Rangiah Chettiar Vs Annaswamy Alwar Ayyangar

Madras High Court 6 Sep 1923 79 Ind. Cas. 408 : (1923) 18 LW 836
Bench: Single Bench

Judgement Snapshot

Hon'ble Bench

Kumaraswamy Sastri, J

Judgement Text

Translate:

Kumaraswamy Sastri, J.@mdashThe petition was presented when the old Insolvency Act, III of 1907, was in force. Nothing was done except transfering the application to the Official Receiver. After the new Insolvency Act, V of 1920, came into force the adjudication order was passed. It is contended that the provisions of the old Act applied and that all cases filed when Act III of 1907 was in force should be dealt with on the footing that that Act continues to be in force. I do not think that contention is sound. No doubt any order passed under the Act or rights obtained there under will be unaffected by the new Act. I can find no authority for holding that, in spite of passing of Act V of 1920, all proceedings, on petitions filed under Act III of 1907, should continue to be dealt with under the provisions of the old Act.

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