Judgment Search Results Home > Cases Phrase: presidency towns insolvency act 1909 part iv official assignees Sorted by: old Court: supreme court of india Page 1 of about 36 results (0.210 seconds)

N. Subramania Iyer Vs. the Official Receiver, Quilon

Court : Supreme Court of India

Reported in : AIR1958SC1; [1958]1SCR257

..... (2) of the presidency towns insolvency act, 1909. ..... 93 in a case arising under the presidency towns insolvency act, applies to a case like the present governed by the insolvency regulation, which follows more closely the provincial insolvency act and not the presidency towns insolvency act, the present controversy is not barred by any finding in the order of adjudication ..... the privy council affirmed the decision of the appeal court and dismissed the official assignee's appeal, the respondent-transferee not appearing before the judicial committee. ..... we are prepared to go further and say that even if the burden were on the transferee to show affirmatively that he had paid the full consideration, we would have no hesitation in confirming the findings of the high court on this part of the case which have been arrived at after a very full and fair consideration of the evidence on the record, pro and con, though there is very little evidence adduced in support of the allegation that the ..... it follows that the lease back to the mortgagors being a part of the same transaction is equally binding on the estate of the insolvents. ..... we would fain believe that this extremely dilatory way of dealing with litigation involving the business community is not a habit in that part of the country and that the present case is only an exception. ..... in that case the judicial committee, following the well established rule in england as laid down in the leading case of ex parte learoyd in re foulds (1878) ch. d. 3. .....

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 .....

Rm. Nl. Ramaswami Chettiar and ors. Vs. the Official Receiver, Ramanat ...

Court : Supreme Court of India

Reported in : AIR1960SC70; [1960]1SCR616

..... (1943) indap 93, was that in a case under the presidency-towns insolvency act, when the act of insolvency upon which an order of adjudication is founded is a transfer amounting to a fraudulent preference, the transferee cannot so long as the order of adjudication stands, question that finding, namely, that the transfer was a fraudulent preference and that, therefore, in an application by the official assignee to have that transfer annulled on the ground that it was a fraudulent preference, the order of adjudication is conclusive proof that ..... 98 : 'the provisions of the presidency-towns insolvency act, 1909, are also in similar terms, and their lordships feel no doubt that the principles of the english decision are as valid in ..... council hold that when there was an order of adjudication on the basis of an act of insolvency, there was no necessity on the part of the official assignee to take out an application for setting aside the transfer constituting the act of insolvency. ..... not a part of the insolvent's estate. ..... very clear, it appears to me that what the privy council stated was that in such an application the decision on the transfer forming part of the order of adjudication is conclusive evidence of the invalidity of the transfer. ..... part of the limitation act ..... the purchaser is neither a part to the proceedings nor any ..... of the high court 'expressed some doubt whether the intent to prefer was in fact proved; but they were both of opinion (following ex parte learoyd (1878) 10 ch. d. .....

Ramesh Himmatlal Shah Vs. Harsukh Jadhavji Joshi

Court : Supreme Court of India

Reported in : AIR1975SC1470; (1975)2SCC105; [1975]SuppSCR270

..... raised by a society from its members by way of savings deposit, shall not be liable to attachment or sale under any decree' or order of a court for or in respect of any debt or liability incurred by the member; and accordingly, neither the official assignee under the presidency-towns insolvency act, 1909, nor a receiver under the provincial insolvency act, 1920, nor any such person or authority under any corresponding law for the time being in force, shall be entitled to, or have any claim on. ..... (2) a member shall not transfer any share held by him or his interest in the capital or property of any society, or any part thereof, unless:(a) he has held such share or interest for not less than one year ; (b) the transfer is made to a member of the society or to a person whose application for membership has been accepted.section 31 may also be ..... it is true that bye-law 71d says that a member to whom a tenement is allotted shall not assign or underlet, vacate or part with the possession of the tenement or any part thereof without the previous consent in writing of the managing committee, but there is nothing to show that contravention of this bye-law makes the assignment void under the act unlike in the case of a transfer being void under section 47(3). ..... 'a member to whom a tenement is allotted shall occupy it himself and shall not assign, underlet, vacate or part with the possession of the tenement any part thereof without the previous consent in writing of the managing committee.'72. .....

Prabhu Shankar Jaiswal Vs. Sheo NaraIn Jaiswal and ors.

Court : Supreme Court of India

Reported in : 1996VIIIAD(SC)296; 1996(2)ARBLR677(SC); JT1996(10)SC11; 1996(7)SCALE878; (1996)11SCC225; [1996]Supp8SCR44; 1996(2)LC828(SC)

..... --(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 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, or the provincial insolvency act, 1920, to realise the property of an insolvent partner.5. ..... right arising from a contract shall be instituted in any court by or on behalf of a firm against any third partly unless the firm is registered and the persons suing are or have been shown in the register of firms as partners ..... a partnership deed of an unregistered firm for the purpose of dissolution and accounts of the partnership firm, the partners can maintain all applications/petitions under the arbitration act for the purpose of enforcing their right to secure dissolution and accounts of the partnership firm through arbitration. ..... not merely to sub-sections (1) and (2) but also to the first part of sub-section (3) which deals with proceedings other than suits. ..... court has held that the word 'proceedings' in the first part of sub-section (3) must be widely construed to include proceedings ..... later part, however, carves out certain exceptions to the bar contained in sub-sections (1), (2) and the first part of ..... deed, a suit or any other proceeding by a partner to enforce this term in the contract against the other partners would, therefore, normally be barred under the first part of sub-section (3) of section 69. .....

