Judgment Search Results Home > Cases Phrase: presidency towns insolvency act 1909 Page 5 of about 10,000 results (0.115 seconds)

In Re: Nilesh Lalit Parekh

Court : Mumbai

Reported in : 2002(1)ALLMR443; 2002(1)BomCR357; 2002(1)MhLj785

..... 'in short, the appellant contends that she is entitled to serve an insolvency notice under section 9 of the presidency towns insolvency act, 1909 on the respondent in respect of a consent order which has the force of a decree or an order for payment of an amount due to her as a creditor. ..... the appellant's contention is, therefore, that she is entitled to have an insolvency notice under section 9 of the presidency towns insolvency act, 1909 (hereinafter referred to as the 'act') issued to the respondent. ..... present case, we are of view that the learned single judge has committed an error in holding that the only remedy which the appellant had, was to file a suit and was not entitled to issue a notice of insolvency under section 9(1) of the presidency towns insolvency act, 1909.39. ..... (h) ....state amendment maharashtra: in its application to the state of maharashtra, after clause (h) of section 9, insert the following, namely :--'(i) if, after a creditor has served an insolvency notice on him under this act in respect of a decree or an order for the payment of any amount due to such creditor, the execution of which is not stayed, he does not, within the period specified in the notice which shall not be less than one ..... order binding the respondent in the present case would be executable under section 145 of the code of civil procedure, the order would therefore be a decree or order for payment of money within the meaning of section 9(1) of the insolvency act.9. .....

S. Vasudeva Vs. Government of Karnataka and Others

Court : Karnataka

Reported in : 1999(1)KarLJ116

..... and amendment) act, 1962;provincial insolvency act, 1920 - sections 4, 6, 7, 10, 28, 35, 36, 37 and ..... :bangalore development authority 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 .....

Narsingh Das Vs. Bhairon Dan

Court : Rajasthan

Reported in : AIR1961Raj81

..... the law under which the defendant was declared insolvent was the presidency-towns insolvency act, 1909 (act no. ..... the position, therefore, is that on the adjudication of a partner as insolvent, his share in the partnership business along with his separate property vests in the insolvency court.once this vesting takes place, the provisions of section 17 of the 'presidency-towns insolvency act come into play, and no creditor with respect to a debt provable in insolvency can proceed against the insolvent except by recourse to the insolvency: court, nor can he file any independent suit for the recovery of his debts except with the leave ..... section 46 of the presidency-towns insolvency act gives the definition of such debts. ..... v of 1920), which it is elementary does not apply to presidency-towns, and calcutta was and is one of them. ..... iii of 1909).according to section 17 of the latter act, on the making of an order of adjudication the property of the insolvent wherever situate shall vest in the official assignee for being divided among his creditors and thereafter no creditor to whom the insolvent is indebted in respect of any debt provable in insolvency can have any remedy against the property of the insolvent or commence any suit or other legal proceedings, except with the leave of the court during the pendency of the insolvency proceedings. .....

B.D. Agarwal and anr. Vs. Official Assignee, High Court and anr.

Court : Mumbai

..... per provisions of section 17 of the presidency towns insolvency act, 1909, all the assets and properties of the insolvents vested in the official assignee on that ..... grievance of the appellants that the lease agreement is wrongly terminated is concerned, we have already noted that after the adjudication order was passed, the property vested in the official assignee under section 17 of the presidency towns insolvency act, 1909. ..... stated that, therefore, the official assignee had no reason to take physical possession of the said flat because it falls outside the purview of the presidency towns insolvency act, 1909. ..... counsel submitted that by handing over possession of the said flat to the central bank, the insolvency court has virtually passed an eviction order which it could not have passed because only the small causes court has exclusive jurisdiction to pass ..... stated that the central bank had filed original application in the debts recovery tribunal (for short, "the drt") against insolvents at jaipur being original application no.234 of 2002 to recover a sum of rs.3,91,44,184.48 with further interest. ..... said flat was in possession of the official assignee, the central bank informed the official assignee about the action taken under the sarfaesi act and requested the official assignee to hand over possession of the said flat to the central bank in order to sell the same. ..... , the central bank has initiated proceedings under the sarfaesi act against the appellants and the insolvents b.d. .....

Kajaria Traders (India) Ltd. Vs. Foreign Import and Export Association

Court : Mumbai

Reported in : AIR1961Bom65; (1960)62BOMLR753

..... 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,' it is not disputed that the present petition is not a suit within the meaning of section 69(1) of the ..... provisions of the presidency towns insolvency act, 1909, and the provincial insolvency act, 1920. ..... not apply 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, or outside the presidency towns, is not of a kind specified in the second schedule to the provincial small cause courts act, 1887, or to any proceeding in execution or other proceeding incidental to or arising from any such suit or claim ..... naik, who heard the matter, agreed that in the circumstances of the present case an application under section 8 of the indian arbitration act, 1940, can lie to the court and that the court had power to make an order under sub-section (2) of section 8 ..... the letters patent for the determination of the questions following:--'whether in view of the provisions contained in section 69 of the indian partnership act, 1932, the present petition is maintainable and what provisions should be made for the costs of the parties to the petition. .....

