Bare Act Search Results

Bengal Land Revenue Sales Act, 1868 Complete Act

State: West Bengal

Year: 1868

.....settlement, as tenures bearing a rent which is fixed for the period of such settlement ; Fourthly. Tenures of lands whereon dwelling-houses, manufactories or other permanent buildings have been erected, or whereon permanent gardens, plantations, tanks, canals, places of worship or burning or burying grounds have been made. Section 13 Power of enhancement Every purchaser of a tenure under section 11 of this Act shall be entitled to proceed in the manner prescribed by any law for the time being in force for the enhancement of the rent of any land coming within the fourth class of exceptions above made, if he can prove the same to have been held at what was originally an unfair rent, unless the same shall have been held for a term exceeding twelve years at a fixed rent equal to the rent of good arable land. Section 14 Saving of rights of raiyat Provided always that nothing hereinbefore contained shall be construed to entitle any such purchaser, under section 11 of this Act, to eject any raiyat having a right of occupancy at a fixed rent, or at a rent assessable according to fixed rules under the laws in force, or to enhance the rent of any such raiyat otherwise than in the.....

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.....

The Orissa Court of Wards Act, 1947 Complete Act

State: Orissa

Year: 1947

.....cease to carry interest from the expiration of the period prescribed by Section 41, and shall not be paid until after the discharge or satisfaction of the claims notified or admitted under Section 42. Section 46 - Inadmissibility in evidence of documents not produced No document in the possession or under the control of the claimant which should have been but has not been produced in accordance with the requirements of Section 42, shall be admissible in evidence against the ward or his representative in any suit brought by or against claimant, or any person claiming under him unless it be proved to the satisfaction of the Civil Court that it was not within his power to produce such document before the Collector. Section 47 - When mortgagee in possession may be dispossessed (1) When any property of a ward is in the possession of a mortgagee, or any person claiming under a mortgagee, the State Government may, on being satisfied that it is expedient in the public interest that the estate should be preserved and that such encumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect and direct the Court to take possession thereof; the.....

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 46

Title: Debts Provable in Insolvency

State: Central

Year: 1909

..... (2) A person having notice of the presentation of any insolvency petition by or against the debtor shall not prove for any debt or liability contracted by the debtor subsequently to the date of his so having notice. (3) Save as provided by sub-sections (1) and (2), all debts and liabilities, present or future, certain or contingent, to which the debtor is subject when he is adjudged an insolvent or to which he may become subject before his discharge by reason of any obligation incurred before the date of such adjudication, shall be deemed to be debts provable in insolvency. (4) An estimate shall be made by the official assignee of the value of any debt or liability provable as aforesaid which by reason of its being subject to any contingency or contingencies, or for any other reason, does not bear a certain value: Provided that if in his opinion the value of the debt or liability is incapable of being fairly estimated, he shall issue a certificate to that effect, and thereupon the debt or liability shall be deemed to be a debt not provable in insolvency. Explanation.For the purposes of this section "liability" includes any compensation for work or labour done, any.....

The Kerala Court of Wards Act, 1967 [1] Complete Act

State: Kerala

Year: 1967

.....cease to carry interest from the expiration of the period prescribed by section 36, and shall not be paid until after the discharge or satisfaction of the claims notified or admitted under section 37. 41. Inadmissibility in evidence of documents not produced .-No document in the possession or under the control of the claimant which should have been but has not been produced in accordance with the requirements of section 37, shall be admissible in evidence against the ward or his representative in any suit brought by or against the claimant, or any person claiming under him, unless it be proved to the satisfaction of the civil court that it was not within his power to produce such document before the Collector. 42. When mortgagee in possession may be dispossessed .-(1) When any property of a ward is in the possession of a mortgagee, or any person claiming under a mortgagee, the Government may, on being satisfied that it is expedient in the public interest that the estate should be preserved and such incumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect, and direct the court to take possession thereof; the court shall.....

Provincial Insolvency Act, 1920 Part II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1920

.....the amount due under the decree or order and require the debtor to pay the same or to furnish security for the payment of such amount to the satisfaction of the creditor or his agent; (d) specify for its compliance a period of not less than one month after its service on the debtor or, if it is to be served on a debtor residing whether permanently or temporarily, outside India, such period (being not less than one month) as may be specified by the order of the District Court granting leave for the service of such notice; (e) state the consequences of non-compliance with the notice. (4) No insolvency notice shall be deemed to be invalid by reason only that the sum specified therein as the amount due under the decree or order exceeds the amount actually due, unless the debtor, within the period specified in the insolvency notice for its compliance, gives notice to the creditor that the sum specified in the insolvency notices does not correctly represent the amount due under the decree or order : Provided that if the debtor does not give any such notice as aforesaid, he shall be deemed to have complied with the insolvency notice if, within the period specified therein for.....

Provincial Insolvency Act, 1920 Section 34

Title: Debts Provable Under the Act

State: Central

Year: 1920

(1) Debts which have been excluded from the schedule on the ground that their value is incapable of being fairly estimated and demands in the nature of unliquidated damages arising otherwise than by reason of a contract or a breach of trust shall not be provable under this Act. (2) Save as provided by sub-section (1), all debts and liabilities, present or future, certain or contingent, to which the debtor is subject when he is adjudged an insolvent, or to which he may become subject before his discharge by reason of any obligation incurred before the date of such adjudication, shall be deemed to be debts provable under this Act.

Presidency-towns Insolvency Act, 1909 Schedule I

Title: Meetings of Creditors

State: Central

Year: 1909

.....Every instrument of proxy shall be in the prescribed form and shall be issued by the official assignee. 18.General proxy.- A creditor may give a general proxy to his attorney or to his manager or clerk, or any other person in his regular employment.In such case the instrument of proxy shall state the relation in which the person to act thereunder stands to the creditor. 19.Proxy to be deposited one day before date of meeting.- A proxy shall not be used unless it is deposited with the official assignee one clear day before the time appointed for the meeting at which it is to be used. 20.Official assignee as proxy.- A creditor may appoint the official assignee to act as his proxy. 21.Adjournment of meeting.- The official assignee may adjourn the meeting from time to time and from place to place, and no notice of the adjournment shall be necessary. 22.Minute of proceedings.- The official assignee shall draw up a minute of the proceeding at the meeting and shall sign the same.

The Delhi Cooperative Societies Act, 2003 Complete Act

State: Delhi

Year: 2003

.....to receive, on the issue of the order of amalgamation, division or reorganisation, his share or interest, if he be a member and the amount in satisfaction of his dues, if he be a creditor. (5) On the issue of an order under sub-section (1), the provisions of sub-sections (2), (3) and (4) of section 20 shall apply to the co-operative societies so amalgamated, divided or reorganised as if the amalgamation, division or reorganisation had been made under section 16. Registrar to prepare scheme of amalgamation of co-operative bank in certain cases. 18. (1) When an order of moratorium has been made by the Central Government under sub-section (2) of section 45 of the Banking Regulations Act, 1949 (10 of 1949) in respect of a co-operative bank, the Registrar, with the previous approval of the Reserve Bank in writing, may, during the period of moratorium, prepare a scheme - (a) for the reorganisation of the co-operative bank; or (b) for the amalgamation of the co-operative bank with any other co-operative bank. Liability of a co-operative bank to the Deposit Insurance Corporation. 19. Notwithstanding anything contained in sections 16 and 17 or any other provision of this.....