Judgment Search Results Home > Cases Phrase: provincial insolvency act 1920 section 4 power of court to decide all questions arising in insolvency Court: kolkata Page 1 of about 35 results (0.135 seconds)

Radha Krishna Thakur and anr. Vs. Official Receiver, Dinesh Chandra Ro ...

Court : Kolkata

Reported in : AIR1932Cal642

..... the full bench, held that section 53, provincial insolvency act, 1920, does not deal with the jurisdiction of the insolvency court but only lays down certain rules of law affecting those transactions which fall within its scope, and that it does not control or restrict the jurisdiction conferred upon the court by section 4 to decide all questions of title. ..... section provides that subject to the provisions of the act,' the insolvency court shall have full power to decide all questions of title' of any nature whatsoever, and whether involving matters of law or fact, which may arise in any case of insolvency coming within the cognizance of the court ..... had interpreted section 4 in these words:the insolvency court has to administer the law under its own procedure and to decide questions arising in insolvency which 'are covered by special provisions of the insolvency act, where for instance a trustee is given higher powers than the ..... present purposes, is as follows : section 72, bankruptcy act, 1869, effected a change in the law as it stood under the earlier act of 1849 and was worded thus:subject to the provisions of this act, every court having jurisdiction in bankruptcy under this act shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, arising in any case of bankruptcy coming within the cognizance of such court, or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice .....

Sankari Debi and ors. Vs. Co-operative Urban Bank and ors.

Court : Kolkata

Reported in : AIR1942Cal584

..... to avoid this conflict, section 4 was introduced in the act of 1920, and the insolvency court has now adequate powers under this section to decide all questions of title or priority, both on facts as well as on law, and such decision is final and conclusive between the debtor or debtor's estate on the one hand and the claimant against him on the other. ..... it cannot also be suggested that the court itself could initiate a proceeding under section 4, provincial insolvency act, and decide a question of title without being moved by anybody to do so. ..... it is argued that the only person competent to start a proceeding under section 4, provincial insolvency act is the receiver, and as the receiver declined to take any action in the present case, the court has no jurisdiction to decide the question of title at the instance of a creditor.3. ..... the provincial insolvency act of 1907 had no provision corresponding to section 4 of the present act, and there was a conflict of authorities as to whether the insolvency court had any power to decide questions of title between the receiver and a stranger to the insolvency, or whether such questions could only be decided by a suit filed in the ordinary tribunal. ..... if a question of title arises between the insolvent's estate on the one hand, and a stranger to the insolvency on the other, it goes without saying that the debtor's estate can be effectually represented by the receiver and by no one else. .....

Nayan Tara Dasi Vs. Sambhu Nath Midhya

Court : Kolkata

Reported in : (1925)ILR52Cal662

..... under section 4 (1) he has the power to decide all questions of title arising in any case of insolvency coming, within the cognizance of the court. ..... regard to the non-observance of the procedure laid down in section 4 of the provincial insolvency act, the learned vakil for the respondent argues that there being enough materials before the learned judge to show the prima facie title of the insolvent, his order was correct. ..... learned judges held that the decision could not be challenged in appeal as it was in conformity with the provisions of section 4 of the provincial insolvency act. ..... the appellants' objection to this order is that under section 4 of the provincial insolvency act v of 1920 the learned judge should have decided the question of title raised by the claimants, and if he did not deem it expedient or necessary to decide any such question he should under section 3 of that act have held that he had reason to believe that the debtor had saleable interest in the property ..... schedule i one of the orders appealable is an order passed under section 4 of the insolvency act relating to decisions of questions of title, priority, etc. ..... appellants argue that their appeal is competent under section 75, clause (2) of the insolvency act. ..... the learned district judge had stated that on an examination of the record and the materials before him he had reason to believe that the insolvent had a saleable interest in the properties claimed, there would have been nothing to say against his order. .....

