Judgement

Law. Rep. 70 Ind. App. 93 ( 1942- 1943) Mahomed Siddique Yousuf V. Official Assignee of C alcutta

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Consolidated Appeals (No. 54 of 1942), by special leave, from a judgment and two orders of the High Court in its appellate insolvency jurisdiction (December 17, 1940), which had dismissed an appeal from the Judge in Insolvency (July 25, 1940).

The following facts are taken substantially from the judgment of the Judicial Committee In 1938 one Ali Mohamed Hashim (hereafter called "the insolvent") had a claim for damages against a firm with whom he had dealings in shares, and by a written agreement of March 30, 1938, between the appellant and the insolvent the former agreed to advance money for the costs of the contemplated suit and to assist in the conduct of it, for which services he was to receive half the money recovered after deducting the advances. On April i, 1938, the suit was instituted, and on January 19, 1939, was decreed for Rs.6750 and interest. On January 20, 1939, by indenture of assignment, the insolvent assigned to the appellant the said decree in consideration (inter alia) of his discharge of all liabilities under the agreement of March 30, 1938, and Rs.iooo