Bare Act
The Travancore-Cochin Insolvency Act, 1956
Corporate195585 sections
This Act establishes the legal procedures for dealing with individuals who cannot pay their debts. It applies to debtors in the Travancore-Cochin region who engage in specific acts of insolvency, such as transferring property to avoid creditors or fleeing the state. The law empowers District Courts to manage these cases, giving them the authority to resolve disputes over property and decide how assets should be distributed fairly among creditors. By setting out clear rules for court procedures and defining what constitutes insolvency, the Act ensures that both debtors and creditors are treated fairly while preventing fraudulent behavior.
- 1. Short title, extent and commencement
- 2. Definitions
- 3. Insolvency jurisdiction
- 4. Power of Court to decide all questions arising in insolvency
- 5. General powers of Courts
- 6. Acts of insolvency
- 7. Petition and adjudication
- 8. Exemption of corporation etc., from insolvency proceedings
- 9. Conditions on which creditor may petition
- 10. Conditions on which debtor may petition
- 11. Court to which petition shall be presented
- 12. Verification of petition
- 13. Contents of petition
- 14. Withdrawal of petitions
- 15. Consolidation of petitions
- 16. Power to charge carriage of proceedings
- 17. Continuance of proceedings on death of debtor
- 18. Procedure for admission of petition
- 19. Procedure on admission of petition
- 20. Appointment of interim receiver
- 21. Interim proceedings against debtor
- 22. Duties of debtors
- 23. Release of debtors
- 24. Procedure at hearing
- 25. Dismissal of petitions
- 26. Award of compensation
- 27. Order of adjudication
- 28. Effect of an order of adjudication
- 29. Insolvency's property to comprise certain capacity.
- 30. Stay of pending proceedings.
- 31. Publication of order of adjudication.
- 32. Protection order.
- 33. Power to arrest after adjudication.
- 34. Schedule of creditors.
- 35. Debts provable under the Act.
- 36. Power to annul adjudication of insolvency.
- 37. Power to cancel one of concurrent orders of adjudication.
- 38. Proceedings on annulment.
- 39. Compositions and schemes of arrangement.
- 40. Order on approval.
- 41. Power to re-adjudge debtor insolvent.
- 42. Discharge.
- 43. Cases in which Court must refuse an absolute discharge.
- 44. Adjudication to be annulled on failure to apply for discharge.
- 45. Effect of order of discharge.
- 46. Debt payable at a future time.
- 47. Mutual dealings and set off.
- 48. Secured creditors.
- 49. Interest.
- 50. Mode of proof.
- 51. Disallowance and reduction of entries in schedule.
- 52. Restriction of rights of creditor under execution.
- 53. Duties of Court executing decree as to property taken in execution.
- 54. Avoidance of voluntary transfer.
- 55. Avoidance of preference in certain cases.
- 56. By whom petitions for annulment may be made.
- 57. Protection of bona fide transactions.
- 58. Appointment of receiver.
- 59. Power to appoint Official Receivers.
- 60. Power of Court if no receiver appointed.
- 61. Duties and powers of receiver.
- 62. Power to require information regarding insolvent's property.
- 63. Special provisions in regard to immovable property.
- 64. Priority of debts.
- 65. Calculation of dividends.
- 66. Right of creditor who has not proved debt before declaration of a dividend.
- 67. Final dividend.
- 68. No suit for dividend.
- 69. Management by and allowance to insolvent.
- 70. Right of insolvent to surplus.
- 71. Committee of inspection.
- 72. Appeal to Court against receiver.
- 73. Offences by debtors.
- 74. Procedure on charge under Section 73.
- 75. Criminal liability after discharge or composition.
- 76. Undischarged insolvent obtaining credit.
- 77. Disqualifications of insolvent.
- 78. Summary administration.
- 79. Appeals.
- 80. Costs.
- 81. Courts to be auxiliary to each other.
- 82. Limitation.
- 83. Power to make rules.
- 84. Delegation of powers to Official Receivers.
- 85. Power of Government to bar application of certain provisions to certain Courts.
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