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Showing posts with label
insolvency petition
.
Show all posts
Showing posts with label
insolvency petition
.
Show all posts
Thursday, 19 November 2020
Whether the court can restore insolvency petition dismissed in default on the application of one of the creditors?
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The learned Assistant Judge considered that the petitioning creditor sues on behalf of the general body of creditors and, therefore, in a ...
Sunday, 19 March 2017
Whether insolvency petition is maintainable if debt is denied by debtor?
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This contention of Mr. Bhandari that if the debt is denied by the debtor then no petition would be maintainable under Section 9 of the Ac...
Whether insolvency petition can be filed if decree is not for payment of money?
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Civil - Validity of sale - Whether sale of property in execution of decree would fall within meaning of Section 6(e) of Provincial Insol...
Whether insolvency petition abate on death of debtor?
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The scheme of the Act shows that the proceedings in the insolvency are really in rem and ensure for the benefit of all the creditors of the...
Whether creditor can make single insolvency petition for adjudicating two or more person as insolvents?
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After giving the matter my careful consideration I am of opinion that there is no legal bar to a single application being made by a cre...
Sunday, 26 February 2017
Whether legal heirs of deceased creditor can start execution proceeding without obtaining succession certificate?
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Hence, the heirs of the deceased creditor cannot start execution proceedings in respect of a decree obtained by the deceased creditor with...
Friday, 12 August 2016
Whether debtor can initiate insolvency petition against creditor bank?
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The question is whether the bank can claim exemption from insolvency proceedings under Section 8 of the Act. Any company registered under ...
Sunday, 24 July 2016
Whether Insolvency Court can investigate question of title?
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On the question as to whether the Insolvency Court could investigate the question of title, Mr. Doctor has placed reliance on the decisio...
Procedure to be followed by court when insolvency petition is filed
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(i) It is not obligatory for the Insolvency Court, to hear a debtor while admitting the insolvency petition filed by creditor and direct...
Monday, 20 May 2013
Whether accused can avoid prosecution for dishonour of cheque by filing insolvency petition?
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In these circumstances, the drawer cannot escape from the criminal liability merely by filing an insolvency petition by putting forwar...
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