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january 1968

Supreme Court of India · 1968-01-31

FIRM MUKAND LAL VEER KUMAR & ANR. vs SRI PURUSHOTTAM SINGH & ORS.

Citation / case number
SC 1965/142
Court
Supreme Court of India
Petitioner
FIRM MUKAND LAL VEER KUMAR & ANR.
Respondent
SRI PURUSHOTTAM SINGH & ORS.
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court held that under Section 9(1)(c) of the Provincial Insolvency Act, the three-month period for acts of insolvency begins from the date of registration of the deed, not execution. The Court affirmed that a firm can be adjudicated insolvent if proper conditions are met, and that acts of insolvency must be proven for each partner unless attributed to an agent. The Court set aside the lower court's order adjudicating the firm insolvent, as the property in question was not partnership property and no collective act of insolvency was established.

FIRM MUKAND LAL VEER KUMAR & ANR. vs SRI PURUSHOTTAM SINGH & ORS. · Niyam