OFFICIAL RECEIVER, KANPUR AND ANOTHER vs ABDUL SHAKUR AND OTHERS

The Supreme Court held that the High Court exceeded its jurisdiction under Section 75(1) of the Provincial Insolvency Act (5 of 1920) by setting aside the District Court's findings, which were factual in nature. The Court clarified that Section 118 of the Negotiable Instruments Act (26 of 1881) does not create a statutory presumption of consideration in insolvency proceedings, and the Official Receiver is not bound to admit debts merely based on such presumption. Consequently, the appeal was allowed, reinstating the District Court's decision.