Judgment Search Results Home > Cases Phrase: presidency towns insolvency act 1909 section 6 delegation of powers to officers to officers of court Court: karnataka

C. Jabbarchand and ors. Vs. C. Oliver and anr.

Court : Karnataka

Reported in : AIR1965Kant117; AIR1965Mys117; (1964)2MysLJ417

..... in in re shivlal rathi, 40 ind cas 207 : (air 1917 bom 239(2)) the bombay high court considered the meaning of the words 'payment in full' occurring in section 21 of the presidency towns insolvency act, which corresponds to s. ..... his lordship held that 'the insolvent cannot bring himself within the language of section 21 of the presidency towns insolvency act unless he satisfied me that he has paid to the creditor, being a creditor, in respect of a debt which was proved, such sum as would have been complete discharge to him spect of that debt, had 'there been no bankruptcy at all. ..... (4) section 37 of the provincial insolvency act which deals with the effect of annulment lays down that :'where an adjudication is annulled, all sales and dispositions of property and payments duly made and all acts therefore done, by the court receiver, shall be valid, but, subject as aforesaid, the property of the debtor who was adjudged insolvent shall vest in such person as the court may appoint or, in default of any such appointment shall revert to the debtor to the extent of his right of interest ..... the learned civil judge who heard the appeal came to the conclusion that the order of annulment had been passed under section 35 of the provincial insolvency act (which corresponds to an identical section of the mysore insolvency act--hereinafter referred to as the act--and that the payment of rs. .....

S. Vasudeva Vs. Government of Karnataka and Others

Court : Karnataka

Reported in : 1999(1)KarLJ116

..... act, 1976 - sections 8, 14, 18, 19, 32, 38-b, 65, 69, 70 and 71;bangalore development authority (amendment) act, 1994;bangalore development authority (allotment of sites) rules, 1984 - rules 3, 4(2), 7, 8, 9, 10, 11, 13, 14 and 14(3);provincial insolvency act, 1920 - sections 6 and 7provincial insolvency act, 1963;constitution of india - articles 14 and 226;prevention of corruption act, 1988;karnataka municipal corporation act, 1976;housing act, 1957 - section 105(1);civil procedure code, 1908 - section 60(1) - order 33, rule 1;presidency towns insolvency act, 1909;presidency towns of bombay, calcutta and madras and the provincial insolvency act, 1920;provincial insolvency (karnataka, extension and amendment) act, 1962;provincial insolvency act, 1920 - sections ..... such powers in or over or in respect of property as might have been exercised by the insolvent for his own benefit at the commencement of his insolvency or before his discharge:provided that nothing in this section shall affect any sale, mortgage or other transfer of the property of the insolvent by a court or receiver or the collector acting under section 60 made before the commencement of the provincial insolvency (amendment) act, 1948 ..... particularly refers to head note (c) and we extract the same:--'when an order or notice emanates from state government or any of its responsible officers directing a person to do something, then, although the order of notice may eventually transpire to be ultra vires and bad in law, it .....

The Regional Provident Fund Commissioner, Bangalore Vs. Smt. Puttamma ...

Court : Karnataka

Reported in : 1999(1)ALD(Cri)116; 1998(6)KarLJ354; (1999)ILLJ377Kant

..... liable to attachment under any decree or order of any court in respect of debt or liability incurred by the debtor.therefore, ..... liable to attachment under any decree or order of any court in respect of any debt or liability incurred by the member [or the exempted employee], and neither the official assignee appointed under the presidency towns insolvency act, 1909 (3 of 1909) nor any receiver appointed under the provincial insolvency act, 1920 (5 of 1920), shall be entitled to or have any claim on, any such amount'.from the reading of sub-section (1) of section 10 it is clear that the provident fund amount is not ..... the learned counsel for the petitioner submitted that though there is no prohibition under section 125, criminal procedure code, the very attachment of the provident fund amount consists of a clear bar under section 10 of the employees' provident funds and miscellaneous provisions act, 1952 (for short 'the act'), which reads as follows:'the amount standing to the credit of any member in the fund (or of any exempted employee in a provident ..... to the provident fund disbursing officer as shown in the process .....

Mysore Silk Waste Merchants and Reelers Association Vs. Official Liqui ...

