Court : Punjab and Haryana
Reported in : AIR1959P& H199
..... petitioning company, however, is that the registrar has accorded recognition to this company and has entered its name in his register under section 43 of the displaced persons (debts adjustment) act and therefore under section 43(4) the company should be deemed to have been formed and registered under the indian companies act 1913.on the ..... an application had been made to the registrar of companies, bombay, for recognition and registration of the company under section 43 of the displaced persons (debts adjustment) act. 1951. the company was so recognised and registered on 29-4-1953, at bombay.mangha ram on behalf of the company, as registered under ..... claim was originally rejected by the claims officer on the ground that the company was not a displaced person within the claims act of 1950. subsequently the company got recognised and registered under section 43 of the displaced persons (debts adjustment) act and applied for a reconsideration of the matter under the claims act of 1950.the claims .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC1115; [1968]38CompCas636(SC); [1968]3SCR396
..... deposit receipt. the syndicate claimed interest at rate of 6% per annum from the date on which the petition was filed before the tribunal under the displaced persons (debt adjustment) act 70 of 1951. interest from the date of the petition was within the discretion of the high court, and the high court has awarded interest ..... in that behalf was given by the district magistrate relinquishing his lien on the fixed deposit receipt. the syndicate then filed a petition before the debt adjustment tribunal, amritsar, under s. 13 of the displaced persons (debt adjustment) act 70 of 1951, for an order against the bank for payment of rs. 40,000/- as principal and rs. 3,200/- ..... appointed by the government of undivided punjab to administer a scheme for rationing of cloth. the cloth mills through its branch office at lyallpur supplied those persons with cloth from time to time and maintained a running account of the transactions. on partition in 1947, lyallpur was allotted to pakistan and the plaintiffs .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H340; [1961]31CompCas338(P& H)
..... pecuniary liability arises. it is true that the extent of the liability is not at that stage ascertained, but then the definition of 'debt', as contained in the displaced persons (debts adjustment) act expressly includes unascertained pecuniary liability, and it seems to me that the intention behind the use ofthose words was to include, ..... alleged by the bank. the tribunal was not satisfied, however, that the claim made in the case fell within the definition of a 'debt' as contained in the displaced persons (debts adjustment) act and, therefore, concluded that it had no jurisdiction to grant any relief to the appellant. the petition was consequently dismissed and ..... the weight of judicial opinion against me, that i have decided to dissent. 40. the question in this case is whether the expression 'debt', as defined in the displaced persons (debts adjustment) act, 1951, includes a claim to compensation for damage caused by the breach of a contract, and more particularly caused by the failure .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1955Bom138; (1954)56BOMLR828; ILR1954Bom1319
..... brother.13. the question for decision in this appeal is whether, when a displaced debtor applies to the tribunal for the adjustment of his debts, the term 'debt' is governed by the definition of 'debt' as given in clause (a) or clause (b) of sub-section (6) of section 2 of the displaced persons (debts adjustment) act, 1951, and when a judgment-creditor applies for the recovery of his ..... claim, the term 'debt' is governed by the definition of 'debt' as given in clause (c .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1955Bom89; (1954)56BOMLR496
..... summary suit in this court against the defendant on 8-4-1952. on 6-5-1952, the defendant made an application under section 5 of the displaced persons (debts adjustment) act to the tribunal in delhi who is the senior sub-judge there.on 30-9-1953, the plaintiff took out a summons for judgment and ..... of having the following issue determined:'whether this court has jurisdiction to determine whether the defendant is 'a displaced person' and whether the claim in suit is 'a debt' within the meaning of those words in the displaced persons (debts adjustment) act?'the learned judge also expressed an opinion that inasmuch as there were conflicting decisions of single judges ..... to a division bench. thereupon this matter has been referred to this bench.2. the displaced persons (debts adjustment) act (70 of 1951) is an act passed by parliament setting up a special tribunal to deal with debts due to and by displaced persons, and the question that we have to consider is, what is the jurisdiction of this .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom563; (1956)58BOMLR139; ILR1956Bom211
