There is no right of appeal from a refusal to grant leave where leave is necessary under Section 75(3) of the Provincial Insolvency Act.

Headnote:
Appeal - Refusal to Grant Leave to Appeal - Provincial Insolvency Act - The court held that there is no right of appeal from a refusal to grant leave where leave is necessary under Section 75(3) of the Provincial Insolvency Act.
Fact of the Case:

The appeal is against an order refusing to grant leave to appeal from an order falling within Section 75(3) of the Provincial Insolvency Act.
Finding of the Court:

The court found that the preliminary objection that no appeal lies is well founded based on previous Bench decisions and the principle that there is no right of appeal from a refusal to grant leave where leave is necessary.
Issues: The issue is whether an appeal lies against a refusal to grant leave to appeal under Section 75(3) of the Provincial Insolvency Act.
Ratio Decidendi: The court relied on previous Bench decisions and the principle that the law does not recognize a right of appeal from a refusal to grant leave where leave is necessary.
Final Decision: The appeal was dismissed with costs.

JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. This is an appeal against an order of King, J., refusing to grant leave to appeal from an order which admittedly falls within Section 75(3) of the Provincial Insolvency Act. The preliminary objection has been taken that no appeal lies and it is abundantly clear that this objection is well founded. There are two Bench decisions of this Court which are in point - Madhava Aiyar v. Muthia Chettiar (1916) 5 L.W. 168 and Ramanayya v. Kotayya (1929)57MLJ398 . The first case related to an order which fell within Section 46(3) of the Provincial Insolvency Act, 1907, which corresponds to Section 75(3) of the present Act, and in the second case the Court held that there was no appeal from an order refusing to give leave to appeal under Clause 15 of the Letters Patent. There is no difference in principle, here. The law does not recognise a right of appeal from a refusal to grant leave where leave is necessary and therefore this appeal does not lie. The appeal will be dismissed with costs.

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1939 Supreme(Mad) 115

IN THE HIGH COURT OF MADRASAlfred Henry Lionel Leach, C.J.Andra VenkatayyaVersusThe Official Receiver and Anr.Decided On : 09.03.1939

There is no right of appeal from a refusal to grant leave where leave is necessary under Section 75(3) of the Provincial Insolvency Act.

IN THE HIGH COURT OF MADRAS
Alfred Henry Lionel Leach, C.J.
Andra Venkatayya
Versus
The Official Receiver and Anr.
Decided On : 09.03.1939