Digest of Cases Reported in the Bengal Law Reports, Vols. 1-15, and in Supplemental Volume of Full Bench Rulings (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...Insolvent Act, or in the rules of the Court, which prevents the Commissioner from allowing the proceedings to be carried on by tho representative of such deceased party, he being interested in them. In The Matter Op Ram Serak Mlsser; Paltu P. Janki Prasad; Ramzan Ali r. Janki Prasad----vi 119, s. 40--32 4' 33 Vict., c. 11 (Thc Sank ruptcy Act. 1869)--Proof of claim--Breach of contract--Unliquidated damages. A claim for unliquidated damages arising out of a breach INSOLVENT ACT (11 & 12 Vict., c. 21), s.40--continued. of contract, was allowed to be proved in the Insolvent Court under s. 40, Insolvent Act. Semble.--The provisions of the English Bankruptcy Act with regard to such claims apply to India. In The Matter Of Omertolall Daw------xiii Ap. 2 2. Sale of mortgaged property--32 Sf 33 Vict., c. 71 The Bankruptcy Act, 1869)--littles 78 to 81. The insolvents filed their petition on 17th March, 1873, and obtained their final discharge on 2nd September, 1873. After their discharge a creditor, to whom they had mortgaged certain property, made an application for the sale of the mortgaged properties, and the petitioner prayed for an order for an account of what was due on the mortgage, and for a sale under the conduct of the Official Asignee; that he should be at liberty to bid and set-off the amount of the purchase against the sum due to him; that if any other person became the purchaser, the proceeds should be paid to him in liquidation of his debt, and that, after crediting that amount, the applicant might rank as a creditor to the estate for any remaining balance. The Court ordered the sale to be made as prayed in the petition, the Official Assignee to reserve a price on the property, and duly advertise it for sale; if not sold by public...