..... nature final decisions so far as the tribunal is concerned and relate to civil disputes between the parties.he further submits that the adjudications under the displaced persons (debts adjustment) act, are not only called decrees, but are enforceable as decrees and are made appealable as decrees and therefore all the normal indicia of a ..... on appeals against an adjudication made under section 9 and adjudication under section 13 of the act.5. mr. jethmalani submitted that appeals under section 40, displaced persons (debts adjustment) act are not governed by the provisions of the court-fees act, and in support of that contention he pointed out the provisions of section 4 ..... evidently, section 4, court-fees act was held not applicable to an appeal from the decision. that case can have no application to the scheme of the displaced persons (debts adjustment) act.the full bench decision in : air1925all380 (c) can also have no application to the present appeals. that was a case in which an appeal .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom669; (1956)58BOMLR754; ILR1956Bom839
chagla, c.j. 1. a short but rather interesting question as to the proper construction of section 10, displaced persons (debt adjustment) act, 1951 arises on this appeal, and the only facts that are necessary to state for the determination of this question are that the appellant filed an application under section ..... matters connected therewith or incidental thereto. therefore, the main and principal object of the act is the adjustment and settlement of debts due by displaced persons and also to enable displaced persons to recover debts due to them.now, it is not all debts fhat form the subject of this legislation. 'debt' has been defined and the definition is that it is any pecuniary liability, whether payable presently or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All68
..... we think we are not called upon to determine such a question, because here there is not an appeal before us under section 40 of the displaced persons (debts adjustment) act from a decision of the tribunal. it is a revision against an order of the munsif who acted illegally and with material irregularity after assuming ..... liabilities which although based upon an existing obligation are not pecuniary in their nature. in that case k filed an application under section 10 of the displaced persons (debts adjustment) act of 1951 before the tribunal constituted under the act, claiming partnership account from m and others who were his partners on the basis of ..... application; (d) .....' 17. from the provisions aforesaid it is clear that upon the presentation of an application to a tribunal under section 5 of the displaced persons (debts adjustment) act of 1951 two consequences follow immediately and automatically. one of these is that no civil court can entertain any new suit or other proceedings for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H111; [1960]30CompCas219(P& H)
..... point it is necessary to notice the further difference that exists in the displaced persons (debts adjustment) act between applications by displaced debtors and applications by displaced creditors against persons who are not displaced persons. so far as the applications by displaced debtros are concerned, s. 15 in terms provides for certain consequences arising, ..... 1953, that must be treated as the later act and held to override the provisions of the earlier displaced persons (debts adjustment) act, 1951. it has been pointed out, however, that s. 13, displaced persons (debts adjustment) act, uses the phrase 'notwithstanding anything inconsistent therewith in any other law for the time being in ..... had exclusive jurisdiction in view of the banking companies (amendment) act, 1953, and whether those provisions could override the provisions of the displaced persons (debts adjustment) act.it was held by the punjab high court, that court, and not the tribunal, had exclusive jurisdiction, in view of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1966]36CompCas105(P& H)
..... left in west pakistan was insured ' against certain risk including riot and civil commotion and loss has actually occurred, then the tribunal appointed under the displaced persons (debts adjustment) act will determine the amount of the loss and pass a decree accordingly, and subsection (3) then says :' the amount realised from the insurance ..... in respect of the insured goods and were consequently not entitled to recover anything from the insurance corporation. this plea rested on a provision in the displaced persons (debts adjustment) act contained in section 17, according to which, the pledged goods being no longer available, the creditor, being the bank, could recover nothing from ..... the ordinary rule that may be applicable in such cases is no longer applicable in view of the express provisions of section 18 of the displaced persons (debts adjustment) act which, according to learned counsel, deliberately places the burden of any loss on the insurer. the argument is that section 18 applies .....
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