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. .....

Khetarpal Amarnath Vs. Madhukar Pictures

Court : Mumbai

Reported in : AIR1956Bom106; (1955)57BOMLR1122

..... claim that the insolvency notice which has been served on him should be set aside on the ground that he has a counterclaim which exceeds the decretal amount ordered to be paid by him justified under rule 52b(5)(b) of the rules framed by this court under the presidency towns insolvency act, 1909? ..... whether the right of the indemnity-holder to sue for the specific performance of the contract can be regarded as a counterclaim within the meaning of rule 52b (5)(b) of the rules framed by this court under the presidency towns insolvency act, 1909. ..... specific performance may be sustained before the plaintiff has actually been damnified, and that the limit of the defendant's liability to the plaintiff is the full amount for which he is liable-or, if he is dead or insolvent, the full amount provable against his estate, and not only the amount of dividend which such estate can pay. ..... where the learned judge has expressed the view that, in considering whether a person seeking to have an insolvency notice set aside sets up a counterclaim, it would be unnecessary to decide the merits of the counterclaim at that stage; all that the court would be concerned to' consider at that stage would be whether 'prima ..... this section deals with the rights of the indemnity-holder and it provides that the promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor damages which he may be compelled to pay in any suit in respect of any matter to which the .....

Bharat Chandulal Nanavati and anr. Vs. United Commercial Bank

Court : Mumbai

Reported in : 1988(3)BomCR146

..... two questions arises in this petition: (a) if a money decree is executable on the day the insolvency petition is presented, but not so at the hearing of the same as being barred by the law of limitation, whether an order of adjudication can be passed under section 13 of the presidency towns insolvency act, 1909? ..... this is what the learned judge said :'on a proper interpretation of section 13(2) of the presidency towns insolvency act, i am inclined to uphold the contention of mr. ..... before i deal with the said case, i must refer to some of the relevant provisions of the presidency towns insolvency act. ..... an ex parte decree was passed on march 4, 1976 and according to them the decree is time barred on march, 3/4, 1988 and according to them there is no debt existing as of today, against the debtors as required under sections 12 and 13 of the presidency towns insolvency act. ..... the period specified therein :provided that where a debtor makes an application under sub-section (5) for setting aside an insolvency notice---(a) in a case where such application is allowed by the court, he shall not be deemed to have committed an act of insolvency under this sub-section ; and(b) in a case where such application is rejected by the court, he shall be deemed to have committed an act of insolvency under this sub-section on the date of rejection of the application or the expiry of the period specified in the .....

Chhote Lal Vs. U.P. State Electricity Board

Court : Allahabad

Reported in : AIR1990All27

..... 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 partner. ..... when the suit is for dissolution of firm or for accounts of the dissolved firm or to realise its property and also to a case for realisation of property of an insolvent partner by the official receiver or court under the presidency-towns and provincial insolvency act. ..... under section 56, this 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 presidencysmall cause courts act, 1882 (15 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 in execution or other proceeding incidental to or arising from any such suit or claim .....

The Official Assignee, High Court, Madras and ors. Vs. Mangalambal and ...

Court : Chennai

Reported in : AIR1980Mad200

..... presidency towns insolvency act, 1909, to the official assignee and that therefore, the official assignee cannot maintain the appeal filed by debtor before insolvency for the benefit of the insolvent ..... in the present case, the adjudication was under the provisions of the presidency towns insolvency act. ..... the provincial insolvency act, a suit or appeal which the receiver is required to continue is one relating to the property of the insolvent and therefore an appeal which relates to a money decree passed against file insolvent does not amount to a legal proceeding relating to the property of the insolvent and if the receiver declines to continue the appeal, the insolvent appellant is entitled ..... debt under the insolvency act includes a decree debt ..... very much use in referring to english law on the subject, because the provincial insolvency act has codified and crystallized the law which we have to administer on the subject and we have not been referred to any corresponding, section in the english act. ..... terms an at the time of the final hearing of the appeals a preliminary objection was taken that under the provincial insolvency act, it is incompetent for the official receiver to prosecute an appeal which merely related to a claim for damages and did not affect any property of the insolvent. ..... stated thus: 'thus we find that where a decree is passed without the receiver being made a party, it is open to him to contest the validity of that decree in proper proceedings under the insolvency act. .....