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Insolvency Law for Students

1931

The amount of the ground rent for the Colaba property the arrears of the rent due to the landlord for the Hornby Road office and the pay of one clerk and two servants were first paid off to the extent provided by sec. [...] Under the Presidency-Towns Insolvency Act it must be proved that (1) the debtor is at the time of presentation of the insolvency petition imprisoned in execution of a money decree in a civil prison or (2) the debtor within a year before the date of the presentation of the insolvency petition has ordinarily resided or had a dwelling-house or has carried on business either in person or through [...] 53 of the Transfer of Property Act 1882 the relevant words of which are as follows :--- Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor is voidable at the option of any person so defeated or delayed.' Preliminary to discussing the nature of the transfers contemplated by the above clause it should be observed that such a transfer may alw [...] e. the creditor) with funds to meet the hundis would as a matter of law be voluntary within the meaning of the Insolvent Act but the transaction was out of the ordinary course of business and there was no satisfactory explanation of the delay in making the entry of it in the defedant's books. [...] Looking at this part of the transaction alone there is strong prima facie ground for thinking that it was done with the view of preferring the defendant." If it is shown that the debtor has been pressed then a payment by the debtor to the creditor is not a fraudulent preference unless indeed the desire to prefer was the 'dominant view operating on the mind of the person who made the 'payment
law
Pages
250
Published in
India
SARF Document ID
sarf.145405
Segment Pages Author Actions
Cover
i-ii K.S. Shavaksha view
Preface
i-iv K.S. Shavaksha view
Chapter I. An Insolvency Case
1-7 K.S. Shavaksha view
Chapter II. Insolvency Legislation
8-9 K.S. Shavaksha view
Chapter III. Who may be adjudged insolvents
10-12 K.S. Shavaksha view
Chapter IV. Disqualifications of Insolvent
13-13 K.S. Shavaksha view
Chapter V. Jurisdiction
14-16 K.S. Shavaksha view
Chapter VI. Conditions precedent to adjudication
17-18 K.S. Shavaksha view
Chapter VII. Acts of Insolvency
19-29 K.S. Shavaksha view
Chapter VIII. Act of insolvency through Agent
30-32 K.S. Shavaksha view
Chapter IX. Petitions and Interim Receivers
33-37 K.S. Shavaksha view
Chapter X. Order of Adjudication
38-38 K.S. Shavaksha view
Chapter XI. Effect of Adjudication
39-41 K.S. Shavaksha view
Chapter XII. Execution Proceedings
42-43 K.S. Shavaksha view
Chapter XIII. Protection Order
44-46 K.S. Shavaksha view
Chapter XIV. Property of Insolvent
47-48 K.S. Shavaksha view
Chapter XV. Reputed Ownership
49-52 K.S. Shavaksha view
Chapter XVI. Insolvent’s Schedule
53-54 K.S. Shavaksha view
Chapter XVII. Disclaimer of onerous Property
55-58 K.S. Shavaksha view
Chapter XVIII. Mutual dealings and set off
59-59 K.S. Shavaksha view
Chapter XVIII A. Protected Transactions
60-60 K.S. Shavaksha view
Chapter XIX. Voluntary Transfers
61-63 K.S. Shavaksha view
Chapter XX. The Doctrine of Relation-Back and Protected Transactions
64-66 K.S. Shavaksha view
Chapter XXI. Suits by or Against Official Assignee or Receiver
67-69 K.S. Shavaksha view
Chapter XXII. Duties of Debtor
70-72 K.S. Shavaksha view
Chapter XXIII. Realization of Property
73-74 K.S. Shavaksha view
Chapter XXIV. Bona fide purchasers for value
75-76 K.S. Shavaksha view
Chapter XXV. Public Examination of Insolvent
77-79 K.S. Shavaksha view
Chapter XXV-A. Private Examination
80-81 K.S. Shavaksha view
Chapter XXVI. Meeting of creditors
82-82 K.S. Shavaksha view
Chapter XXVII. Committee of Inspection
83-83 K.S. Shavaksha view
Chapter XXVIII. Partners and Partnerships
84-87 K.S. Shavaksha view
Chapter XXIX. Debts provable in insolvency
88-90 K.S. Shavaksha view
Chapter XXX. Proof of debts
91-94 K.S. Shavaksha view
Chapter XXXI. Secured Creditors
95-97 K.S. Shavaksha view
Chapter XXXII. Priority of debts
98-101 K.S. Shavaksha view
Chapter XXXIII. Composition
102-104 K.S. Shavaksha view
Chapter XXXIV. Annulment of adjudication
105-106 K.S. Shavaksha view
Chapter XXXV. Dividend
107-111 K.S. Shavaksha view
Chapter XXXVI. Discharge of Inssolvent
112-119 K.S. Shavaksha view
Chapter XXXVII. Penalties
120-123 K.S. Shavaksha view
Chapter XXXVIII. Estate of person dying in insolvent circumstances
124-126 K.S. Shavaksha view
Chapter XXXIX. Small Insolvencies
127-129 K.S. Shavaksha view
Chapter XXXX. Appeals
130-132 K.S. Shavaksha view
Chapter XLI. Appeals froth orders of Court
133-135 K.S. Shavaksha view
Chapter XLII. Limitation
136-i K.S. Shavaksha view
Chapter XLIII. Courts to be Auxiliary to each other
i-i K.S. Shavaksha view
Presidency-Towns Insolvency Act 1909
137-139 K.S. Shavaksha view
The Presidency-Towns Insolvency Act 1909
140-198 K.S. Shavaksha view
Provincial Insolvency Act 1920
199-200 K.S. Shavaksha view
Provincial Insolvency Act 1907
201-238 K.S. Shavaksha view
Index
i-i K.S. Shavaksha view
Backmatter
i-iii K.S. Shavaksha view

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