Court : Kolkata
Decided on : Dec-22-1949
Reported in : AIR1950Cal487
..... of the general body of creditors.' 18. the extreme contention as urged on behalf of the plaintiff that after an order for discharge under sub-section (2) of section 44, provincial insolvency act, the receiver in insolvency becomes functus officio, must be overruled. it is, however, further contended that in view of the special circumstances of this ..... the time when the petition for adjudication was filed vested in the court for distribution amongst the creditors. 8. 'property' is defined for the purposes of this act under section 2(1)(d) in the following terms : 'property includes any property over which or the profits of which any person has a disposing power which he ..... which were being paid by the tenants from a portion of the said properties. on 13th september 1941 the insolvent made an application for discharge under section 41 of the act. this application was not disposed of till about one year later. in the meantime, on 5th december 1941, the learned judge held that the insolvent .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-16-1949
Reported in : AIR1950Cal263,54CWN389
..... note that in both these cases this court interfered in revision with orders passed by the rent controller under the earlier rent act not under section 116 of the code but under section 107, government of india act (since repealed). section 107 empowered the high court to exercise powers of superintendence over all courts subject to its appellate jurisdiction. as bankin j., ..... passed by a judicial tribunal of civil jurisdiction.4. in order to deal with this matter, it is necessary to refer to certain provisions of the act.5. section 32 (1) of the act impliedly provides for an appeal from an order of the rent controller, and requires it to be presented either to the chief judge or to the ..... to revise an order passed by the rent controller or the chief judge, the district judge or the appointed judge except in the specific cases mentioned in section 32 (6) of the act has been taken away by necessary implication. it is not disputed that the orders now in question do not come within the purview of .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-15-1949
Reported in : AIR1950Cal421,54CWN438
..... the instance of the corporation of calcutta in two oases in which two managers of govt. stores were proceeded against before the municipal magistrate of calcutta under section 421, calcutta municipal act--act iii [3] of 1923.2. it appears that several maunds of whole-barley were seized from these two government stores and the finding of the learned ..... on behalf of the opposite parties has put forward the argument that this court has no jurisdiction to sit in revision over a magistrate's order under section 421, calcutta municipal act. it appears that this point was raised by the advocate-general of bengal in the case of messrs. sir abdulla harun & co. v. corporation of ..... came to the conclusion that neither expressly nor by necessary implication could it be said that the crown was intended to be bound by such a section of the calcutta municipal act which required such a license to be taken out. the judicial committee decision itself lays down the criterion when it may be said that by .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-06-1949
Reported in : AIR1950Cal524,54CWN586
..... 1936 possession being delivered on 1st and 2nd may 1937. 3. in the year 1942, the petitioners who were the mortgagors filed two separate applications under section 37a, bengal agricultural debtors act, in which they alleged that the total debt due from both sets of petitioners was rs. 10,300 and that each set of petitioners owed only rs ..... had no jurisdiction to deal with the matter. there were appeals to the appellate officer which were dismissed, and applications in revision to the district judge under section 40a of the act were also dismissed. 5. mr. chandra sekhar sen on behalf of the petitioners has contended that the amount of the debt which wag the subject-matter ..... of the application under section 37a of the act was rs. 10,000. he has referred to the definition of the word 'debt' in section 2, sub-section (8) (v) which is in these terms : ' 'debt' includes all liabilities incurred prior to the .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-05-1949
Reported in : AIR1950Cal201
..... the learned munsif both on law and on fact. he contends further that no notice was served upon the assessee as is required by the provisions of section 133 of the aforesaid act as extended to howrah.6. i shall first deal with the question whether the municipality is debarred from assessing an area as a bustee until there is ..... the rates claimed and that as there has been no such decision by the municipality of howrah, the claim is not sustainable. for this purpose he relies upon section 4, calcutta municipal act as extended to howrah.4. learned advocate appearing in support of the rule contends that the learned munsif has erred in law in coming to his conclusion upon ..... two grounds. first he says, that upon the evidence before him he is satisfied that the area is not a bustee within the meaning of section 3 (10) read with section 3 (36), calcutta municipal act, as extended to howrah. his second ground is that the municipality of howrah was bound to decide whether the area was a bustee or not .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-30-1949
