Judgment Search Results Home > Cases Phrase: presidency towns insolvency act 1909 Court: kolkata Page 1 of about 1,278 results (0.046 seconds)

In Re : the National Small Industries Limited with Exparte : Rajanikan ...

Court : Kolkata

Reported in : AIR2000Cal167,(2000)2CALLT270(HC)

..... it appears from the sale annexure to the petition that the petitioner's advocate served notice to the debtors on behalf of the creditors on 27th march, 1998 under section 9(3) of the presidency towns insolvency act, 1909 requiring their payment of the decretal amount etc. ..... subsection (3) of section 9 of the presidency towns insolvency act, 1909, speaks as follows :--an insolvency notice under sub-section (2) shall- (a) be in the prescribed form; (b) be served in the prescribed manner; (c) specify the amount due under the decree or order and require the debtor to pay the same or to furnish security for ..... the notice under section 9(3) of the presidency towns insolvency act 1909 was dated 27th march. ..... the debtor have not complied with the requisition contained in the notice within the period mentioned in the said notice and as such, have committed an act of insolvency as provided in section 9(2) of the presidency towns insolvency act, 1909.....'.4. ..... (a) the said rajanlkant hlmmatlal kampanl and sudarshan ralwere served a notice under section 9(3) of the presidency towns insolvency acts (act 3 of 1909) in the prescribed form and served under registered cover both their respective present residential address and also at their business place at no ..... , he reiterated, in addition to the above points, that there is no scope of agitating any point of demurer at this stage since there is no reply to the notice of insolvency prescribed under section 9(5) of the presidency towns insolvency act.27. .....

Haridas Mundhra Vs. Mahabir Prasad Juthalal and ors.

Court : Kolkata

Reported in : AIR1975Cal357

..... appeal is whether the debtor haridas mundhra has committed an act of insolvency within the meaning of section 9 of the presidency towns insolvency act, 1909 (act iii of 1909) (hereinafter called the act) and whether the learned judge was right in passing the order of adjudication adjudging him an insolvent.17. ..... lordships are of opinion that the question to be decided in this appeal must be decided on the wording of the presidency towns insolvency act, 1909, and on that act alone. ..... different considerations, and decisions in cases under those sections are likely to mislead a court which has to construe the presidency towns insolvency act, 1909.'26. ..... it was conceded that a pension payable by the government is not property of the insolvent within the meaning of section 7 of the presidency towns insolvency act, which vests in the official assignee on the making of an order of adjudication and the learned judge held: 'this is in accordance with section 2(e) of the act, by which 'property' includes any property over which or the profits of which any person has a disposing power which he may exercise ..... the court exercising jurisdiction under the insolvency act, can go behind the judgment and enquire whether, notwithstanding the judgment, there ..... judge was satisfied that there was a debt in respect of the decree and the judgment-debtor has committed an act of insolvency by allowing the attachment to continue beyond 21 days and the property in respect of these shares were the judgment-debtor .....

Ex Parte: Champalal Jajodia Vs. Life Insurance Corporation of India

Court : Kolkata

Reported in : AIR1984Cal158

..... of june, 1982 the respondent issued a notice on the petitioner under section 9 sub-section (2) of the presidency towns insolvency act, 1909 to pay the balance decretal amount of rs. ..... shome drew my attention to section 9 sub-section (5c) of the presidency towns insolvency act and submitted that apart from a bare statement in the notice, the judgment creditor had not substantiated its bald allegation that the judgment debtor was transferring his property or which could be considered ..... circumstances this court had jurisdiction under the presidency towns insolvency act to pass the necessary orders. ..... there has not been sufficient compliance of section 3 (d) of the presidency towns insolvency act.7. mr. ..... under the presidency towns in-solvency act as amended by the act of 1978 shortness in the length of notice is not a ground for setting ..... was contended that the defendant would be deemed to have committed an act of insolvency for not complying with the requirement of the notice.2. mr. ..... that no act of insolvency had been committed by the petitioner but non-payment of the decretal amount is regarded as an act of insolvency. mr ..... a decretal amount had also been made a ground for declaration of the judgment-debtor an insolvent under the amended act. ..... money decree is a simple instalment decree without any default clause the period of limitation for its execution under clause 7 of article 182 of the limitation act is reckoned in respect of each instalment from the date when such instalment fell due. .....

NavIn Jhunjhunwala Vs. Vijay Kumar Sharma

Court : Kolkata

Reported in : (2005)1CALLT511(HC)

..... , learned advocate appearing for the petitioner-debtor has contended that section 24(3) of the presidency towns insolvency act, 1909 (hereinafter referred to as 'act' only) the petitioner is entitled to get the relief as prayed for. ..... it is claimed that in terms of the provisions of section 18 of the presidency towns insolvency act, 1909, the court may at any time after making of an order of adjudication stay any suit or other proceedings against the insolvent before any judge or judges of the court or any other court subject to the superintendence of ..... the debtor appeared at the time of hearing of the petition of the creditor for adjudicating the debtor an insolvent, nor the creditor appeared on notice to contest the petition of the debtor for being protected from arrest.12. ..... of the act starting from section 9 and ending with section 45 deals with proceeding from act of insolvency to discharge act of insolvency. ..... deals with the duties of the official assignee in relation to the conduct of the insolvent and to the administration of his estate whereas section 80 of the act deals with the duties of the creditors.8. mr. ..... prevails a common impression all along that with the adjudication of the debtor an insolvent there is a civil death of a debtor as the debtor is deprived of many rights of the citizens and as such the insolvent/debtor is entitled to protect from being arrested. ..... section 36 of the act deals with discovery of insolvent's property and the duty of the official assignee and .....

