the requisition under section 41, sub-section (3), the person, guardian or representative, as the case may be, shall be liable, by order of the Court, to fine not exceeding one hundred rupees, and in case of recusancy to further fine not exceeding ten rupees for each day after the first during which the default continues, and not exceeding five hundred rupees in the aggregate, and to detention in the civil jail until he undertakes to.....

Bombay Habitual Offenders Act, 1959 Complete Act

State: Maharashtra

Year: 1959

.....law shall be deemed to be inoperative while the order under such law remains in force. SECTION 27: REPEAL AND SAVINGS On the commencement of this Act, the following Acts, that is to say," (1) the Bombay Habitual Offenders Restriction Act, 1947, (2) the Hyderabad Habitual Offenders (Restriction and Settlement) Act, 1954, and (3) the Saurashtra Habitual Offenders Restriction Act, 1951 shall stand repealed : Provided that such repeal shall not affect " (a) the previous operation of any Act so repealed, or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed ; (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any Act so repealed ; (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed : Provided further that , subject to the proceeding proviso,.....