Section 53 - Year 1925 - Judgments

Dec 07 1925 (PC)

T.R. Ramaswami Aiyangar Vs. the Official Receiver of Coimbatore

Court: Chennai

Decided on: Dec-07-1925

Reported in: AIR1926Mad672

..... court setting aside a mortgage in favour of the appellant under section 53 of the provincial insolvency act on a petition by a ..... 1908 35 c 1051 the general principle applicable to cases under section 53 of the provincial insolvency act i think is this the ..... is supported by consideration and in this connection some decisions under section 53 of the transfer of property act dealing with transfers made .....

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Sep 25 1925 (PC)

Solai Pillai Vs. A. Vedaji Baskara Tirumala Rao Sahib

Court: Chennai

Decided on: Sep-25-1925

Reported in: AIR1926Mad756; 95Ind.Cas.250

..... seems to ma confining myself to the provisions of ch vi and section 53 that all that a landlord has to do to justify proceedings ..... and that those proceedings are controlled by the conditions set out in section 53 1 this suit is one under that chapter there is no doubt ..... summary remedies such as distress that will account for the insertion of section 53 2 which is not to be found in the old rent .....

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Dec 16 1925 (PC)

Official Receiver of South Kanara Vs. Bastiao Souza and ors.

Court: Chennai

Decided on: Dec-16-1925

Reported in: AIR1926Mad836; 95Ind.Cas.300

..... prevent the creditors and therefore the official receiver from proceeding under section 53 of the transfer of property act if they wish and the ..... fact that they have another remedy under section 53 of the provincial insolvency act does not deprive them of their ..... right of suit under section 53 of the transfer of property act 2 the appeal must be .....

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Feb 02 1925 (PC)

S.A. Muhammad Yakub Sahib Vs. Mahaboo Bi Bi and anr.

Court: Chennai

Decided on: Feb-02-1925

Reported in: 94Ind.Cas.756

..... and b that ex g is voidable and should be avoided under section 53 of the transfer of property act 2 defendant no 1 has ..... and further that ex g did not offend against the provisions of section 53 of the transfer of property act hence this appeal by plaintiff 4 ..... his execution proceedings in my opinion it falls within the mischief of section 53 transfer of property act and should be set aside 9 the .....

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Apr 28 1925 (PC)

Basanti Bai Vs. Nanhe Mal and ors.

Court: Allahabad

Decided on: Apr-28-1925

Reported in: AIR1926All29

..... report of the official receiver in connexion with an enquiry under section 53 or 54 of the insolvency act is not by itself legal ..... insolvency act no such provision however is to be found in sections 53 and 54 we must therefore hold that the report of the ..... supplementary evidence in the first instance if she is so advised section 53 of the provincial insolvency act provides that any transfer of property .....

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Jul 22 1925 (PC)

R. Bhunjanga Rao Vs. Periyathambi Goundan and ors.

Court: Chennai

Decided on: Jul-22-1925

Reported in: 92Ind.Cas.1047

..... more argument necessary to show that the defendant was not acting under section 53 of the estates land act and that he was not allowed ..... the sale notices should be held valid to that extent vide section 53 clause 2 the point was raised before the district judge by ..... position of the appellant more difficult the suit was brought under section 112 of the estates land act the defendant was described as .....

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Mar 25 1925 (PC)

Rudra Pratap Singh Vs. Sharda Mahesh Prasad Singh

Court: Allahabad

Decided on: Mar-25-1925

Reported in: AIR1925All471

..... his judgment debtor that controversy has now been set at rest by the inclusion of section 53 in the new code which provides that for the purpose of execution property in the .....

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Oct 27 1925 (PC)

Ponnammai Ammal Vs. the District Official Receiver and anr.

Court: Chennai

Decided on: Oct-27-1925

Reported in: (1926)51MLJ228

..... these documents therefore must also stand 4 a legal point as to the scope of section 53 provincial insolvency act of 1920 has been taken before us viz that under it the ..... liberty to attack a transfer from a transferee of the insolvent the language of the section favours this view since it is the transferor who is the insolvent this view is .....

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Oct 27 1925 (PC)

Ponnammai Ammal Vs. District Official Receiver and anr.

Court: Chennai

Decided on: Oct-27-1925

Reported in: AIR1927Mad58; 97Ind.Cas.918

..... the question of fact the judgment proceeded a legal point as to the scope of section 53 provincial insolvency act of 1920 has been taken before us viz that under it the ..... liberty to attack a transfer from a transferee of the insolvent the language of the section favours this view since it is the transferrer who is the insolvent this view is .....

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Nov 20 1925 (PC)

Rajani Kanta Das Gupta and ors. Vs. Abani Kanta Das Gupta and Suresh C ...

Court: Kolkata

Decided on: Nov-20-1925

Reported in: AIR1926Cal850,94Ind.Cas.33

..... is an error resulting from a confusion between the principle embodied in section 53 of the transfer of property act and the principle on which ..... into effect appears to have been recognized by the legislature in section 84 of the indian trusts act ii of 1882 which runs ..... j 17 i agree transfer of property act iv of 1882 section 43 benami transaction onus of proof fraud delay intention to delay .....

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