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Miller Vs. Phuchand and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All340
AppellantMiller
RespondentPhuchand and ors.
Excerpt:
statute 11 and 12 vic., clause 21, section 24--insolvent--voluntary transfer. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment..........bankruptcy of the insolvents having become known, urged the latter to make over a part of their stock-in-trade as security for the debt, and to this, the insolvents consented. now, was this a voluntary transfer? because if it were, it is void under section 24 of 11 and 12 vic, c. 21. all that appears is that on the 11th march security was demanded from the insolvents. there was no pressure which could not be resisted. there were no legal proceedings against the insolvents existing, nor could they have feared any, as they must have known that on the following day they would stop payment. under these circumstances, we are of opinion that the transfer was a voluntary one.
Judgment:

W. Comer Petheram, C.J.

1. We think that this appeal must be dismissed. The question is, whether a transaction between certain insolvents, or persons who shortly afterwards were adjudicated insolvents, and one of their creditors, is void. The answer to this question depends on what are the proper inferences to be drawn from the facts. The facts are, that on the 12th March the insolvents suspended payment. On the night of the previous day, the 11th March, the creditor, the impending bankruptcy of the insolvents having become known, urged the latter to make over a part of their stock-in-trade as security for the debt, and to this, the insolvents consented. Now, was this a voluntary transfer? because if it were, it is void under Section 24 of 11 and 12 Vic, c. 21. All that appears is that on the 11th March security was demanded from the insolvents. There was no pressure which could not be resisted. There were no legal proceedings against the insolvents existing, nor could they have feared any, as they must have known that on the following day they would stop payment. Under these circumstances, we are of opinion that the transfer was a voluntary one.


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