Reported in : AIR1950Cal191
..... the debt conciliation officer concerned to deal with the application according to law and on the merits. this order was affirmed by the district judge under section 40a, bengal agricultural debtors act. 3. on behalf of the creditor, it is contended that it is not competent for the board to entertain the application for review after an ..... 12th april 1946 up to which the proceedings were continuing before the board, the latter directed the debtor to file a formal application for review under section 44, bengal agricultural debtors act accompanied by the requisite court-fees. an application was accordingly filed on 14th june 1946. the board however held on 8th august 1946 that there ..... 1942. in 1944, an application was filed by the debtor before the collector of 24 parganas for permission under rule 91 (b) read with section 44, bengal agricultural debtors act for review of the award which had been made in january 1942 inasmuch as more than 60 days had expired from the making of the award. .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-23-1949
Reported in : AIR1950Cal166
..... mukherjea j. in the case of mahipati haldar v. atul krishna, 53 c. w. n. 587: (a. i. r. (36) 1949 cal. 212). it was held there that section 18, limitation act may be availed of to extend the period of limitation of an application for setting aside a sale where fraud is proved to have been committed by the decree ..... his right to file the same, lies very heavily on the applicant. the manner in which such fraud is to be proved by the applicant was also indicated.5. section 18, limitation act, provides : 'where any person having a right to institute a suit or make an application has, by means of fraud, been kept from the knowledge of such ..... 7th june 1941 and the auction purchaser thereafter obtained possession through court. about four years later, on 24th july 1945, an application purporting to be under sections 173 and 174 (3), bengal tenancy act was filed by the judgment-debtors. it was alleged that the auction-purchaser was the benamdar of some of the judgment-debtors and this was made .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-23-1949
Reported in : AIR1951Cal210,54CWN651
..... decree of the trial court had been passed already and the amendment was made during the pendency of an appeal, does not affect the applicability of section 28a of the act which is expressly made retrospective. this view is supported by the decision in the case of official receiver of ramnad v. devarayan chettiar, a. ..... not incurred for immoral or illegal purposes vests in the official receiver both under the provincial towns insolvency act and the presidency towns insolvency act: sat narain v. srikishen das, . section 28a as enacted gives the section retrospective operation and applies to all transfers which may have been effected by the receiver on an ..... for his own benefit at the commencement of his insolvency or before his discharge.'the above paragraph of section 28a brings the provincial insolvency act into line with the corresponding provision of the presidency towns insolvency act. the effect of the amendment, therefore, is that on an adjudication in insolvency the power of .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-18-1949
Reported in : AIR1950Cal196
..... a sale of the choukidari chakran lands under the provisions of section 55, village choukidari act.5. the first contention turns on the provisions of section 54, village choukidari act, 1870, and sections 6 and 13, bengal land revenue sales act.6. section 54, village choukidari act, 1870, states that whenever an assessment has been made in respect ..... khirod chandra : air1942cal173 . judged by the above principles it cannot be said that the description of the property sold in the notification under section 6, bengal land revenue sales act, 1859, was such as to vitiate the sale. the first contention raised on behalf of the appellant must therefore fail.8. the second ..... of the plaintiff appellant has contended in the first place that there was misdescription both in the requisition under section 54, village choukidari act 1870 and in the notification under section 6, bengal land revenue sales act, 1859, and the misdescription was such as to justify the plaintiffs' prayer for a reversal of the .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-09-1949
Reported in : AIR1950Cal156
..... 694 : (83 c. l. j. 389) in which it was held by a bench that the use of the word 'admitted' occurring in the proviso to sub-section (5) of section 174, bengal tenancy act, was intentional and the legislature provided for the deposit of the money to be in time if it was so done before the appeal is admitted by a ..... march 1948. on that date the appellant presented the appeal, but he did not deposit in court the amount recoverable in execution as required by the proviso to section 174 (5), bengal tenancy act. the court made the following order -- that the appeal be registered and the appellant was directed to deposit the amount recoverable in execution of the decree within ..... petition for revision of an order of a lower appellate court dismissing an appeal from an order of a learned munsif refusing to set aside a sale under section 174, bengal tenancy act.2. it will be unnecessary to deal with the facts of the case in any detail because the case was disposed of on a point of limitation.3 .....
Tag this Judgment!