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In Re: A.V. Jones and anr.

Type Court Judgment Court Chennai Decided Jan 04, 1940
~1 min read
https://sooperkanoon.com/case/774215

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Citation
Court
Chennai
Decided On
Subject
Civil

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

In Re: A.V. Jones and anr.

Legal References

Reported In
AIR1940Mad572; (1940)1MLJ533

Excerpt

- sidney burn, officiating c.j.1. under section 106(1)(a) of the presidency towns insolvency act it is quite clear that where an insolvent's estate has been ordered to be administered in a summary manner, no appeal lies from any order of the court except by leave of the court. the proviso to section 106(1) is concerned solely with the provisions of the act relating to the discharge of the insolvent and has no bearing on the question of appealability of orders passed. in this case no leave has been obtained. this appeal therefore cannot be entertained and it is rejected.

Full Judgment

Sidney Burn, Officiating C.J.

1. Under Section 106(1)(a) of the Presidency Towns Insolvency Act it is quite clear that where an insolvent's estate has been ordered to be administered in a summary manner, no appeal lies from any order of the Court except by leave of the Court. The proviso to Section 106(1) is concerned solely with the provisions of the Act relating to the discharge of the insolvent and has no bearing on the question of appealability of orders passed. In this case no leave has been obtained. This appeal therefore cannot be entertained and it is rejected.

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