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april 1967

Supreme Court of India · 1967-04-03

HANS RAJ vs RATTAN CHAND, ETC.

Citation / case number
SC 1964/90500
Court
Supreme Court of India
Petitioner
HANS RAJ
Respondent
RATTAN CHAND, ETC.
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that the appellant's application regarding property taken over by the receiver was governed by Section 68 of the Provincial Insolvency Act (Punjab Act 5 of 1920), which imposes a limitation period of 21 days from the date of the act complained of. The Court found that the application was made beyond this period and thus was incompetent. The Court clarified that while Section 4 defines the jurisdiction of courts in insolvency matters, any application regarding the receiver's actions must adhere to the limitations set forth in Section 68.

HANS RAJ vs RATTAN CHAND, ETC. · Niyam