cover image: Tagore Law Lectures  1897  Law Relating to Receivers

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Tagore Law Lectures 1897 Law Relating to Receivers

1927

Act VIII of 1865. (2) A receiver can only be properly granted for the purpose of getting in and securing, funds which the Court at the hearing, or in the course of the cause, will have the means of distributing among the persons entitled to those funds. (3) The receiver appointed in a particular suit is nothing more than the hand of the Court, so to speak„ for the purpose of holding the property. of [...] The position of a receiver is analogous to that of a curator appointed under Act XIX of 1841 who is a person claiming to be entitled to the 'effects of the deceased person whose estate he is appointed to manage. (4) The possession of the receiver is simply the possession of the Court. [...] It is the possession of the Court and he is totally devoid of any interest in the property. (3) He is in the position of a stake-holder who has custody of the property for the benefit of the true owner. (4) The general objects sought by the appointment of a receiver may be described to be to provide for the safety of property pending(5) a litigation and until the hearing of the cause or dur- ing the [...] The effect of such possession by the receiver is to destroy the adverse possession, if any, of either of the parties. (6) The rereiver is ordinarily not the representative or agent of either party to a suit in the administration of the trust but the appointment is for the benefit of all parties and (1) Kerr, 307 ; as to the position and lien of consignees, see Moran v. Mittu, 2 C. 58 ; Eastern Mor [...] (1) The land, the subject of the deed, was situated out of Calcutta, but all the parties to the suit resided within the local limits of the High Court's jurisdiction ; (2) it was held that, as the parties have no personal beneficial interest in the settled. property, the suit was not one for land" within the terms of the Charter, and that the Court had accordingly jurisdiction to entertain it, and
law
Pages
351
Published in
India
SARF Document ID
sarf.100014
Segment Pages Author Actions
Cover
i-i John Woodroffe view
Frontmatter
v-xv John Woodroffe view
Chapter I. General Features of the Jurisdiction
1-37 John Woodroffe view
Chapter II. The Appointment
38-88 John Woodroffe view
Chapter III. Receivers of Property the Subject of Suit
89-159 John Woodroffe view
Chapter IV. Receivers of Property under Attachment
160-186 John Woodroffe view
Chapter V. Rights and Powers : Duties and Liabilities of a Receiver
187-255 John Woodroffe view
Chapter VI. Removal of Receiver and Discharge or Recever and Sureties
256-276 John Woodroffe view
Appendices
277-316 John Woodroffe view
Index
317-337 John Woodroffe view
Abbreviations
338-338 John Woodroffe view
Addenda
338-338 John Woodroffe view

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