Judgment Search Results Home > Cases Phrase: presidency towns insolvency act 1909 part iv official assignees Page 6 of about 493 results (0.161 seconds)

Harshamal Shivbux Vs. Ramkishan Das Sagarmal and ors.

Court : Rajasthan

Reported in : AIR1984Raj34; 1983()WLN26

..... that the application may be treated to be the application under section 17 of the presidency-towns insolvency act (iii of 1909) (hereinafter referred to as 'the p. t. i. ..... provisions, namely, section 17 and s; 28 of the two acts, provide for vesting of the property of the insolvent in the official assignee under the p.t.i. ..... pur-pose and object behind it, is that when the properties of the insolvent vest in the official assignee and when debt is provable under section 46 of the p. t. ..... considered above, the property of the insolvent vests in the official assignee or in the court or in the receiver, as the case may be, under the two laws and further both the laws make a provision for imposing disability on a creditor to sue the insolvent except with the leave of the insolvency court. ..... on the making of an order of adjudication, under the first part, the property of the insolvent wherever situate shall vest in the official assignee and under the second part, it is provided, that no creditor shall commence any suit or other legal proceedings after the order of adjudication except with the leave of the court and on such terms as the court ..... opinion, was wrong, in holding that theproperty even of the ex-partners, whose names did not find mention in the order of adjudication, vests in the court or in the receiver and so far as the present case is concerned, in the official assignee and he was also wrong that the order of adjudication will even operate against the ex-partners or their heirs.12. .....

Rustomjee Dorabjee Vs. K.D. Brothers and anr.

Court : Kolkata

Reported in : AIR1927Cal163

..... it is well settled, as regards the practice under the english acts, which are for this purpose repeated in the presidency towns insolvency act of 1909, that there, is no rule that a person to be entitled to appeal must have been a respondent, below. ..... in my opinion, it was the duty of the official assignee to take stops in the first place to ascertain whether the property of the insolvents had vested in 1dm or in the official assignee of the bombay court. ..... that section provides:on the making of an order of adjudication, the property of the insolvent wherever situate shall vest in the official assignee and khali become divisible among his creditors.7. ..... this court at the time when the official assignee presented his report upon the insolvent's application for discharge had apparently done a certain amount of administration. ..... there is passage at the bottom of page 5 of the paper-book in the official assignee's report which runs as follows:the insolvent judge mohan das, who stays at bombay, was examined before the ragistrar in insolvency under section 36. ..... with regard to the merits of that order i would add that it appears to have been an oversight, if not on the part of the officers of the court at least on the part of the official assignee, that this, application was allowed to be presented at all at the time at which it was presented. .....

In Re: T.A. Balakrishna Odayar (Deceased)

Court : Chennai

Reported in : AIR1942Mad586; (1943)1MLJ214

..... section 68 of the presidency towns insolvency act enacts as follows:(1) subject to the provisions of this act, the official assignee shall, with all convenient speed, realise the property of the insolvent, and for that purpose may:(a) sell all or any part of the property of the insolvent;(b) give receipts for any money received by him; and may, by leave of the court, do all or any of the following things, namely:(c) carry on the business of the insolvent so far as may be necessary for the beneficial winding up of the same;(d) institute ..... to above and observed:the official assignee is a person in whom there is vested by law all the property of the bankrupt; it is his property, of course not that he may deal with it for himself, but that he may deal with it as a trustee for the benefit of the creditors, but in law it is his property; and it seems to me to be settled now by the authorities, that those provisions which have come into our insolvency act from the english act, and which require the ..... after holding that the official assignee was in fact carrying on the business of the insolvent in respect of these contracts, the learned judge doubted whether the official assignee had the power to do so without the sanction of the court. ..... the official assignee who entered into this settlement did so without applying for and obtaining leave of the court under section 68 of the presidency towns insolvency act (iii of 1909). .....

M/S Umesh Goel Vs. Himachal Pradesh Cooperative Group Housing Society ...

