Court : Chennai
Reported in : AIR1927Mad1; (1926)51MLJ529
..... section 19 of the provincial insolvency act (iii of 1907) and where a matter is transferred to him under the powers conferred by the act he is an officer who acts not as an agent 6f the district court but as a person who under the act is invested with powers specified therein any more than a court to which a decree is transferred for execution under the provisions of the civil procedure code can be said to be the agent of the court ..... that in cases where after a sale it is sought to rectify any defects in the power of the official receiver it is desirable that notice should go to all the parties interested in the property and their objections should be heard as there mav arise cases where it is undesirable that the court should exercise its discretion when it is passing orders the effect of which would be to validate ..... court under the provincial insolvency act simply vests the property in the official receiver and on such vesting he is under the provisions of the act entitled to deal with the property in the various modes specified in section 20 of act iii of 1907, which corresponds to section 59 of act v of 1920 ..... question was raised but not decided, whether a sale by the official liquidator, in the process of winding up a company, fell within section 2(d) of the transfer of property act, but since the learned judges observe that without the order sanctioning the sale the defendant would have got no title from the official liquidator, linfer that there was a specific order of court .....
Tag this Judgment!Court : Chennai
Reported in : AIR1923Mad641; (1923)45MLJ105
..... the fact that the mortgage deed which was questioned was within two years of the adjudication and the decision could therefore be founded on the express terms of section 36 of the provincial insolvency act, but the observation at page 253 'whether the application is to be regarded as one asking for the removal of the name of bholar mal from the schedule of creditors, or as one falling under the provisions of section 36 of the provincial insolvency act (iii of 1907), the matter was one which required ..... on the general question of the power of the insolvency court to decide claims of or against a third party, the judgments contain some observations and the dictum, especially of seshagiri aiyar j, 'i am of opinion that section 4 declares what has been the law all through,' was strongly pressed upon us, but the observations were not necessary for the determination of the question before the court and the decision cannot be said to be authority either way.14. ..... 136 it was held that the insolvency court had jurisdiction to deal with claims of third parties, but it was a decision undr the provincial insolvency act of 1920.15. ..... i must state at once that, in my opinion, this question does not arise at all in the present case, and that the matter before us can be decided on a ground very different from the one stated.11. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad323; (1929)56MLJ489
..... the questions which arise for consideration are:(1) was leave of the insolvency court under section 16 (2) of the provincial insolvency act of 1907 necessary for the commencement of the suit brought by the 1st respondent to contest the order passed in the appellant's favour allowing his claim to the properties attached by the former as judgment-creditor of the respondents 2 to 4? ..... it may be noted that while section 28 of the new provincial insolvency act (v of 1920) corresponds to section 16 of the old act, section 29, which follows section 10(2) of the bankruptcy act of 1883 has been introduced to allow of a similar order for stay of a suit already begun and pending on the date of adjudication, and in that section the language used is 'pending against the debtor. ..... a court is said to be acting without jurisdiction not only when it has no power or authority to hear and determine the cause at all, but also when in the exercise of its authority to decide, it acts or decides erroneously.32. ..... the plaintiff then in 1920 brought the present suit to declare the decree of the district court void because incompetent. ..... (1920) c. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1927All66
..... section 4, sub-section (i) of the insolvency act gave full power to the court to decide all questions of title or priority or of any nature whatsoever, whether involving matters of law or fact which may arise in the case or which the court may deem it expedient or necessary to decide ..... , and, secondly, that the claim is barred in view of the provisions of section 4 of the insolvency act (5 of 1920).11. ..... 2 of the provincial insolvency act and held that by the order in the insolvency proceedings the claim of the ladies in each case ..... provincial insolvency act, vide ..... district judge took proceedings under section 53 of the provincial insolvency act 5 of 1920. ..... between the receiver and strangers, as distinct from creditors, can come with in the scope of section 4, it is difficult to see how questions of title can be decided by the insolvency court at all. ..... applicable to the case of a stranger to the insolvency proceedings and remarked:if a question of title has been actually raised', by a stranger to the insolvency and decided by the insolvency court, the decision is final and the question cannot be re-opened in a separate regular suit.7 ..... , clear that the present suit is barred by section 4 of the insolvency act. ..... , prima facie no prejudice to the stranger if he prosecutes his resistance in the interest of his property with due attention, in the insolvency court and there is, therefore, prima facie no reason why the decision so arrived at should not bind the stranger. ..... parashare [1920] 44 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad175
