Court : Andhra Pradesh
Reported in : AIR1970AP38
..... in this proceeding itself as if is initiated under section 4 of the provincial insolvency act and that the appellant cannot automatically get the relief of declaration and injunction for the simple reason that no separate petition is brought by the official receivers to avoid the transfer obtained by them.section 4 of the act confers on the insolvency court very wide powers to decide all questions whether of title or priority or of any nature whatsoever and whether involving matters of law or of fact which may arise in any case of insolvency coming within the cognisance of the ..... court or which the court may deem it expedient or necessary to decide ..... it was clearly indicated in this decision that the power of the court under section 4 to decide all questions arising in insolvency is undoubted. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All105; 113Ind.Cas.819
..... their lordships noticed that the indian provincial insolvency act contained no provisions as section 102, english bankruptcy act, which expressly empowered the bankruptcy court to decideall other questions whatsoever whether of law or of fact which may arise in any case of bankruptcy coming within the cognizance of court or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice and making a complete distribution of property in any such case.27. ..... the answer depends upon the interpretation of section 4(1) read with section 53, provincial insolvency act, 1920.51. ..... it is contended on behalf of the respondents that section 4 confers upon the court of insolvency full powers to decide all questions whether of title or priority or of any nature whatsoever and whether involving matters of law or fact, and it is contended that the decisions of the insolvency court are clothed with finality under the express provision of section 4, sub-section (2). ..... as that learned judge pointed out in the case of hari chand rai:prior to act 5 of 1920 when there was no provision corresponding to section 4 of the new act, a bench of this court held that, even if a case did not fall under section 36 of the old act of 1907, the court had power to inquire whether a disputed property was the property of the insolvent or not: bansidhar v. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1989MP187
..... . power of court to decide all questions arising in in insolvency ..... . (1) subject to the provisions of this act, the court shall have full power to decide all questions whether of title or priority, or of any nature whatsoever, and whether involving matters of law or of fact, which may arise in any case of insolvency coming within the cognizance of the court or which the court may deem expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case ..... . while disagreeing with the nagpur decision 61 ind cas 589 : (air 1921 nag 159), they observed : 'in insolvency cases the high court has power to act under the civil procedure code only subject to the provisions of the provincial insolvency act ..... . section 4 confers very vide powers on the insolvency court to decide any question which it may deem expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property ..... . where the other provisions of the act authorise the determination of any question raised, the power given under section 4 cannot be invoked in view of the opening words of the section 'subject to the provisions of this act' (referred : extracts from the provincial insolvency act by sanjiva row 4th edn ..... . it is necessary to refer to the relevant provisions of the provincial insolvency act, 1920 (for short called the act) .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)KarLJ116
..... section 4 of the provincial insolvency act empowers the court to decide all questions arising in insolvency including all questions whether of title or priority, or of any nature whatsoever, and whether involving matters of law or of fact which may arise in any case of insolvency coming within the cognizance of the court. ..... 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 and amendment) act, 1962;provincial insolvency act, 1920 - sections 4, 6, 7, 10, 28, 35, 36, 37 and 60cases .....
Tag this Judgment!Court : Chennai
Reported in : (2001)3MLJ379
..... bhanwari bai, wherein the supreme court construed section 4 of the provincial insolvency act, 1920 and came to the conclusion that the section has been couched in the widest possible terms and conferscomplete and full powers on the insolvency court to decide all questions of title or priority, or of any nature whatsoever, which may arise in the case of insolvency.3. ..... bhanwari bai, had construed section 4 of the provincial insolvency act, which confers not only complete and full powers on the insolvency court to decide all questions of title or priority but also questions of any nature whatsoever, which may arise in case of insolvency. ..... at this stage an application was filed under section 4 and 5 of the provincial insolvency act for directions to the interim receiver toinspect the movables in the premises at no.29, muthuranga mudali street, erode, which was occupied by the insolvent, namely, the first respondent as a tenant and to take an inventory of the same. ..... , 1945 (2) mlj 1 which is an order of a division bench of our court where the learned judges have held,'there is nothing in the provincial insolvency act which prevents the insolvency court from according sanction to an interim receiver to institute suits even against third parties for the vindication of the rights of the debtors in respect of whom an insolvency petition is pending. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2007AP239; 2007(2)ALD677; 2007(2)ALT535
..... consequently, the gift transaction falls within the ambit of section 4 of the act which confers jurisdiction on the insolvency court to decide all questions whether of title or priority. ..... (1) subject to the provisions of this act, the court shall have full power to decide all questions whether of title or priority, or of any nature whatsoever and whether involving matters of law or of fact, which may arise in any case of insolvency coining within the cognizance of the court, or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.8. ..... at the outset, it is relevant to refer to section 4 of the provincial insolvency act, 1920 which reads as follows:4. ..... 25 of 2005 under sections 7 and 10 of the provincial insolvency act, 1920 (for short 'the act'), to adjudicate him as an insolvent. ..... regard to the fact that one of the questions in an insolvency application being that the debtor is unable to pay his debts, could only be ascertained on prima facie view of the fact that the value of the debts of the debtor exceeded his assets and as such he is unable to discharge them and also in view of the fact that the assets of the insolvent vest in the court on making the order of adjudication under section 28(2) of the act, the prescription under section 13(1)(e) of the act is mandatory. .....
