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august 1977

Supreme Court of India · 1977-08-01

JOHRILAL SONI vs SMT. BHANWARI BAI

Citation / case number
SC 1976/60805
Court
Supreme Court of India
Petitioner
JOHRILAL SONI
Respondent
SMT. BHANWARI BAI
Author
SYED MURTAZA FAZALALI
Bench
SYED MURTAZA FAZALALI

Judgment text excerpt

The Supreme Court held that Section 4 of the Provincial Insolvency Act, 1920 empowers the Insolvency Court to decide all questions of title, irrespective of the two-year limitation imposed by Section 53 for voidable transfers. The Court clarified that Section 53 pertains only to voidable transfers and does not limit the court's authority to examine void transfers, which are nullities and do not pass any title. The appeal was allowed, overturning the High Court's decision that restricted the Insolvency Court's jurisdiction regarding transfers made beyond two years prior to insolvency proceedings.

JOHRILAL SONI vs SMT. BHANWARI BAI · Niyam