Soorajmull Nagarmull Vs. Dalhousie Properties Ltd. and ors.

Court : Kolkata

Reported in : (2006)2CALLT1(HC)

..... 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 realize the property of an insolvent partner. ..... 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.10. ..... which have no place of business in [the territories to which-this act extends], or whole places of business in [the said territories] are situated in areas to which, by notification under [section 56] 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 schedule ii to the provincial .....

Ashutosh Chakraborty and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... 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 the property of an insolvent p artner. ..... 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.11. mr. ..... which have no place of business in the territories to which this act extends, or whose places of business in the said territories are situated in areas to which, by notification under section 56, the chapter does not apply, or(b) to any suit or claim or 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 (15 of 1882), to outside the presidency-towns, is not of a kind specified in the second schedule to the provincial .....

inderlal Agarwalla Vs. M.B. Medhora

Court : Kolkata

Reported in : AIR1978Cal16

..... on these facts, we are of the opinion that no prima facie case of any act of insolvency as required by section 13(2)(b) of the presidency towns insolvency act, 1909 was made out by the appellant in the trial court.15. ..... section 13 of the presidency towns insolvency act, 1909, makes provisions for proceedings and orders on creditor's petition. ..... medhora within three months before the date of the presentation of this petition has committed the following acts of insolvency namely: (a) that on the 31st day of july, 1970 the said debtor gave verbal notice to me that he had in fact suspended payment of his debts and he had no intention to pay any of his creditors, including myself. ..... sub-section (2) of section 13 provides as follows:-- 'at the hearing the court shall require proof of- (a) the debt of the petitioning creditor, and (b) the act of insolvency, or, if more than one act of insolvency is alleged in the petition, some one of the alleged acts of insolvency.' 6. ..... a petitioner applying for adjudication, therefore, has to prove (1) the debt due to him, and, (2) the act or acts of insolvency of the respondent.7. ..... justice deb made on the 2nd august, 1971 in insolvency case no. ..... in paragraph 3 of the appellant's affidavit-in-reply affirmed on the 7th january, 1971, the appellant has stated as follows:'the said debtor is in utter financial difficulties and is a bankrupt and insolvent. .....

Nawratam Purohit Vs. Arvind Agarwal

Court : Kolkata

Reported in : AIR2008Cal70,2008(2)CHN797

..... the present applicant says that the acts of insolvency enumerated in section 9 of the presidency towns insolvency act, 1909 requires to be adjudicated upon by court and the court's satisfaction has to be recorded before the declaration of a debtor as insolvent.4. ..... bose, the learned counsel appearing for the creditor and after going through the petition and relevant sections of the provincial insolvency act, i hold that the creditor has made out his case and the debtor mr. ..... 13(2) of the 1909 act provides that at the hearing of a creditor's application seeking the debtor to be declared as insolvent, the court shall require proof of the debt of the petitioning creditor and the act or acts of insolvency.5. ..... the present applicant demonstrates that the acts of insolvency were not gone into by the court at the earlier stage and the satisfaction of the court was not recorded as to acts of insolvency having been committed and the credibility of the claim made by the original creditor ..... section 21 of the 1909 act, where it appears to court that a debtor ought not to have been adjudged insolvent, the court may annul the declaration of insolvency made as regards the insolvent. ..... since the preconditions to the exercise of jurisdiction under section 13 of the 1909 act do not appear to have been met, albeit the debtor's admission thereof, the order should not be allowed to prevail insofar as it operates as a bar to the applicant creditor from enforcing the decree obtained by the applicant creditor .....

In Re: B.M.G. Pharmaceuticals (P) Ltd. (In Liquidation)

Court : Kolkata

Reported in : (2007)3CALLT620(HC),2008(1)CHN74,[2008(116)FLR751],(2008)IILLJ110Cal

..... of the property of the insolvent or the assets of the company being wound up, as the case may be.explanation. ..... charges payable by him to the appropriate government under any provision of this act or under any of the conditions specified under section 17,shall, where the liability therefor has accrued before the order of adjudication or winding up is made, be deemed to be included among the debts which under section 49 of the presidency-towns insolvency act, 1909 (3 of 1909), or under section 61 of the provincial insolvency act, 1920 (5 of 1920), or under section 530 of the companies act, 1956 (1 of 1956) are to be paid in priority to all other debts in the distribution .....

In Re: Bholanath Chatterjee and Ex Parte: Ratnakar Misra

Court : Kolkata

Reported in : AIR1968Cal521,72CWN35

..... 9(b) of presidency towns insolvency act, 1909; second act of insolvency is that on 6th may 1967, 10th may 1967, and 11th may 1967 the creditor tried to see the debtor, but on each occasion the debtor was alleged to have avoided him and was absenting himself from his residence, thus, attracting section 9(d)(ii) and (iii) of the said act by depriving him of the means of communicating with ..... edition:'a transfer by a debtor of all or substantially all his property in consideration of a past debt, that is, a debt already incurred, whether made absolutely or by way of a security is an act of insolvency within the meaning of this clause, whatever the motive of the parties may have been, as such transfer has the effect of withdrawing all the debtor's property from the legal process which his creditors ..... next point to be decided is whether an application under the insolvency act is a proper procedure by which the creditor could get relief. ..... of course, under the insolvency act, if the debt and the act of insolvency arc proved the order of adjudication will ordinarily ..... this would show that the insolvency act has been taken recourse to, to put pressure on the debtor to make ..... the market it is true that the creditor has got a remedy both under the ordinary law of the land for getting hack his money by filing a suit and also by making an application under the insolvency act. ..... my view on the facts of this case i am not satisfied that there is any act of insolvency so far as the debtor is concerned. .....