W.W.PHILLIPS, M.NAIR, RAMESAM
In Re: Kencherla Krishna Rao – Appellant
Versus
Unknown – Respondent
William Watkins Phillips, Officiating C.J.
1. This petition comes before us on a reference by Kumara-swami Sastri, J, and we are asked to determine two questions of law relating to insolvency (I) whether Section 7, Presidency Towns Insolvency Act, confers jurisdiction on the High Court in garnishee proceedings where the garnishee lives outside its jurisdiction; and (2) whether Clause 18, Letters Patent, is governed by Clause 12 of the same. Both these questions were decided by a Beach of this Court in Official Assignee of Madras v. Vadavalli Ammal 36 Ind. Cas. 534 : 40 M. 810 : 20 M.L.T. 311 : 4 L.W. 425 and it was there bald that Section 7 does give jurisdiction to the High Court to adjudicate on claims relating to immoveable property situated outside the limits of its ordinary original civil jurisdiction. The learned Judges also held that Clause 12, Letters Patent, does not control the provisions of Clause 18 so as to limit the insolvency jurisdiction of the Court. The reference does not in terms question the correctness of the decision in Official Assignee of Madras v. Vadavalli Ammal 36 Ind. Cas. 534 : 40 M. 810 : 20 M.L.T. 311 : 4 L.W. 425 but the learned Judge refers t
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