Bare Act Search Results

Presidency-towns Insolvency Act, 1909 Part VI

Title: Procedure

State: Central

Year: 1909

.....nothing in this sub-section shall in any way limit the jurisdiction conferred on the Court under this Act. (2) Subject to the provisions of this Act and rules, the costs of and incidental to any proceeding in the Court shall be in the discretion of the Court. (3) The Court may at any time adjourn any proceedings before it upon such terms, if any, as it thinks fit to impose. (4) The Court may at any time amend any written process or proceeding under this Act upon such terms, if any, as it thinks fit to impose. (5) Where by this Act or by rules the time for doing any act or thing is limited, the Court may extend the time either before or after the expiration thereof, upon such terms, if any, as the Court thinks fit to impose. (6) Subject to rules, the Court may in any matter take the whole or any part of the evidence either viva voce or by interrogatories, or upon affidavit, or by commission. (7) For the purpose of approving a composition or scheme by joint debtors the Court may, if it thinks fit, and on the report of the official assignee that it is expedient so to do, dispense with the public examination of one of the joint debtors if he is unavoidably prevented.....

Indian Councils Act, 1909 Section 6

Title: Laying of Proclamations, Etc., Before Parliament

State: Central

Year: 1909

All proclamations, regulations, and rules made under this Act, other than rules made by a Lieutenant-Governor for the more convenient transaction of business in his council, shall be laid before both Houses of Parliament as soon as maybe after they are made.

Presidency-towns Insolvency Act, 1909 Section 6

Title: Delegation of Powers to Officers to Officers of Court

State: Central

Year: 1909

(1) The Chief Justice {The words "or Judicial Commissioner"} may, from time to time, direct that, in any matters in respect of which jurisdiction is given to the Court by this Act, an officer of the Court appointed by him in this behalf shall have all or any of the powers in this section mentioned; and any order made or act done by such officer in the exercise of the said powers shall be deemed the order or act of the Court. (2) The powers referred to in sub-section (1) are the following, namely: (a) to hear insolvency petitions presented by debtors, and to make orders of adjudication thereon; (b) to hold the public examination of insolvents; (c) to make any order or exercise any jurisdiction which is prescribed as proper to be made or exercised in chambers; (d) to hear and determine any unopposed or ex-parte application; (e) to examine any person summoned by the Court under section 36. (3) An officer appointed under this section shall not have power to commit for contempt of Court.

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 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 Part I

Title: Constitution and Power of Court

State: Central

Year: 1909

.....provisions of this Act, the Court shall have full power to decide all questions of priorities, and all other questions whatsoever, whether of law or fact, which may arise in any case of insolvency coming within the cognizance of the Court, or which the Court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case: {Ins.by Act 19 of 1927, s.2} [Provided that, unless all the parties otherwise agree, the power hereby given shall, for the purpose of deciding any matter arising under section 36, be exercised only in the manner and to the extent provided in that section.] Section 8 - Appeals Appeals in insolvency (1) The Court may review, rescind or vary any order made by it under its insolvency jurisdiction. (2) Orders in insolvency matters shall, at the instance of any person aggrieved, be subject to appeal as follows, namely: (a) an appeal from an order made by an officer of the Court empowered under section 6 shall lie to the Judge assigned under section 4 for the transaction and disposal of matters in insolvency and no further appeal shall lie except by leave of such Judge; .....

Presidency-towns Insolvency Act, 1909 Part III

Title: Administration of Property

State: Central

Year: 1909

.....of the act of insolvency on which an order of adjudication is made against him, or (b) if the insolvent is proved to have committed more acts of insolvency than one, the time of the first of the acts of insolvency proved to have been committed by the insolvent within three months next preceding the date of the presentation of the insolvency petition: Provided that no insolvency petition or order of adjudication shall be rendered invalid by reason of any act of insolvency committed anterior to the debt of the petitioning creditor. Section 52 - Description of insolvents property divisible amongst creditors (1) The property of the insolvent divisible amongst his creditors, and in this Act referred to as the property of the insolvent, shall not comprise the following particulars, namely: (a) property held by the insolvent on trust for any other a person; (b) the tools (if any) of his trade and the necessary wearing apparel, bedding, cooking vessel, and furniture of himself, his wife and children, to a value, inclusive of tools and apparel and other necessaries as aforesaid, not exceeding three hundred rupees in the whole. (2) Subject as aforesaid, the property.....

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.....

Presidency-towns Insolvency Act, 1909 Section 8

Title: Appeals Appeals in Insolvency

State: Central

Year: 1909

(1) The Court may review, rescind or vary any order made by it under its insolvency jurisdiction. (2) Orders in insolvency matters shall, at the instance of any person aggrieved, be subject to appeal as follows, namely: (a) an appeal from an order made by an officer of the Court empowered under section 6 shall lie to the Judge assigned under section 4 for the transaction and disposal of matters in insolvency and no further appeal shall lie except by leave of such Judge; (b) save as otherwise provided in clause (a), an appeal from an order made by a Judge in the exercise of the jurisdiction conferred by this Act shall lie in the same way and be subject to the same provisions as an appeal from an order made by a Judge in the exercise of the ordinary original civil jurisdiction of the Court.

Presidency-towns Insolvency Act, 1909 Section 13

Title: Proceedings and Order on Creditors Petition

State: Central

Year: 1909

.....the petition and order service thereof on the debtor. (4) The Court shall dismiss the petition (a) if it is not satisfied with the proof of the facts referred to in sub-section (2); or (b) if the debtor appears and satisfies the Court that he is able to pay his debts, or that he has not committed an act of insolvency or that for other sufficient cause no order ought to be made. (5) The Court may make an order of adjudication if it is satisfied with the proof above referred to, or if on a hearing adjourned under sub-section (3) the debtor does not appear and service of the petition on him is proved, unless in its opinion the petition ought to have been presented before some other Court having insolvency jurisdiction. (6) Where the debtor appears on the petition and denies that he is indebted to the petitioner, or that he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the Court, on such security (if any) being given as the Court may require for payment to the petitioner of any debt which may be established against the debtor in due course of law, and of the costs of establishing the debt, may, instead of dismissing the.....