Court : Chennai
Reported in : AIR1966Mad247
..... 45-a and s. 45-b of the banking companies act, it is clear that a proceeding to execute the decree obtained by a displaced creditor from the tribunal under the displaced persons (debt adjustment) act against a bank and all other incidental matters arising therefrom such as attachment are matters within the exclusive jurisdiction of the court that ..... cases there is nothing to prevent official liquidators instituting a regular suit against the legal representatives or heirs of a deceased director. the mere fact that the person against whom proceedings have been lawfully taken under s. 235 of the companies act of 1913 dies during the proceedings, would not take away the right ..... . 235 of the companies act, 1913, brought by the official liquidator against a director during his life-time cannot be continued after his death against his personal representative or heirs by bringing their names on record and that s. 306 of the succession act also did not entitle the official liquidator to continue the .....
Tag this Judgment!Court : Chennai
Reported in : (1990)2MLJ294
..... the supreme court, in dealing with the term 'place of residence' appearing in debt laws displaced persons (debts adjustment) act, 1951, has observed thus:it connotes a place where a person has his dwelling house, which need not necessarily be permanent or exclusive. a person may have more places of residences than one at a given time. a place ..... occupied by a person with intention of setting up of a fixed though not ..... of residence. sojourn for a purely temporary purpose will not constitute residence, and the place of residence within the meaning of the act; but where a person possesses establishments at more places than one and spends time more or less considerable in all those places, as exigencies of his occupation, vacation or fancy .....
Tag this Judgment!Court : Chennai
Reported in : AIR1991Mad284
..... act, would have been by a civil court and then it would have been a 'decree'.'in that case the meaning of the expression 'decree' used in displaced persons (debt adjustment) act came in for consideration and it was held the word 'decree' used in thecourt-fees act must be taken to mean as having the same meaning as ..... . thereafter the petition for probate or letters of administration will he numbered and registered as a suit in which the petitioner shall be the plaintiff and the person applying for citation shall be the defendant. the petition and the affidavit shall be taken as the plaint and the written statement respectively. 14. these rules ..... , in relation to the granting of probate of last will and testament and letters of administrtion of the goods, chattels credits and all other effects whatsoever of person dying intestate, whether within or without the presidency of madras: provided always, that nothing in these letters patent contained shall interfere with the provisions of any law .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad419; (1952)IMLJ308
..... a refund of a part of the consideration. here a title which has already passed under the sale-deed duly executed and registered is sought to be displaced in part by third person who were not parties to the contract of sale. this is not a case where a contract of sale is sought to be enforced by the ..... alienor's share. if really there is any difficulty, it was up to the person challenging the alienation to institute a suit for general partition which is wider in its scope and in which all the rights of the parties could be adjusted and provision for debts could be made as pointed out by the privy council in 'sat narain v. ..... for a partition of the joint family estate by the son against the father. according to the mitakshara "ekadesavyavasthapana" or the establishment of the sole right of one person in displacement of the right of all in the "dravya samudaya" or aggregate wealth constitutes partition. but the partition contemplated by vignaneswara is obviously a division by metes and bounds .....
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ217
..... 'decree-holders' if there are two or more of them. similarly in order 21, rule 2, clause (1) which speaks of a payment out of court or adjustment to the satisfaction of the decree-holder, the expression ' decree-holder ' means, 'decree-holders' if there are two or more of them. it may readily be ..... .... but' payment to one or some of several joint decree-holders cannot operate as a discharge of the decree-debt, nor be recorded as certified under section 258, civil procedure code, unless, of course, such person or persons were duly authorised by the others to accept such payment in entire or partial satisfaction of the decree. referring to ..... maintainability of suits filed on such a benami title. are there any similar provisions in the civil procedure code qualifying or displacing the substantive law of agency and partnership with reference to the realisation and discharge of decree-debts there is no such positive or express mandate as is found in order 32, rules & and 7, civil procedure code .....
Tag this Judgment!Court : Chennai
Reported in : (1912)23MLJ290
..... but we need only remark that we are unable to take the view that the reasoning of the learned judge has displaced their authority. whether a mere agreement to refer to arbitration will itself been adjustment under section 375 so that a decree might be passed under section referring the suit to arbitration as per the agreement ..... intended by their classification (2) which included some references under section 523 to lay down that all references, coining under section 523 could be made only by persons who were not then parties to a pending litigation probably, the phrase without having recourse to litigation' was intended to cover all cases where parties agree to ..... inquiries of and obtained statements, from the parties and checked account state merits, discussed with the parties as to income and expenditure, of the estates and the debts and expenses of nanja row's side (family) another proper amount to be allowed for nanja row's maintenance, took into consideration the previous history of the .....
Tag this Judgment!Court : Chennai
Reported in : 16Ind.Cas.478
..... but we need only remark that we are unable to take the view that the reasoning of the learned judge has displaced their authority. whether a mere agreement to refer to arbitration will itself be an adjustment under section 375 so that a decree might be passed under the section, referring the suit to arbitration a per the ..... by their classification (2), which included some, references under section 523, to lay down that all references coming under section 523, could be made only by persons who were not then parties to a pending litigation probably, the phrase 'without having recourse to litigation' was intended to cover all cases where parties agree to ..... made inquiries of, and obtained statements from, the parties and checked account statements, discussed with the parties as to income and expenditure of the estates and the debts and expenses of nanja rao's side (family) another proper amount to be allowed for nanja rao's maintenance, took into consideration the previous history of the .....
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