..... they observe at page 606:we are content to say that, in our opinion, the district judge had jurisdiction to review his own order because section 5 of the provincial insolvency act v of 1920 gave him, when sitting as an appellate court, the same powers under the code of civil procedure which he would have had if he had been sitting to hear any ordinary appeal.5. ..... section 5 of the provincial insolvency act, act v of 1920, says:subject to the provisions of this act, the court, in regard to proceedings under this act, shall have the same powers and shall follow the same procedure as it has and follows in the exercise of original civil jurisdiction.3 ..... such provision is not specifically enacted in the provincial insolvency act as the insolvency court is invested with jurisdiction which an ordinary civil court has in the exercise of its original jurisdiction.4 ..... , thought that the court had no power to extend the time fixed for an application for discharge by the insolvent and that the provisions of section 43 were obligatory on the court to annul the adjudication if an application was not made within the time ..... 635 the question of the power of review of an insolvency court was not raised ..... 635 case does not decide anything about the power to review an order and the learned district judge was not right in thinking that that decision stood in the way of granting a review.6 ..... it is not necessary to deal with this case in detail as the point raised here did not arise for decision there. ..... 1922 all. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1973()WLN703
..... section 3 relates to insolvency jurisdiction, section 4 is about the power of the court to decide all questions arising in insolvency proceedings and section 5 lays down the general powers of the court. ..... its primary object is to empower such courts to decide all questions whether of title or priority or of any nature whatsoever and whether involving matters of lawor fact which may arise in any case of insolvency coming within the cognizance of the court. ..... 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. ..... mukat behari lal bhargava appearing for the appellant has urged that section 4 of the provincial insolvency act (hereinafter called 'the act') is subject to the other provisions of the act as the opening words of subsections (1) and (2) indicate. ..... it came to be added for the first time in the act of 1920 and sub-section (1) of section 4 is substantially the same as section 105 of the bankruptcy act 1914 of england.6. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1973Mad168
..... section 75 of the provincial insolvency act, 1920, provides that the high court, for the purpose of satisfying itself than an order made in any appeal decided by the district court was according to law, may call for the case and pass such order with respect thereto as ..... on the merits, the third respondent in the main petition (the first petitioner herein) did not file any counter at all and the second petitioner herein (fourth respondent in the main petition) did not question the correctness of the allegations made by the petitioning-creditor about the fourth respondent alienating certain properties. ..... only in accordance with the well accepted principles, as in the case of the power conferred on the appellate court by order 41, rule 33, civil procedure code.if in a revision petition filed by some of the persons who have preferred an appeal to the district court a finding is rendered which would make the adjudication of the order respondents who had not preferred an appeal to the district court incongruous or unsustainable for the reasons given in the revision petition filed by some of ..... question does not arise for respondents 1 and 5 and the legal representatives of the second respondent in the main insolvency petition, who filed an appeal to the district court, and against the order of the district court, a revision petition to this court, contending that respondents 1, 2 and 5 were not partners in the partnership firm and as such they were not liable to be adjudicated as insolvents .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1922All128; 66Ind.Cas.863
..... if i have no title, i have no case and by section 4 of the new provincial insolvency act, v of 1920, the insolvency court is given full power to decide all questions of title. ..... that we should commit ourselves to final opinion as to the scope and meaning of that section, but two things are clear, that is to say, if an insolvency court finds, for example, that serious and difficult questions of mortgages or other securities arise over the debtor's property which it does not deem expedient or necessary to decide itself, but prefers to leave to the contending creditors to fight out in an ordinary civil court, it may, if it has reason to believe that notwithstanding such securities the debtor has ..... an interest, forthwith direct the sale of such interest which would not affect the right of the contending creditors; and secondly, if the court decides to exercise its jurisdiction under sub-section .....
Tag this Judgment!Court : Kerala
Reported in : I(2003)BC209; [2003]113CompCas410(Ker)
..... the court held that it is clear from the provisions of sub-section (6) of section 28 of the provincial insolvency act, 1920 that what is left unimpaired is only the power of the secured creditor to realise or otherwise deal with his security and not the effect of insolvency on the chargeability of interest, which is governed by the provisions of section 48 of the 1920 act and in the case of a company in liquidation by rules 156 and 179 of the companies (court) rules, 1959. ..... of the claim, after adjusting against the said amount the dividends declared as on the date of the declaration of each dividend'.abovementioned rule would indicate that in the event of there being surplus after payment in full of all the claims admitted to proof, creditors whose proofs have been admitted shall be paid interest from the date of the winding up order at the rate not exceeding 4% per annum on the admitted amount of the claim. ..... the court held as follows:'from this what follows is when a suit is instituted in the court of competent jurisdiction with the leave of the court under sub-section (1) and a decree is passed by that court whether on the basis of mortgage or otherwise, it would be binding on the official liquidator and no plea inconsistent with the decree passed against the official liquidator can be raised while deciding the questions of priorities under clause (d) of sub-section (2). ..... it is a case arising under the provincial insolvency act. .....
Tag this Judgment!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 .....
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