Tag this Judgment!Court : Chennai
Reported in : (1931)61MLJ763
..... section 4, clause (1) of act v of 1920 is as follows:subject to the provisions of this act; the court shall have full power to decide all questions whether of title or priority, or of any nature whatsoever, and whether involving matters of law or of fact, which may arise in any case of insolvency coming within the cognizance of the court, or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.4. ..... that being so, it is argued that the insolvency court has no jurisdiction to pass an order on what is called 'a garnishee summons' directing a third party, a stranger to the insolvency proceedings, to make a payment in favour of the official receiver, in reply it is contended by the official receiver that section 4 of the provincial insolvency act gives ample power to the insolvency court to pass an order like the one in question.3. ..... 185, which was a case under the present act, it was held thatunder sections 4, 5 and 56 of the provincial insolvency act (v of 1920) a court of insolvency can inquire into disputed title and order delivery of an insolvent's property to a purchaser thereof from the official receiver removing the obstruction of a third party.12. .....
Tag this Judgment!Court : Chennai
Reported in : (1980)2MLJ455
..... beyond the reach of the creditors.section 7 of the act reads as follows:subject to the provisions of this act, the court shall have full power or to decide all questions of priorities, and all other questions whatsoever, whether of law or fact, which may arise in any case of insolvency coming within the cognizance of the court, or which the court may deem fit, expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.this section is similar to section 4(1) of the provincial insolvency act, 1920, except for the fact that ..... the word 'title' is not found, in section 7 of the act .....
Tag this Judgment!Court : Chennai
Reported in : AIR1933Mad271
..... section 4, clause 1, act 5 of 1920 is as follows:subject to the provisions of this act, the court shall have full power to decide all questions whether of title, or priority, or of any nature whatsoever and whether involving matters of law or of fact, which may arise in any case of insolvency coming within the cognizance of the court, or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.12. ..... it will be seen that this section is very widely worded and gives insolvency courts powers not only to decide all questions of title or priority but all other questions which the courts may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property. ..... district official receiver tinnevelly (4), it was not argued before us whether the validity of the transaction could be questioned under any other provision of the provincial insolvency act. ..... , and i pointed out, basing our judgment on the words of section 53, provincial insolvency act, that it was not open to the official receiver to attack a transfer from the transferee of the insolvent. ..... even in a proceeding under section 53, provincial insolvency act, it was recently held by the privy council in the official assignee, of the estate of cheah soo tuan v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1926All470; 94Ind.Cas.428
..... even prior to act v of 1920, when there was no provision corresponding to section 4 of the new act, a bench of this court held that, even if a case did not fall under section 36 of the old provincial insolvency act, the court had power to enquire whether a disputed property was the property of the insolvent or not: vide bansidhar v. ..... under that section, full power is given to the insolvency court to decide not only all questions of title or priority, but also of any nature whatsoever, whether they involve matters of law or fact, which may arise in any case of insolvency coming within the cognizance of the court or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice. ..... originally the receiver moved the court under section 53 of the provincial insolvency act for the annulment of this lease. ..... the lessee however objected that no such theka could be annulled under section 53 of the provincial insolvency act, inasmuch as it was executed more than two years prior to the application for adjudication. ..... he has held that the theka could not be annulled as a voidable document under section 53 of the provincial insolvency act. ..... a prayer to avoid such voidable documents does not necessarily raise a question of title or of priority mentioned in section 4 of the provincial insolvency act of 1920. .....
Tag this Judgment!