Court : Karnataka

Reported in : [1965]35CompCas107(Kar); (1965)1MysLJ710

..... now section 52 of the presidency towns insolvency act contains an express provision that a property held by an insolvent on trust for any other provincial insolvency act nor the mysore insolvency act contains a provision similar to section 52 of the presidency towns insolvency act, it is clear from the provisions of section 28 of the other two enactments that what vests in the official receiver is only the property of the insolvent, and since the property held in the insolvent in trust for others is not his own property, it does not vest in him. ..... quite apart from the fact that it is surely unsafe and certainly not permissible in a matter like this to depend to any extent upon the opinions formed by the members of the technical survey team or the special officer of the efficiency audit, it is clear that none of the two documents on which the appellant wishes to rely, to any extent, can persuade the view that the amount shown to be due to the respondent firm in the books of ..... the relevant of the insolvency law, to which section 529 of the companies act obviously refers, is section 33, of the mysore insolvency act, under the provisions of which it is for the court to determine the persons who have proved themselves to be creditors of the insolvent in respect of the debts. ..... on that question, the official liquidator had the power to insist on proof from the respondent firm notwithstanding the entries in the account books of th company which, prima facie, establish the indebtedness. .....

East India Transport Agency Vs. Oriental Insurance Co. Ltd. and anr.

Court : Karnataka

Reported in : [1998]94CompCas141(Kar)

..... in the firm,(3) the provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not 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 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 ..... 1445-51 of 1994--september 2, 1998) and connected cases, decided on september 2, 1998, the regional manager of the present respondent-company being the other principal officer of the insurance corporation, who could be expected to be conversant with the facts of the case and would depose to them necessarily has been held as the proper person to ..... the civil procedure code together with order 29, rule 1 of the civil procedure code, it would appear that even in the absence of any formal letter of authority or power of attorney having been executed, a person referred to in rule 1 of order 29 of the civil procedure code can by virtue of the office which he holds, sign and verify the pleadings on behalf of the corporation. ..... code, therefore, provides that in a suit by or against a corporation, the secretary or any director or other principal officer of the corporation who is able to depose to the facts of the case might sign and verify on behalf of the .....

Hegde and Golay Limited Vs. State Bank of India

Court : Karnataka

Reported in : ILR1987KAR2673

..... of the company just in the same way as he would be able to do in the case of insolvency under the presidency towns insolvency act or the provincial insolvency act'.in hansraj's case4 it was observed :'.....i am, therefore, of opinion that the rules contained in any section of the provincial insolvency act, the rules, if any, made under the act and any appropriate established rules of practice in insolvency proceedings are imported into the companies act, unless there is something in the companies act itself already providing for the matter in question, or in conflict with the ..... that it should, at regular, specified intervals, submit to the bank returns showing production, sales and other operating data ; submit periodic stock-statements with lists of current insurance policies duly certified ; permit the bank's officers to enter the company's premises to inspect and check the correctness of these returns ; and to have a nominee of the bank on its board of directors.the bank alleged that the company, in open defiance of these obligations, refused ..... referring to this area of the operation of discretion to refuse a winding-up order, palmer (23rd edition) says :'a basic question arises, does the court have a discretion under section 222(e) and 223 the general rule is that where a petitioning creditor can prove that his debt is unpaid and the company is insolvent it is the duty of the court to direct a winding up and the creditor is entitled to an order ex debito justitiae. .....

Sri Venkataraya S Nayak Vs. D Vijaygopal Mallya

Court : Karnataka Dharwad

..... (3) the provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not 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 realise the property of a dissolved firm, or - 18 - rsa no.1035 of2007(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. ..... , this chapter does not apply, or (b) to any suit or claim of set-off not exceeding one hundred rupees in value which, in the presidency-towns, is not of a kind specified in section 19 of the presidency small cause courts act, 1882 (5 of 1882), or, outside the presidency-towns, is not of a kind specified in the second schedule to the provincial small cause courts act, 1887 (9 of 1887), or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim.26. ..... defendant has not pressed the said arbitration clause and not filed necessary application under section 8 of the arbitration act before trial court to refer the dispute to arbitration. ..... therefore, we cannot find fault with either trial court or first appellate court to hold that they erred in not considering the section 69 of the indian partnership act, 1932.-. .....