Nayan Tara Dasi and ors. Vs. Sambhu Nath Midhya

Court : Kolkata

Reported in : AIR1925Cal932

..... under section 4(1) he has the power to decide all questions of bible arising in any case of insolvency coming within the cognisance of the court. ..... regard to the non-observance of the procedure laid down in section 4 of the provincial insolvency act, the learned vakil for the respondent argues that there being enough materials before the learned judge to show the prima facie title of the insolvent, his order was correct. ..... learned judges held that the decision could not be challenged in appeal as it was in conformity with the provisions of section 4 of the provincial insolvency act. ..... the appellants' objection to this order is that under section 4 of the provincial insolvency act v of 1920 the learned judge should have decided the question of title raised by the claimants, and if he did not deem it expedient or necessary to decide any such question he should under section 3 of that act have held that he bad reason to believe that the debtor had saleable interest in the property ..... schedule i, one of the orders appealable is an order passed under section 4 of the insolvency act relating to decisions of questions of title, priority, etc. ..... appellants argue that their appeal is competent under section 75, clause (2) of the insolvency act. ..... the learned district judge had stated that on an examination of the record and the materials before him ha had reason to believe that the insolvent had a saleable interest in the properties claimed, there would have been nothing to say against his order. .....

Fool Kumari Dasi Vs. Khirod Chandra Das Gupta

Court : Kolkata

Reported in : AIR1927Cal474

..... a number of authorities have been cited on behalf of the respondent showing that other courts have also held that section 4 of the provincial insolvency act, 1920, enables the insolvency court to decide questions of title affecting third parties. ..... it is said that if it was intended that all questions of title may be gone into by the insolvency court, then section 53 of the act would be redundant, as section 53 of the transfer of property act, which lays down the general law, would be sufficient. ..... the words are these:subject to the provisions of this act the court shall have full power 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 it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.9. ..... matter having been dealt with by the same officer as a judge of the insolvency court, the appeal in the present case lay to the district judge by reason of the provisions of section 75 of the act, and that again is in conflict with section 5, sub-section (2); in other words, it is urged that if under section 5, sub-section (2) the high court has the same power in this matter as it has in regard to civil suits, then it has direct appellate powers over the subordinate judge, whereas under section 75 only a second appeal is competent. .....

Mahesh Agarwal Vs. Indian Oil Corporation Limited and ors.

Court : Kolkata

Reported in : 2008(3)ARBLR173(Cal),(2008)1CALLT291(HC),2008(2)CHN696; 2008(2)CLJ279

..... power to adjudicate a person as insolvent is contained in the provisions of the presidency-towns insolvency act, 1900 and the provincial insolvency act, 1920 and is conferred on the courts exercising jurisdiction under the said acts ..... as 'arising out of or 'in respect of or 'in connection with' or 'in relation to' or 'in consequence of' or 'concerning' or 'relating to' the contract are of the widest amplitude and content and include even questions as to ..... arbitral tribunal or that since there is a separate clause concerning termination on certain events, the arbitral tribunal cannot decide the dispute concerning termination of the dealership in the event of the breach by the dealer of any of the terms mentioned in the ..... sections 8(1) and 8(2) of the arbitration and conciliation act, 1996 before the court can exercise its powers are:(1) there is an arbitration agreement;(2) a party to the agreement brings an action in the court against the other party;(3) subject-matter of the action is the same as the subject-matter of the arbitration agreement;(4) the other party moves the court ..... final, conclusive and binding on all parties to the agreement subject to the provisions of the arbitration act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and in force shall apply to the arbitration proceedings.the clause 22 runs as under: 'notwithstanding anything hereinabove contained, if the dealer shall be adjudicated an insolvent or being a company shall be .....

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

Court : Kolkata

..... (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 the property of an insolvent p artner. ..... -'partnership' is the relation between persons who have agreed to share the profit of a business carried on by all or any of them acting for all.persons who have entered into partnership with one another are called individually 'partners' and collectively 'a firm' and the name under which their business is carried on is called the 'firm name'.69. ..... if the answer to this question is in the affirmative, the further question the court would be required to answer is whether the writ petition must fail on the ground that the firm of the petitioners is not registered.13. ..... registration of a partnership firm is a must if a proceeding is instituted to enforce a right arising from a contract and, therefore, having regard to the settled law that a decision is an authority for what it actually decides and not for what can logically be deduced therefrom, the said decision does not constitute a binding precedent.9. .....

