Receiver - Law Dictionary Search Results
Home Dictionary Name: receiverReceiver
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 ...
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...
receivable
receivable 1 : capable of being received 2 : subject to call for payment [notes ] see also account receivable receivable n ...
Money had and received
Money had and received. When a person receives money which in justice and equity belongs to another, as a rule a debt is created and the money can be recovered by an action for 'money had and received to the use of the plaintiff', See Moses v. Macferlan, (1760) 2 Burr 1005; Marriott v. Hampton, (1797) 7 TR 269; 2 Sm. L.C. (11th Edn.) 421. But the action cannot now be extended beyond the principles illustrated in the decided cases, see Sinclair v. Brougham, 1914 AC 453, per Lord Sumner, where the true nature of the action is discussed. The cause of action arises when the money is received and not earlier, see Bowling v. Cox, 1926 AC 751 (754)....
Official 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...
accounts receivable
accounts receivable Money due from your customers. Your accounts receivable balance equals the dollar amount of sales that you have made to your customers on credit terms but that have not yet been paid. The accounts receivable balance is an asset of your company. ...
Broadcast Television Receiver Sets
Broadcast Television Receiver Sets, words 'Broad-cast Television Receiver Sets' under Notification No. 68/86 of Central Excises and Salt Act- Do not include Projection Television receiver sets, CCE v. Fusebase Eltoto, AIR 1994 SC 1289. [Central Excise and Salt Act, (1 of 1944) Notification No. 68/86]...
Deemed to received
Deemed to received, the expression 'deemed to be received' in, s. 4(a)(1) of the Income-tax Act, 1922 only means deemed by the provisions of the Act to be received, Keshao Mills Ltd. v. C.I.T., AIR 1953 SC 167 (191): (1953) SCR 950. [Income-tax Act, 1922, s. 4(1)(a)]See also Indermani Jatia v. C.I.T., AIR 1959 SC 82....
Receiver of stolen property
Receiver of stolen property. Punishable under the (English) Larceny Act, 1916, s. 33. The offence consists in receiving any property knowing the same to have been stolen or obtained in any way whatsoever under circumstances which amount to felony or misdemeanour. It matters not whether the principal thief has been prosecuted. Whether the offence is a felony or misdemeanour depends on which the original stealing, etc., was. Section 43 provides that, on a prosecution of a person for receiving stolen property knowing it to have been stolen or for being in possession thereof, there may be given in evidence for the purpose of proving guilty knowledge: (a) The fact that other property stolen within the period of twelve months preced-ing the date of the offence charged was found or had been in his possession; (b) the fact that within five years preceding the date of the offence charged he was convicted of an offence involving fraud or dishonesty. Before the prosecution can prove (c) a seven d...
Right to receive
Right to receive, the sums secured will accrue, not when the charge is granted, but when the future event occurs. Thus, in the case of a conventional mortgage, the charge is immediately effective but the right to receive the sum secured does not accrue until the legal redemption date has passed. Similarly, there is no inconsistency between having a right to enforce a charge by sale at a time when there is only a deferred right to receive the proceeds. Such a right is sufficient to confer on the creditor the necessary interest enabling him to apply for and obtain an order for sale and such an order, if made, will remove the element of deferral, See English Insolvency Act, 1986 (c 45), s. 313; (English) Limitation Act, 1980, s. 20(1), Gotham v. Doodes, (2007) 1 WLR 86 CA....
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