Court : Mumbai
Reported in : AIR1940Bom289; (1940)42BOMLR486
..... was argued, we consider it right to point out that neither section 44 of the indian evidence act nor the decision in ahmedbhoy hubibhay v. vulleebhoy cassumbhoy refers to a transfer of property either as a part of the decree or in carrying out the decree. they refer only to setting aside of a decree. it appears therefore doubtful if those decisions ..... payment before1 the other creditor begins to enforce his remedy. in law there are only two principles under which a transfer of property from a debtor to his creditor can be set aside. they are found in section 53 of the transfer of property act and in the insolvency act. in these circumstances it will require great consideration to uphold the contention of the ..... have any bearing on the question of setting aside a transfer when the transaction is challenged on the grounds contained in section 53 of the transfer of property act. this is all the more so because in the normal course there is nothing in law to prevent a debtor from ..... appears from bhagwant v. kedari i.l.r. (1900) 25 bom. 202that the principles contained in section 53 of the transfer of property act were recognised as applicable not only to presidency towns but in the mofussil even before the transfer of property act was made applicable to this presidency. that decision further shows that a suit which a creditor can file to set .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1915All308; (1915)ILR37All429; 29Ind.Cas.998
..... to be proved against him are:(1) that in the year 1908, at a time when the business which he was conducting was beginning to fail he fraudulently transferred certain property by w ay of gift to his wife and other members of his family, (2) that in the schedule of assets submitted by him along with his ..... application to be declared an insolvent he fraudulently concealed the existence of the property nominally transferred by him, and also the fact that he was the owner of a shop in what is known as the kuli bazar at cawnpore. ..... report could be accepted and acted upon as they have been done in the courts below. i do not gather from the record that either the property purporting to be transferred under the deed of gift of 1908, or the shop in the kuli bazar has been taken possession of by the receiver, as part of ..... hereafter that evidence is forthcoming, such as to justify the insolvency court in taking - possession, either of the shop in the kuli bazar or of the property purporting to be dealt with by the deed of gift of 1908, as assets belonging to nand kishore at the time when he was declared insolvent, and therefore ..... nand kishore's case was that the transfer by way of gift was made in good faith, and that the shop in the kuli bazar has never been his property. the finding against nand kishore, both in the court of first instance and in the district .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1937All686
..... pan a.i.r. 1927 rang 173 a bench of the rangoon high court held that:where an application under section 63, provincial insolvency act, in relation to an alleged fraudulent transfer of property is pending, the court, before annulling the insolvent's order of adjudication for failure to apply for discharge within the appointed time, should issue specific notice of the course ..... approached by one or both of the petitioning creditors. on 8th february 1933 the official receiver informed the court that he had fixed the 14th february for attachment of such property as was free from encumbrance (from the proceeds whereof the cost of setting aside alienations was to be met) and that bohrey shankar lal had deposited rs. 20 as expenses .....Tag this Judgment!
Court : Delhi
Reported in : ILR1976Delhi364
..... , or to himself, or to himself and one or more other living persons and 'to transfer property' is to perform such act.......' section 53 of the act deals with fraudulent transfers of property and would not come into operation unless and until there was a transfer of property and the term 'transfer of property' has been defined for the purposes of the sections including section 53 by s. 5 ..... seen is what is the dominant motive. if it is a mala fide partition with the sole object of delaying or defeating the creditors who have claims against the family property, then it may amount to fraudulent transfer. i may recall that the object of the impugned partition decree is to give each co-sharer his rightful share in the joint hindu family ..... in s. 5, there would be no occasion of considering whether it was a fraudulent transfer of property within the meaning of section 53 of the act. there is a sharp cleavage of judicial opinion on the ..... in terms set out herein above. unless and until there was a transfer of property within the meaning of that definition contained .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1932Bom498; (1932)34BOMLR862
..... a contrary ruling and had held that it would be competent to a creditor to maintain an action in his own right to set aside a fraudulent transfer of property. but when the legislature recently amended the transfer of property act it followed the rulings of this and the calcutta high courts on this point in preference to the rulings of the madras high court ..... , it appears that the ground on which the attachment before judgment was asked was that defendant no. 1 had some time prior to the filing of the suit fraudulently transferred all the joint family properties in which he was interested to his son defendant no. 2. this fact was mentioned to the learned judge by mr. daphtary in his final address. the learned ..... plaintiffs when they amended their plaint at the hearing to have set out their case with regard to the alleged fraudulent transfer by defendant no. 1 of the joint family properties to defendant no. 2 and the onus of proving that the transfer was fraudulent would be upon the plaintiffs.13. the plaintiffs can claim to succeed in this suit if they establish either that ..... upon a presumption which arises under section 53 of the transfer of property act as to when such a transfer may be deemed to be fraudulent. under clause (2) of the old section it is provided that where the effect of any transfer of iminoveable property is to defraud, defeat or delay any creditor and such transfer is made gratuitously or for a grossly inadequate consideration the .....Tag this Judgment!