Court : Supreme Court of India

..... similarly, any steps initiated at the instance of an official assignee, a receiver or court under the presidency-towns insolvency act of 1909 (3 of 1909) or the provincial insolvency act of 1920 (5 of 1920) to realize the property of an insolvent partner in a pending suit of a court also stand excluded from the ban ..... the definition of court under section 2(c) read along with sections 8 and 21 of the 1940 act, therefore, indicates that the proceedings initiated under the said sections are virtually in the nature of a suit in a civil court having jurisdiction, though such proceedings are relating to initiation as well as superintendence of arbitration proceedings such as appointment of an arbitrator or umpire or inaction or neglect on the part of arbitrator or umpire or the incapacity of the arbitrator or umpire, death of an arbitrator or ..... the said case, being one concerning an application before court under section 8(2) of the arbitration act, 1940 in the light of the arbitration agreement, this court finally held that since the arbitration clause formed part of the agreement constituting the partnership the proceeding under section 8(2) was in fact to enforce a right which arose from a ..... a specific reference to sub-clause (b) of sub-section (4) disclose that in the last part of the said sub-clause it is specifically provided that other proceedings incidental to or arising from any suit or claim of set off not exceeding rs.100 in value under those specific statute referred to .....

Tapadiya Construction Ltd., A Public Limited Company Vs. Sanjay Suganc ...

Court : Mumbai Aurangabad

..... affect, - (a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power to realize the property of a dissolved firm, or (b) the powers of an official assignee, receiver or court under the presidency-towns insolvency act, 1909 (3 of 1909) or the provincial insolvency act, 1920 (5 of 1920) to realise the property of an insolvent partner. ? ..... apex court and delhi high court, the following deductions for the purpose of use of section 9 of the act are possible: (i) order under section 9 of the act can be made against a person who is not party to arbitration agreement provided that prima facie case is made out that subject matter or part of subject matter of arbitration is with the third party and the third party has no independent right in respect ..... jagdish chandra failed to carry out his part of the agreement, application under section 8 (2) of indian arbitration act, 1940 was made after following the necessary ..... the operative part of order made by learned principal district judge, parbhani, as interim measure under section 9 of the act is as under: 01) respondent nos.1 and 2 are hereby restrained from transferring, alienating and creating third party interest over the property purchased at hingoli in the name ..... it is already observed that the second part of aforesaid operative order indirectly affects the rights of one credit cooperative society to recover its dues from the firm and the two partners of kasliwal empire on .....

M/S. Krishna Motor Service by Its Partners Vs. H.B. Vittala Kamath

Court : Supreme Court of India

Reported in : AIR1996SC2209; AIR1996SC2209a; JT1996(5)SC162; 1996(4)SCALE412; (1996)10SCC88; [1996]Supp1SCR594

..... the enforcement of any right to sue for the dissolution of a firm or for accounts or a dissolved firm, or any right or power to realise the property of a dissolved firm; or(b) the powers of an official assignee, receiver or court under the presidency-towns insolvency act, 1909 (3 of 1909), or the provincial insolvency act, 1920 (5 of 1920), to realise the property of an insolvent partner. ..... the object intended by the legislature appears to be that in spite of the defect of non-registration and the prohibition created in the main part of non-enforceability of the right arising from a contract, the parties having worked under that contract, to the limited extent of the enforcement of a right to realise the assets, settlement ..... other proceedings to enforce a right arising from a contract' clearly envisage that when a party to the contract seeks to enforce the right arising from the contract, the main part of sub-section (3) stands attracted, the exceptions provided in the exclusionary clauses have no application. ..... it is seen that the proviso given an exception stating that the main part of sub-section (3) shall not affect (a) the enforcement of any right arising from dissolution of a firm or for accounts of a dissolved firm, or any right or power to realise the property of a dissolved ..... in jagdish chandra's case at page 60 this court interpreting main part of sub-section (3) had held that 'in our judgment, the words 'other proceeding' in sub-section (3) must receive their full meaning .....

New Bansal Glass Works vs.gail Gas Ltd. & Ors.

