pratik
03 July 2010 at 15:09
Section 7 in The Provincial Insolvency Act, 1920 Which is as follws .
7. Petition and adjudication.- Subject to the conditions specified in this Act, if a debtor commits an act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor, and the Court may on such petition make an order (hereinafter called an order of adjudication) adjudging him an insolvent. Explanation.-- The presentation of a petition by the debtor shall be deemed an act of insolvency within the meaning of this section, and on such petition the Court may make an order of adjudication.
Query : As per Section 7 of P.I. Act. A Joint Hindu Family consists of K, as
Karta, his two sons A and B and his grandson C, a minor, as co-parceners. K takes a loan
for running the business of the J.H.F. The business is being actively managed by K and B.
A is a party to the loan and C ratifies the loan. All of them jointly transfer joint property
of the J.H.F. with the intention to defeat and delay the creditors. D, a creditor, files an
insolvency petition against all of them. Can the court pass an ‘order of adjudication’
against all of them? Can an ‘order of adjudication be passed in the name of J.H.F.?
Anonymous
03 July 2010 at 11:38
Sir,
I won the case in lower court (Trial Court) but it went against me in the High Court. How much time limitation prescribed for appeal in the Supreme Court. In my mind there is confusion regarding time period for appeal.
I will be grateful for your reply.
Thanking you
MSN
amit
02 July 2010 at 22:20
In order 21 rule 58(5) of C.P.C, what does Word "REFUSE TO ENTERTAIN" means?
Is it refuses PRIMA FACIE or on MERITES of case?
Pradip Bhattacharjee
02 July 2010 at 18:22
I have a kancha drain which adjusaent to our neighbour boundary.Only Kitchen (basin) water are out pass through this drain. he claim that this water is damage his boundary wall.and give me an advocate notice to fill the drain or constructed a pucca drain.But the main drain is closed by him. I agree to constructed pucca drain if my neighbour open the main drain and if municipalty give me a permission. He give me a notice to file a civil & crimical case against me . Is it possible
Anonymous
02 July 2010 at 16:21
Learned members,
A person dies under the rear wheel of the bus. In my opinion such person is not entitle to claim the compensation because it does not amounts to rash and negligent driving by the driver. Am I right? if not and yes any citation please post it.
Anonymous
02 July 2010 at 15:23
Dear Sir,
In case if your case of section 138 INA is not maintained in the court for some reason but you have all documents of payments made to party, CAN WE FILE CASE IN CIVIL COURT FOR RECOVERY OF MONEY ?
Anonymous
02 July 2010 at 12:38
Respected Sir,
I have to file a writ against some erring govt. officials, who have acted in corrupt manner and made a false report and an order against me. Three months have passed, but I have filed appeal within time against that order.
What is the time limit to file a writ in the HC in this regard?
Thanks in advance.
Anonymous
02 July 2010 at 10:32
IN DRT CPC is applicable? If so, For production of documents a borrower can move to High Court ? In my case The Applicant Bank is having some Documents for which Defendant never asked for inspection of documents without which the defendant directly filed Writ Petition ? is it maintainable if so under which section of CPC?
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Anti Stay Order
We are three brothers having a common land of 90000 sqft. We have divided within ourselves with mutual counderstanding and did a notary agreement. After some days there was lots of disatisfaction between us and till today the registry is not done. Now i want to construct house in my part of land . But the other party is threatining us that he will not let me to construct the house and do a stay order and also not ready to do the registry works for the legality of documents. In this condition what should i do , is there any law through which i can avoid the stay order if files it on me , i mean any antistay order.
Please reply me........