Official Receivers - Law Dictionary Search Results
Home Dictionary Name: official receiversOfficial receivers
Official receivers, officers appointed by the Board of Trade under s. 66 of the (English) Bankruptcy Act, 1883, to act as interim receivers and managers of bankrupts' estates, pending the appointment of trustees in bankruptcy: see now Bankruptcy Act, 1914, ss. 70 et seq. The report of an official receiver is absolutely privileged, Bottomley v. Brougham, (1908) 1 KB 584; Burr v. Smith, (1909) 2 KB 306. As to the official receiver becoming provisional liquidator on the making of a winding-uporder, see Companies Act, 1929, s. 185, and LIQUIDATOR...
Receiving order
Receiving order. An order of the court on the petition of a creditor, or of the debtor himself, granted for the protection of the estate on an act of bankruptcy being established. The order con-stitutes the official receiver the receiver of the debtor's property. Legal proceedings against the person or property of the debtor in respect of debts provable in bankruptcy can thenceforth be restrained by the official receiver. The effect of the order is that unless a scheme or composition is accepted by the creditors the debtor is adjudged bankrupt. See (English) Bankruptcy Act, 1914, ss. 3, 7, 37 (2), 107(4), and (English) Bankruptcy Rules, 1915, rr. 179-188A. Receiving orders in bankruptcy, whether or not known to affect land, must be registered at the Land Registry every five years or else the title of the trustee in bankruptcy will be void against a purchaser of a legal estate in good faith for money or money's worth without notice of an available act of bankruptcy under a conveyance ma...
Official assignees
Official assignees, certain persons from the class of merchants or accountants who were appointed by the Lord Chancellor under the Bankruptcy Acts, 1849 and 1861, to act in bankruptcies; one of whom must have been an assignee of the bankrupt's estate and effects, together with the assignee or assignees chosen by the creditors. All the personal estate, the profits of the realty, and the proceeds of all such estates as were sold were received by such official assignees alone, and paid into the Bank of England to the credit of the Accountant in Bankruptcy. these officials cease to exist under the system of bank-ruptcy introduced in 1869 but the 'Official Receivers' established by the Act of 1883 greatly resemble them....
Receiver
Receiver, is a person appointed for the collection or protection of property. He is appointed either by the court or out of court by individuals or corporations, Halsbury's Laws of England, 4th Edn., Vol. 39, p. 403, pp. 801.Receiver. (1) An officer appointed by the court to collect rents, etc., pending a suit. Receivers are appointed in actions for administration; in actions by mortgages or against trustees or executors; in actions between partners for winding up the partnership business, and in a great many other cases. (2) A mortgagee may also appoint a receiver of the mortgaged property, if empowered so to do by the mortgage deed or by separate instrument, without having to apply to the court; and by s.19 of the (English) Conveyancing Act, 1881, reproduced and extended to mortgages of certain incorporated hereditaments, such as rentcharges or annual income, by the (English) Law of Property Act, 1925, s. 101, in the case of a mortgage executed on or after the 1st January, 1882, the ...
Liquidator
Liquidator. A person appointed to conduct the winding-up of a company under the (English) Companies Act, 1929. Liquidators are of three kinds:--(1) Appointed by the court in a winding-up by the Court. pending appointment the Official Receiver in Bankruptcy is to act as Official Receiver and Liquidator in the winding-up (s. 185). By s. 186, in England, liquidators other than the Official Receiver must provide security to the satisfaction of the Board of Trade. His duties comprise the collection of the company's property, and this property or any part of it may vest in him on his application. He may bring or defend actions relating to that property in his own official name (s. 190). Powers which he may exercise subject to the sanction of the court or a Committee of Inspection are setout in s. 191(1); sub-s. (2) of that section gives a list of powers for which such sanction is not required. The duties of a liquidator are to collect, administer, and distribute the assets, having regard to ...
Official secrets
Official secrets. The (English) Official Secrets Act, 1889, was the first Act aimed at the prevention of the disclosure of official secrets. This Act was repealed and re-enacted with amendments by the (English) Official Secrets Act, 1911, which has been amended by the (English) Official Secrets Act, 1920. It is made an offence to spy in a 'prohibited place,' or wrongfully to communicate codes, plans, models, documents, or information relating to such a place, or to munitions of war, or which are used in such a place. There are special provisions as to arrest, the harbouring of spies, and the issue of search warrants. A Secretary of State may require the production of any document relating to a telegram or cable or wireless message. Every person who carries on the business of receiving letters, postal packets, or telegrams for other persons must be registered with the police and keep a record of the letters, etc., passing through his hands, and must not give up a letter, etc., unless a ...
Pay
Pay, means amount drawn monthly by a govern-ment servant as the pay which has been sanctioned for a post held by him substantially or in an officiating capacity, or to which he is entitled by reason due to his position in a cadre, Gangadhar Uppadhaya v. State of Uttar Pradesh, (1990) 1 UPLBEC 542.Means to pay money is to be distinguished from delivering property. It is a phraseology ordinarily used when speaking of the payment of a debt. To pay money is to pay it in respect of a right which some person has to receive it not to pay over any particular money or hand over in foreign coins, Miller, Ex parte Official Receiver (in re:), (1983) 1 QB 327....
officious intermeddler
officious intermeddler : one who unnecessarily meddles in the affairs of another and then seeks restitution or compensation for the beneficial results but who is barred from receiving it ...
Arrangements between debtors and creditors
Arrangements between debtors and creditors. The 125th and 126th sections of the (English) Bankruptcy Act, 1869, which repealed an Act of 1861, allowed liquidation by arrangement and composition with creditors by resolutions passed at similar representative meetings to take the place of proceedings in bankruptcy. The (English) Bankruptcy Act, 1883, having repealed the Act of 1869 without re-enacting these clauses, arrangements with creditors outside the law of bankruptcy became common, and in order to legalize and regulate these arrangements, the (English) Deeds of Arrangement Act, 1887, was passed and amended in 1890 by 53 & 54 Vict. c. 24. The law has now been consolidated by the (English) Deeds of Arrangement Act, 1914 (4 & 5 Geo. 5, c. 47), which repeals the Act of 1887, and also parts of the Bankruptcy and (English) Deeds of Arrangement Act, 1913, and contains practically the whole statute law on the subject. The Act is divided into five parts: (1) defining the deeds of arrangement...
Owelty
Owelty, equality, Co. Litt. 169.The suit property, being incapable of division in specie, there is no alternative but to resort to the process owelty, according to which, the rights and interests of the parties in the property will be separated, only by allowing one of them to retain the whole of the suit property on payment of just compensation to the other, Badri Narain Prasad Choudhary v. Nil Ratan Sarkar, (1978) 3 SCC 30: AIR 1978 SC 845, See also T.S. Swaminatha v. Official Receiver, AIR 1957 SC 577: 1957 SCR 775....
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