Court : Delhi

..... similarly, any steps initiated at the instance of an official assignee, a receiver or court under the presidency-towns insolvency act of 1909 (3 of 1909) or the provincial insolvency act of 1920 (5 of 1920) to realize the property of an insolvent partner in a pending suit of a court also stand excluded from ..... though the appellant and the respondent referred to certain other decisions in support of their respective submissions, as we are fortified by our conclusion, based on the interpretation of section 69 of the partnership act vis-a- vis the 1996 act and the 1940 act as well as supported by the decision in jagdish chander (air1964sc1882 (supra) and kamal pushp enterprises (air2000sc2676 (supra), we do not find any necessity to refer to those decisions in detail. ..... a specific reference to sub-clause (b) of sub-section (4) disclose that in the last part of the said sub-clause it is specifically provided that other proceedings incidental to or arising from any suit or claim of set off not exceeding rs.100 in value under those specific statute ..... 18)-19)20) based on the close analysis of section 69 in its different parts, we are able to discern and hold that in order to attract the said section, first and foremost the pending proceeding must be a suit instituted in a court and in that suit a ..... the said part of sub-clause (b) of sub-section (4) thus gives a vivid picture as to the position that the other proceeding specified in the said sub-section can only relate to a pending suit in .....

Re: Khushalchand B. Daga

Court : Mumbai

Reported in : (1965)67BOMLR896

..... question in issue depends upon the relevant provisions of the presidency-towns insolvency act, 1909. ..... on an appeal against the decision of the officer exercising delegated powers of the court is subject to appeal only if he grants leave, while in the case of a judgment rendered by the insolvency judge in an appeal against the decision of the official assignee, an appeal would lie under; clause (b) of section 8(2), an argument was made that an appeal under section 86 would be almost an original proceeding where everything will have to be gone into over again and there would ..... admitting or rejecting a proof, when the official assignee acts under rule 25 of the second schedule, it seems more reasonable and more in accordance with a sound interpretation of section 86 and with english practice under statutory provisions couched in the same terms that the 'appeal' from the ' act or decision ' -of the official assignee to the judge should be by motion and that the oral evidence necessary could be taken before the insolvency judge himself.strong reliance has been placed ..... rule 119, the official assignee is required, within seventy days after receiving a proof in writing of the debt, either to admit or reject it wholly or in part or require further evidence ..... rule 4 enables the official assignee at any time to call for production of vouchers, and rule 25 requires him to examine every proof and grounds of the debt and in writing admit or reject in whole or in part or require further evidence .....

In Re: Pushkar Narayan Brahmwar;

Court : Mumbai

Reported in : AIR1953Bom19; (1952)54BOMLR719

..... under the presidency-towns insolvency act, the official assignee has the power to investigate into matters relating to the insolvent so as to enable him to collect and effectively to administer the estate. ..... the master was of the view, following a previous unreportcd decision of the jladras high court, that the persons to be summoned under section 36, presidency-towns insolvency act, were in tho position of witnesses, and could not be summoned when they resided at a distance exceeding 200 miles from the court house. ..... [3] i have no doubt that this is a case in which an order should be passed under section 36, clause (1), presidency-towns insolvency act for their examination and calling them to produce the papers and documents which have been referred to in the notice of motion. ..... section 90, clause (1), makes the provisions of the civil procedure code applicable to the proceedings under the presidency-towns insolvency act, except where there is an express provision made on behalf of any particular matter. ..... the notice of motion is taken out for an order to summon before the court under section 36 of the presidency-towns insolvency act, 3 of 1909, the following four persons -- shri brijnarayan brahmwar, shri govind ram arora, shri s. s. ..... [21] it has been suggested, though not expressly decided, in a case reported in ex-parte waddell: 'in re lutscher, (1877) 6 ch. d. ..... as observed in in re scharrer : ex parte tilly, (1888) 20 q. b. d. .....

Harry Pope Vs. Official Assignee, Rangoon

Court : Mumbai

Reported in : (1934)36BOMLR137

..... young's estate, made the application, out of which the present appeal arises, to have the deed of sale declared void as against the respondent, in respect of the provisions of sections 55 and 56 of the presidency-towns insolvency act, 1909. ..... any transfer of property, not being a transfer made before and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good faith and for valuable consideration shall, if the transferor is adjudged insolvent within two years after the date of the transfer, be void against the official assignee.4. ..... on july 7, 1931, the respondent, as the assignee in insolvency of mrs. ..... 213 here was knowledge of insolvency.9. ..... young was insolvent. ..... young was adjudicated an insolvent.3. ..... in the case is whether the deed of sale was a transfer 'in good faith and for valuable consideration' within the meaning of section 55, and it is clearly for the respondent to establish the contrary in order to succeed in his application : official receiver v. p.l.k.m.r.m. ..... the transaction admittedly was a real one, which takes it out of the class of case found in ex parte chaplin : in re sinclair (1884) 26 ch. d. .....