Damodar Mukherjee and ors. Vs. Bonwarilal Agarwalla and ors.

Court : Kolkata

Reported in : AIR1960Cal469,64CWN89

..... 2 and 3 as insolvents, there could not be any question of seeking leave from the insolvency court under section 28(2) of the provincial insolvency act and of making the recei-ver-in-insolvency a party to the suit and consequently might have further held that it was not necessary to take the leave of the court or to make the receiver a party to the appeal before the patna high court, which was a mere continuation of the suit. ..... in the case reported in air 1931 pat 357, it was decided that the commencement of an execution proceeding was the commencement of a legal proceeding and as such came within the mischief of section 28(2) of the provincial insolvency act. ..... his salary, which would be due to him form his employer, but there was a letter written to his employer by the applicant authorising the former to deduct from his salary bills or other sums due to him, all or any sum of money that the credit society might ask for payment towards the principal or interest of the loan. ..... in that context their lordships observed as follows: 'an appeal undoubtedly arises out of a suit, and may in a sense be regarded as a proceeding in the suit itself, in the same way as an execution proceeding may be so regarded. ..... (ib), here the two things, which are required to constitute appellate jurisdiction, are the existence of the relation of superior and inferior court and the power on the part of the former to review decisions of the latter. .....

Dinesh Chandra Roy Choudhury Vs. Jahan Ali Biswas and ors.

Court : Kolkata

Reported in : AIR1935Cal503,157Ind.Cas.862

..... the learned district judge in the court of appeal below had further come to the conclusion that in view of the provision contained in section 51, sub-section (3), provincial insolvency act, 1920, the operation of section 28, sub-section (2) of the act will be suspended in the case of bona fide purchasers, and protection given to such purchasers.3. ..... this is an appeal by a receiver in insolvency, arising out of an application made by him as the legal representative of the judgment-debtors in whose favour an order of adjudication had been passed under the provincial insolvency act, on 19th september 1932. ..... the courts below have concurrently held, on materials before them, that the decree-holders purchasers were not at all aware of the insolvency proceedings, or of the order of adjudication. ..... for determination of that question, the position of the receiver in insolvency making the application before the court has to be taken into account. ..... there can be no doubt that the property of the judgment-debtor vested in the receiver in insolvency before it was sold in execution; but the fact remains as it has been found by the courts below, that the decree-holders were not at all aware of the insolvency proceedings. ..... it all depends on the purpose and nature of the application made by the receiver, whether he is a representative of the judgment-debtor or not. .....

Madan Lal Jhunjhunwalla Vs. H.H. the Nawab Sayed Reza Ali Khan Bahadur ...

Court : Kolkata

Reported in : AIR1940Cal244

..... the next question that arises is as to the effect of section 5(1), provincial insolvency act, which provides that the court in regard to proceedings under the act shall have the same powers and shall follow the same procedure as it has and follows in the exercise of original civil jurisdiction. ..... counsel for the ruler contends on the other hand that under section 75(1), provincial insolvency act, (central act 5 of 1920) he has a right, as a person aggrieved by the decision on the point of jurisdiction, to appeal against that decision and was under no obligation to appeal only against the final order of adjudication. ..... nor any public property of his state is directly subjected to legal process in these insolvency proceedings, nevertheless there is an indirect attack upon his personal immunity, inasmuch as their effect is that (a) upon the order of adjudication, all the creditors are required to tender proof of their respective debts and (b) upon the order of discharge, the insolvent is released from all debts provable under the insolvency law, subject to certain exceptions which are not relevant here : see sections 33 and 44, provincial insolvency act. ..... 300, which was decided at a time when it was considered that a foreign co-respondent, resident and domiciled abroad, was not subject to the jurisdiction of the divorce court (unless he consented), the court nevertheless directed that notice of the proceedings should be given to him so that he might come in if he so desired. .....