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In Re: A.V. Jones and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1940Mad572; (1940)1MLJ533
AppellantIn Re: A.V. Jones and anr.
Excerpt:
- sidney burn, officiating c.j.1. under section 106(1)(a) of the presidency towns insolvency act it is quite clear that where an insolvent's estate has been ordered to be administered in a summary manner, no appeal lies from any order of the court except by leave of the court. the proviso to section 106(1) is concerned solely with the provisions of the act relating to the discharge of the insolvent and has no bearing on the question of appealability of orders passed. in this case no leave has been obtained. this appeal therefore cannot be entertained and it is rejected.
Judgment:

Sidney Burn, Officiating C.J.

1. Under Section 106(1)(a) of the Presidency Towns Insolvency Act it is quite clear that where an insolvent's estate has been ordered to be administered in a summary manner, no appeal lies from any order of the Court except by leave of the Court. The proviso to Section 106(1) is concerned solely with the provisions of the Act relating to the discharge of the insolvent and has no bearing on the question of appealability of orders passed. In this case no leave has been obtained. This appeal therefore cannot be entertained and it is rejected.


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