Section 2: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Provincial Insolvency Act, 1920: • District Court — the principal Civil Court of original jurisdiction in any area 8[outside the limits of the ordinary original civil jurisdiction of the 9[High Court of Sind] as defined in section 2 of the 10[Insolvency (Karachi Division and Dacca) Act (III of 1909)] • prescribed — prescribed by rules made under this Act • secured creditor — a person holding a mortgage, charge or lien on the property debtor or any part thereof as a security for a debt due to him from the debtor ; and This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

2. Definitions.___(1) In this Act, unless there is anything repugnant in the subject or context,- (a) “creditor” includes a decree-holder, “debt” includes a judgment-debt, and “debtor” includes a judgment-debtor ; (b) “District Court” means the principal Civil Court of original jurisdiction in any area 8[outside the limits of the ordinary original civil jurisdiction of the 9[High Court of Sind] as defined in section 2 of the 10[Insolvency (Karachi Division and Dacca) Act (III of 1909)]; (c) “prescribed” means prescribed by rules made under this Act ; (d) “property” includes any property over which or the profits of which any person as a disposing power, which he may exercise for his own benefit ; 1For statement of Objects and Reasons, see Gazette of India, 1918, Pt. V, p.63 ; for Report of Select Committee, see ibid., 1919, Pt. V, p.119; and ibid., 1920, Pt. V, p.9 ; and for Proceedings in Council, see ibid., 1918, Pt. VI, pp. 761 and 1322, and ibid., 1920, Pt. VI, pp.15 and 389. This Act has been amended in the Punjab by Punjab Act s 7 of 1934 and 3 of 1939 ; in Sind by Sind Act 25 of 1939 ; and in the Taluka of Karachi by Bom. Act 3 of 1935. It has been amended in its application to the Province o f West Pakistan by West Pakistan Ordinance 8 of 1959. It has been extended by notification under section 5 of the Scheduled Districts Act, 1874 (14 of 1874), to __ Sind__see Gazette of India, 1920, Pt.I, p. 2052; Scheduled Districts in the N.W.F.P__see Gazette of India, 1920, Pt. II, p. 910 ; Baluchistan—see Baluchistan local R.& O. It has been extended to the Leased Areas of Baluchistan; see the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950) ; and also applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p. 1499. 2The words “in British India” omitted by A. O., 1949. 3 The words “the Presidency -towns and” omitted, ibid. 4 Subs. by F.A.O., 1975, Art, 2 and Sch., for “towns of Karachi and Dacca ”, which was previously amended by various enactments. 5 The original words “the town of Rangoon” have successively been amended by the Insolvency (Amdt.) Act, 1926 (9 of 1926), s.11, A.O., 1937, and Ord. 21 of 1960, s. 3 and 2nd Sch. (with affect from the 14th October, 1955), to read as above. 6Sub-section (2) has successively been amended by A.O., 1949, Ord. 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), the Repealing and Amending Ordinance, 1961 (1 of 1961) and A.O., 1964, Art. 2 and Sch., to read as above. 7The words “and Dacca” omitted by F.A.O., 1975, Art. 2 and Sch. 8The original words “outside the local limits for the time being of the Presidency-towns and of the Town of Rangoon”, have successively been amended by the Insolvency (Amdt.) Act, 1926 (9 of 1926), s. 11, A. O. 1937 and A. O. 1949, to read as above. 9Subs, by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch.II, for “Bench of the High Court of West Paksitan at Karachi”, which was previously by various enactments. 10Subs. by A.O., 1964, Art 2 and Sch., for “Insolvency (Dacca and the Federal Territory of Karachi) Act” which had been subs. by Ord. 1 of 1961 s. 3 and 2nd Sch., for “Insolvency (Capital of the Federation and Dacca), Act”. (e) “secured creditor” means a person holding a mortgage, charge or lien on the property debtor or any part thereof as a security for a debt due to him from the debtor ; and (f) “transfer of property” includes a transfer of any interest in property and the creation of any charge upon property. (2) Words and expression used in this Act and defined in the Code of Civil Procedure, 1908 (V of 1908), and not hereinbefore defined shall have the same meanings as those respectively attributed to them by the said Code. PART I CONSTITUTION AND POWERS OF COURT

Effective date: 1920-01-01

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