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    Insolvency Petition

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    Ashlesha Galgale
    The document summarizes the powers and jurisdiction of insolvency courts in India according to the Provincial Insolvency Act of 1920. It outlines the court's jurisdiction over insolvency cases and its general powers to decide questions arising in insolvency proceedings. It also lists some specific powers like annulling adjudications of insolvency or readjudging a debtor as insolvent. The document concludes with brief summaries of two important case laws related to the court's jurisdiction and its ability to try questions of title under the Insolvency Act.

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    Insolvency Petition

    Uploaded by

    Ashlesha Galgale
    280 views7 pages
    The document summarizes the powers and jurisdiction of insolvency courts in India according to the Provincial Insolvency Act of 1920. It outlines the court's jurisdiction over insolvency cases and its general powers to decide questions arising in insolvency proceedings. It also lists some specific powers like annulling adjudications of insolvency or readjudging a debtor as insolvent. The document concludes with brief summaries of two important case laws related to the court's jurisdiction and its ability to try questions of title under the Insolvency Act.

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    The document summarizes the powers and jurisdiction of insolvency courts in India according to the Provincial Insolvency Act of 1920. It outlines the court's jurisdiction over insolvency cases and its general powers to decide questions arising in insolvency proceedings. It also lists some specific powers like annulling adjudications of insolvency or readjudging a debtor as insolvent. The document concludes with brief summaries of two important case laws related to the court's jurisdiction and its ability to try questions of title under the Insolvency Act.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    280 views7 pages

    Insolvency Petition

    Uploaded by

    Ashlesha Galgale
    The document summarizes the powers and jurisdiction of insolvency courts in India according to the Provincial Insolvency Act of 1920. It outlines the court's jurisdiction over insolvency cases and its general powers to decide questions arising in insolvency proceedings. It also lists some specific powers like annulling adjudications of insolvency or readjudging a debtor as insolvent. The document concludes with brief summaries of two important case laws related to the court's jurisdiction and its ability to try questions of title under the Insolvency Act.

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    POWERS AND JURISDICTION OF INSOLVENCY COURT

    Submitted to: Mr. Devang Kumar Chhtrapati


    Presented by: Ashlesha Galgale (07BAL015)

    The Provincial Insolvency Act, 1920


    JURISDICTION

    Section 3 Insolvency jurisdiction

    Section 11 Court to which petition shall be presented.

    Section 68 Appeal to Court against receiver.

    POWERS

    Section4 Section 5

    Power of Court to decide all questions arising in insolvency General powers of Courts

    35. Power to annul adjudication of insolvency 59A. Power to require information regarding insolvent' s property 36. Power to cancel one of concurrent orders of adjudication

    OTHER POWERS

    58. Powers of Court if no receiver appointed

    40. Power to readjudge debtor insolvent

    IMPORTANT CASE LAWS Hans Raj vs Rattan Chand, Etc 1967 SCR (3) 36
    A person complaining of the act of the receiver may either apply under 68 or proceed under the ordinary law of the land. Section 4 does not prescribe any application for relief under that section. Its object is to define the limit of jurisdiction of the courts exercising powers in insolvency. A question as to whether an insolvent has any interest in the property attached by the receiver would fall within the purview of s. 4, but the application for the adjudication of such a question when the receiver acts otherwise than under the order of a court would be covered by s. 68 and as such the period of limitation of twenty-one days would be attracted to any such application. Sub-s. (1) and sub-s. (2) of s. 4 both start with the phrase "subject to the provisions of this Act" and even if it. was possible to construe that s. 4 envisaged the making of an application for relief, such application would be subject to s. 68 of the Act.

    Joharilal Soni v Smt. Bhanwari Bai 1978 SCR (1) 231

    Whether an insolvency Court can try a question of title raised on the basis of a transfer which took place more than two years prior to the adjudication, having regard to the provisions of s. 53, Insolvency Act ? 4 of the Act empowers the Insolvency Court to decide all questions whether of title or of priority or of any nature whatsoever which may arise in any case of insolvency. The said provision is, however, subject to the other provisions of the Act.

    THANK YOU

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