Vidhi Codex

section 6

Particulars to be stated in application.

The Jammu and Kashmir Debtors Relief Act, 1976
Finance197637 sections
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Statutory text
  1. (1) Every application presented by a debtor shall contain the following particulars and shall be in such form as may be prescribed :––
    • (a) the place where the applicant resides or holds land ;
    • (b) the particulars of all debts owed by applicant with date or dates when and causes for which, these were incurred, and the names and particulars of the creditor’s ;
    • (c) the particulars of all property held by the applicant, together with a specification of the value thereof, the place or the places at which such property is to be found, and details of any attachment, mortgage, lien or charge subsisting thereon, including the names and particulars of the co-sharers, if any ;
    • (d) a statement that the applicant is unable to pay his debts ;
    • (e) a statement whether the applicant has previously filed an application in respect of the same debt before the same or another Board, and if so, with what result ;
    • (f) details of any debts for which the debtor is liable as a surety or is liable with other persons as a joint debtor or joint surety, together with the names and particulars of all such persons ; and
    • (g) the history of each debt with particulars of the original principal and the rate of interest chargeable and paid thereon.
  2. (2) Every application presented by a creditor shall contain the following particulars and shall be in such form as may be prescribed––
    • (a) the place where the debtor resides or holds land ;
    • (b) the amount and particulars of the creditors claim against his debtor ;
    • (c) the history of each such debt and the particulars of the amount originally advanced and the rate of interest chargeable and recovered ;
    • (d) the names and particulars of the other creditors as far as these are known to the applicant ;
    • (e) particulars, so far as these are known to such creditor, of the debtor’s property ;
    • (f) a statement whether such creditors has previously filed an application in respect of the same debt before the same or another Board, and if so, with result ; and
    • (g) a statement whether the liability has been incurred by the debtor himself or has devolved upon him by succession or otherwise.

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