Presidency towns insolvency act, 1909.
pratik
(Querist) 10 September 2010
This query is : Resolved
1) How to know that as per section 138 of the NI act, 1881 we can file a civil case or criminal case ?
2)Is it complusory that if the person is christian or any other on which the special marriage act is applicable can file a RCR as per special marriage act only & not as per Hindu marriage act, 1955 also the same provision is applicable to the hindus.
3) Provisional Insolvency act, 1920 & Presidency towns insolvency act, 1909 which is in force & which one is repealed. Because as per the partnership act, 1932 it says that the non - registration of a firm does not affect the third party rights against the firm or partners, or the powers of an official assigns, receiver of court under the Provisional Insolvency act, 1920 & Presidency towns insolvency act, 1909. Also can anybody tell me what exactly the Provisional Insolvency act, 1920 & Presidency towns insolvency act, 1909 act says & how the recovery is made does CPC, 1908 , evidence act & CRPC, 1973 are applicable when Provisional Insolvency act, 1920 & Presidency towns insolvency act, 1909 are applicable in any case.
Pls tell me the above if possible with the help of a example(S).
Raj Kumar Makkad
(Expert) 11 September 2010
1.. Procedure itself relates to criminal side and not civil side so no other question arises therein.
2. He can file his petition either under is personal law or under Special Marriage /act.
3. No act is repealed and both are in existence. Please go through preamble to those acts.
s.subramanian
(Expert) 15 September 2010
1. The party has the choice to file a civil suit or go in for criminal prosecution.
2.He has to proceed only under the Special Marriage Act.
3.Both are in force.