Court : Kolkata
Reported in : (1890)ILR17Cal209
..... doubt if the entries are fictitious, if the pottah is fictitious, and if the money has not been distributed, there has been concealment of property.'i find, as a fact, that there have been fraudulent transfers of property; that the defence to the suits has been vexatious and frivolous; also that the insolvents have falsified their books. although it appears in certain cases there ..... are committed. i would further notice that the order of the 13th april thus states the second offence: 'and have fraudulently, with the intent of diminishing the sum to be divided among their creditors, transferred or made away with and mortgaged their properties.' that is not a definite finding of a definite offence under the act. it is a compandious finding, and in ..... to defeat the objects of 11 and 12 vic, chap. 21, made false entries in their books of account and have fraudulently, with intent of diminishing the sum to be divided among their creditors, transferred or made away with and mortgaged their properties, and have put their creditors, that is to say, bhagoban chunder roy, bhoyrub chunder roy, juggut chunder roy, suruth chunder ..... section rather closely. that section provides 'and be it enacted that in case it shall appear to any court for the relief of insolvent debtors that any such insolvent has fraudulently, with the intent to conceal the state of his affairs, or to defeat the objects of this act, destroyed or otherwise wilfully prevented or purposely withheld the production of any .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... registration the fact of its cancellation. this would only show that the law is anxious to protect the title to the immovable property from all deceitful encumbrances. should there be a fraudulent transfer or a transfer vitiated by misrepresentation and collusion between two unconcerned persons, does the law expects the true owner to file a suit only under ..... already accepted and recover the price paid.35. what would be the remedy for the person who actually and factually holds a valid title to a property in respect of which a fraudulent transfer was effected by deceitful vendors and vendees or deceitful vendors and genuine vendees, who parted with consideration. the legal maxims 'nemo dat quod non habet ..... also for other debts or claims not transferred to the transferee), but not arrears of interest accrued before the transfer;and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.section 53 of tp act lays down-53. fraudulent transfer:(1) every transfer of immovable property made with intent to defeat or delay ..... is acquired during the subsistence of the contract of transfer. here again 'good faith' comes to the rescue of the transferee buying the property without there being a validly vested title in the transferor. section 53 of tp act speaks about fraudulent transfer. it reads as under.53. fraudulent transfer. - (1) every transfer of immovable property made with intent to defeat or delay the .....Tag this Judgment!
Court : Kerala
..... mere declaration of title, omits to do so." as far as the provisions of transfer of property act are concerned, the three relevant provisions are sections 53, 54 and 55(6)(b). section 53 is concerned with fraudulent transfer which is extracted below:"3. fraudulent transfer.-- (1) every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be ..... the project was taken over by the plot owners. those fraudulent transfers were made to defeat laa nos.472/2013, 63 the claims of the plot owners. not only that ..... be sustained. the vague plea made in the claim statement that fraudulent transfers cannot be acted upon, alone is not sufficient. for easy reading, we extract paragraph 16 of the claim statement filed by claimant no.41 hereinbelow:"6. it is submitted that the company has made several fraudulent transfers of property after the order of the hon'ble state commission and after ..... the transfers are fraudulent and fictitious, the transferees in those cases are not bonafide purchasers. therefore, the hon'ble court may .....Tag this Judgment!
Court : US Supreme Court
..... . 343, cited and affirmed. wood v. carpenter, 101 u. s. 135 , and national bank v. carpenter, 101 u. s. 567 , distinguished. it is competent, as tending to prove a fraudulent transfer of property in contemplation of bankruptcy, to show a prior valid sale from the bankrupt to the same party if it can be connected with evidence tending to show a secret agreement ..... might criminate him, as an indictment was pending against him for a criminal offense under the bankrupt laws, does not so put the assignee on inquiry as to fraudulent transfers of the bankrupt's property as to deprive him of the benefit of the rule respecting the statute of limitations laid down in bailey v. glover, 21 wall. 342, and affirmed in this ..... case. this was an action brought by the assignee of a bankrupt to recover the value of property alleged to have been fraudulently transferred by the bankrupt in violation of the provisions of the bankrupt act. the defendant below resisted the recovery page 111 u. s. 186 on the ground that the ..... boots and shoes, of the value of $45,000, and that on july 20th following, to make effectual the fraudulent transfer, rosenthal agreed that carney should have an equal interest with him in the goods so page 111 u. s. 187 sold and transferred, and accordingly recognized and admitted such interest. the petition also averred that carney, being insolvent and in contemplation of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1951Bom94; (1951)53BOMLR325; ILR1951Bom679
..... : air1950bom247 . in both these cases the question came to be considered with reference to the provisions of section 53, t. p. act, which deals with fraudulent transfers of property, & it was held that a partition amounts to a transfer of property for the purposes of section 53 of the act. in waman v. ganpat 37 bom. l. b. 925 : a. i. r. 1936 bom. 10 ..... of the term as defined in section 5, t. p. a.ct, 1882, & if fraudulent, falls within section 53 of the act. section 53 of the act as aforesaid deals with fraudulent transfers of property & would not come into operation unless & until there was a transfer of property & the term 'transfer of property' has been defined for the purposes of the sections including section 53 by s. 5 ..... arrived at between the members of a coparcenary under the mitakshara law was treated as a transfer & the allotment of certain properties out of the joint family properties to a particular coparcener was treated by them as a transfer & if the conditions of section 53 were satisfied, a fraudulent transfer in fraud of that particular creditor. our attention was also drawn to the passage from ..... in terms set out hereinabove. unless & until there was a transfer of property within the meaning of that definition contained in section 5, there would be no occasion of considering whether it was a fraudulent transfer of property within the meaning of section 53, t. p. act. the learned judges in this case discussed the question .....Tag this Judgment!