Supreme Court · 1969 INSC 40 · Decided 13 February 1969

Malini Ayyapa Naicker (Now Dead) Through L.R. ETC. ETC. v. Seth Manghraj Udhavdas Firm BY Managing Partner Chathurbhuj Chhabildas (Dead) Thereafter BY L.RS. & ORS.

Court
Supreme Court of India
Citation
1969 INSC 40 · [1969] 3 S.C.R. 698
Case number
CIVIL APPEAL No. 845/1963
Decided
13 February 1969
Bench
S.M. SIKRI, R.S. BACHAWAT, K.S. HEGDE (3-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
CPC Section 100(1)(a), 100

Headnote

· ·Provincial Insolvency Act, 1920, •· 7S(l), first proviso-Power of High Couri to sr4isfy itself that an appeal wa.r decided by tht Distrkt CollTt "'according to iaw"-Scope of. Tho petitioning creditor in an insolvency proceeding mortgages, one for Rs. 15,000/. in favour of the appellant in C.A. 84S and another for Rs: 10,000/. in favour the appellant in C.A. 846. The mortgages weno date(! November 4, 1950 and were registered on November 6, 1950. Tho InsOlvency Court held that the mortgages were not supported by

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