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Section 2: Definitions

The Insolvency Act, 1955State Act of Kerala · Act 2 of 1956

(1) In this Act, unless the context otherwise requires,

(a) “Collector” means the Chief Officer in charge of the revenue administration of the district and includes an acting or officiating Collector and also any officer appointed by the Government to exercise the functions of the Collector;

(b) “creditor” includes a decree-holder, “debt” includes a judgment-debt, and “debtor” includes a judgment-debtor;

(c) “District Court” means the principal Civil Court of original jurisdiction;

(d) “prescribed” means prescribed by rules made under this Act;

(e) “property” includes any property over which or the profits of which any person has a disposing power which he may exercise for his own benefit;

(f) “secured creditor” means a person holding a mortgage, charge or lien on the property of the debtor or any part thereof as a security for a debt due to him from the debtor;

(g) 4[“State” means the State of Kerala;]

* Received the assent of the President and published in the Gazette No. 8 dated 21st February, 1956.

1.Omitted by Act 18 of 1957 (w.e.f. 01.01.1958).

2.Substituted by Act 18 of 1957 (w.e.f. 01.01.1958).

3. 01.01.1958 vide Notification No. H(c) 4-28229/57/HD. dated 19-12-1957 published in the Kerala Gazette No. 52 dated 24.12.1957.

4. Substituted by Act 18 of 1957 (w.e.f. 01.01.1958).

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(h) “transfer of property” includes a transfer of any interest in property and the creation of any charge upon property.

(2) Words and expressions used in this Act and defined in the Code of Civil Procedure, 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

Where this provision sits

ActThe Insolvency Act, 1955
Section2
Marginal noteDefinitions
JurisdictionState of Kerala
StatusIn force as published by the source

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