P. Veerasamy Vs. the Official Assignee High Court, Madras

Court : Supreme Court of India

Reported in : AIR1999SC661; 1999(2)ALLMR(SC)234; JT1999(1)SC8; (1999)IIMLJ3(SC); 1999(1)SCALE15b; (1999)2SCC505; [1999]1SCR37; 1999(2)LC803(SC)

..... in this context, mulla also says (p.438) that under section 60 of the presidency towns insolvency act, 1909, the 'official assignee cannot, without an order of the court, recover any portion of the salary or income. ..... section 75 reads as follows:section 75(1) & (2) : (1) subject to such conditions and limitations as may be prescribed, the official assignee may appoint the insolvent himself to superintend the management of the property of the insolvent or of any part thereof, or to carry on trade (if any) of the insolvent for the benefit of his creditors, and in any other respect to aid in administering the property in such manner and on such terms as the official assignee may direct. ..... in case, income from business or trade can be brought within section 60(2), then the advantage is that such income will not automatically vest in the assignee and even if it is entirely attachable, no part of it can be received by the assignee except by an order of the court and until the court has considered what amount is to be treated just in the circumstances of the case, to be distributed to the creditors.23. ..... in other words, the court can allow the insolvent to retain not only the non attachable part of the 'salary or income' but also that part of the attachable 'salary or income' to the extent the court thinks just.19. .....

Anita Enterprises and anr. Vs. Coop. Housing Society Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2008SC746; 2008(1)ALLMR(SC)944; 2008(1)BomCR581; 2007(13)SCALE83; (2008)1SCC285; 2007AIRSCW7921

..... by a society from its members by way of savings deposit, shall not be liable to attachment or sale under any decree or order of a court for or in respect of any debt or liability incurred by the member; and accordingly, neither the official assignee under the presidency-towns insolvency act, 1909, nor a receiver under the provincial insolvency act, 1920, nor any such person or authority under any corresponding law for the time being in force, shall be entitled to, or have any claim on, such share or interest. ..... in any other manner his interest therein [and after the date of commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1973, for any tenant to give on licence the whole or part of such premises]:[provided that the [state] government may by notification in the official gazette, permit in any area the transfer of interest in premises held under such [leases or class of leases [or the giving on licence any premises or class of ..... [(4) without prejudice to the foregoing provisions of this section, in the case of agro-processing societies or any other society for which a definite zone or an area of operation is allotted by the state government or the registrar, it shall be obligatory on the part of such society to admit, on an application made to it, every eligible person from that zone or the area of operation, as the case may be, as a member of such society, unless such person is already registered as a member of any other such society, .....

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 .....

R.B. Jodha Mal Kuthiala Vs. the Commissioner of Income-tax, Punjab, Ja ...

Court : Supreme Court of India

Reported in : AIR1972SC126; [1971]82ITR570(SC); (1971)3SCC369; [1972]1SCR639

..... in that case on the adjudication of a person as insolvent under the presidency towns insolvency act, 1909, certain house property of the insolvent vested in the official assignee. ..... we may note that the powers of the custodian are no less than that of the official assignee under the presidency towns insolvency act, 1909. ..... the high court held that the property did not by reason of the adjudication of the debtor cease to be a subject fit for taxation and in view of the provisions of section 17 of the presidency towns insolvency act, the official assignee was the 'owner' of the property and he could rightly be assessed in respect of the income from that property under section 9. ..... at page 217 sir sydney rowlatt when giving the judgment of the privy council made this observation: 'in their lordships' opinion the effect of the act creating these trusts is not to give the baronet for the time being any right to any part of the interest or property specifically or any right which, even granting that the legal title is not the only thing that can ever be looked at, would make it true to say that ..... the loan taken from the bank was partly repaid but as regards the loan taken from the raja, the assessee came to an agreement with the raja under which the raja accepted a half share in the said property in lieu of the loan advanced ..... it was part of the income arising from the sequestrated estates vested in the trustee for the respondent's creditors. .....

Sha Mulchand and Co. Ltd. (In Liquidation) Vs. Jawahar Mills Ltd.

Court : Supreme Court of India

Reported in : AIR1953SC98; [1953]23CompCas1(SC); (1953)IMLJ364(SC); [1953]4SCR351

..... of the special bench clearly expressed the view that article 181 of the limitation act applied only to applications under the civil procedure code and did not apply to an application under section 56 of the presidency towns insolvency act. ..... official assignee ..... division bench explained the observations made by him in the special bench case by pointing out that the entire procedure for an application under section 26(f) of the bengal tenancy act was regulated by the civil procedure code and, therefore, an application for pre-emption was, as it were, an application made under the civil procedure code. ..... then after referring to certain conduct on the part of govindaraju chettiar and sundara ayyar the learned judge concluded that by reason of the long delay in reviving the company and in taking proceedings under section 38 of the indian companies act the mills had been induced to put themselves in a situation in which it became impossible for them to restore the company to the register in respect of those 5,000 shares and that in view ..... further, whatever be the effect of mere waiver, acquiescence or laches on the part of a person on his claim to equitable remedy to enforce his rights under an executory contract, it is quite clear, on the authorities, that mere waiver, acquiescence or laches which does not amount to an abandonment of his ..... law, ceased to be a director of the company, although it is alleged that he nevertheless continued to take part in the management of the company. 4. .....