Official Liquidator, High Court, Karnataka Vs. James EdvIn and ors.

Court : Karnataka

Reported in : AIR1983Kant24; [1983]54CompCas792a(Kar); 1982(1)KarLJ310

..... 47 of the presidency towns insolvency act, 1909, corresponding to sec ..... subscribers to a chit fund or kuri who offer themselves as sureties taken upon themselves an additional risk and liability and therefore entitled to the benefit of section 46 of the provincial insolvency act and further they satisfy the test of mutuality of the dealings between themselves and the insolvent.12. ..... it was so held by the learned judge after having considerate several indian and english decisions and expressly dissenting from the decision of the bombay high court in the case of trimbak gangadhar v. ..... the division bench rules as such after considering several indian and english decisions and after distinguishing the decision of the supreme court in the case of union of india v. ..... i am fortified in the conclusion reached, by three decisions of other high courts directly on the point. ..... a division bench of this court in the case of official liquidator v. b ..... of them are rendered by the high court of madras and one by the calcutta high court. ..... vijayashankar, learned counsel for the official liquidator has attempted to distinguish that decision on the ground that in lakshmi kutty's case the courts were dealing with the case of a principal debtor herself claiming set-off and whether sureties could claim the privilege of set-off was not considered by the courts. ..... has relied upon a number of decisions of other high courts as well as this court.8. ..... decision in lakshmi kutty's case has been affirmed by the supreme court. .....

M/s Bellary Nirmithi Kendra Vs. M/s Capital Metal Industries

Court : Karnataka Dharwad

..... the hon'ble apex court while considering the question as to whether an insolvency notice under section 9 of the presidency town insolvency act, 1909 can be issued on the basis of an arbitration award, held that such notice cannot be issued for the reason the arbitration award is neither a decree nor an order for payment within the meaning of section 9(2) of the insolvency act and it is not ..... an arbitral award is a decree for the purpose of section 9 of the presidency towns insolvency act, 1909, after considering the various provisions of the act of 1996 as well as of the cpc has held ..... the arbitration and conciliation act, 1996 cannot be construed to be a decree for the purpose of section 9(2) of the insolvency act. ..... question, it is relevant to note a few aspects with regard to the factual matrix of the present case: i) a notice dated 9.10.2014 was issued by the member secretary, council under section 18 read with section 17 of the msmed act notifying the petitioner that the respondent has filed petition no.69/2014 for recovery of a sum of `34,48,445/- and requiring the petitioner to reply to the said notice within 15 days; ii) the ..... award shall be enforced under the code of civil procedure, 1908 in the same manner as if it were a decree of the court in section 36 of the act would not mean that the provisions of the code of civil procedure with regard to execution of decree would become applicable in the ..... section 4(a) defines court and various sections deal with the powers of the court .....

Smt. Vasantibai (Deceased) by L.R. Vs. Mallappa Narasappa Ramankatti ( ...

Court : Karnataka

Reported in : ILR2002KAR2989

..... leasehold rights stand extinguished by sale of flat by respondent 4 in favour of the appellants, the said leasehold rights would automatically stand revived once the transfer is declared as void against the official assignee in accordance with provisions of section 55 of the presidency town insolvency act. ..... the insolvency court declared the transfer void against official assignee in accordancewith section 55 of the insolvency act and that order has become final. ..... section 47 confers power on the court executing the decree which can look into the same ..... section 47 deals with the power of the court and order 21, rule 2 deals with the procedure to be followed in respect of limited clause of cases relating to discharge or satisfaction of the decree where the question of adjustment or satisfaction of the decree is raised ..... answering in the negative and allowing the appeal, the supreme court--held: in view of the provisions of rules 35 and 36 of order 21 of the cpc and article 136 of the schedule to the limitation act, 1963 (article 181 of schedule ii of old act) no independent suit for recovery of possession of the property which is the subject-matter of the decree, would ..... in other words the executing court has ample powers to make an inquiry and determine all the questions arising between the parties to the decree regarding discharge or satisfaction of the decree.14 ..... such power not only is vested within the competence of the court, but the court is bound to assist the party to that .....