cover image: The Calcutta Weekly Notes. Monday  May 3  1937

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The Calcutta Weekly Notes. Monday May 3 1937

1937

'['he Company Judge has jurisdiction for the purpose of carrying out the liquidation that is the realisation of the assets of the Copany and the payment of the creditors etc. [...] Rule 1 empowers the Court when it appears to be just and convenient (a) to appoint a rceiver of any property whether before or after a decree (b) to remove any person from the possession or custody of the prperty ; (c) to commit the same to the posession custody or management of the rceiver; and (d) to confer upon the receiver certain powers. [...] In the case of a simple mortgage the prperty is a mere security for payment of the money and the mortgagor is entitled to apropriate the income until the property passes out of his ownership by sale. [...] Therefore although there is no objection to the mere appointment of a receiver of any property in a suit) on a simple mortgage the Court cannot remove from the posses4ion or custody of the property the mortgagor whom the mortgagee has not a present right to rmove. [...] 36 authorising the Court to compel immediae inspection in no way leads to the conclusion that the jurisdiction of the Court to order a copy of the register of members to be given is expressly or impliedly barred.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes. Monday May 3 1937
lxxxix-xcii unknown view

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