U On Maung vs Maung Shwe Hpaung - 1937 Supreme(Rang) 103

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1937 Supreme(Rang) 103

BAGULEY, MOSELY
U On Maung – Appellant
Versus
Maung Shwe Hpaung – Respondent

JUDGMENT

Baguley and Mosely, JJ - This is an appeal by a receiver in insolvency against an order passed by the Additional District Judge, Thaton, refusing to set aside a transfer made by two insolvents. In the application filed in the original proceedings, no section of the Provincial Insolvency Act is mentioned, but it seems clear that the application was made for the transfer to be voided either under Section 53 or Section 54, whichever the Court might think most applicable. The Additional District Judge found that the respondents had proved that the transfer was honestly made for good consideration, which would of course have been a good reply to an application made under Section 53. The question of whether the transfer could have been voided under Section 54 was not dealt with. In appeal before us it was argued that the transfer should have been voided under Section 54 because, although it was executed on the 11th June 1935 and the application for insolvency was filed on the 18th September 1935, more than three months later, the document was not registered until the 25th September 1935, actually after the filing of the application for insolvency. It was argued that this case is

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