Supreme Court of India

Rm. Nl. Ramaswami Chettiar and Others. v. The Official Receiver, Ramanathapuram at Madurai & Others

Neutral citation
Reported as [1960] 1 S.C.R. 616
Bench S.K. Das J.
Decided 28 August 1959

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid conclusions arrived at by me, the last two contentions based on payments of instalments do not arise for consideration.

Judgment, page 31

From the headnote

Insolvency--Decree-holder assigning decree-Adjudication as insolvent on ground of assignment being fraudulent preference-Whe­ ther upon adjudication decree vests in Official Receiver-Order annulling assignment-If relates back to date of assignment-Execu­ tion applications made by assignee before annulment order, whether incompetent-Official Receiver making application for execution after annulment order-Limitation- -Whether limitation saved by applications made by assignee-Indian Limitation Act, r908 (V of r908)--Provinciat Insolvency Act r920 (V of r920), ss. 28 and 54. On May 9, 1935, one V

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