AI Overview...
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Receiver Appointment - Courts generally appoint receivers when a partnership is dissolved or in disputes over property possession, often as a matter of course in partnership dissolution cases. Courts require a prima facie case of title and consider whether the appointment is necessary to protect property or assets. Kuttappan VS Sarojini Bhaskaran - Kerala, L. Rmk. L. Kannan @ Ramakrishnan VS L. Rmk. Narayanan - Madras, Padmanand Singh Bahadur VS Chandidat Jha - Calcutta
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Legal Authority and Procedure - The appointment of a receiver is governed by the Civil Procedure Code (CPC), particularly Order 40, Rule 2, which discusses remuneration and conditions for appointment. The receiver acts as an officer of the court, and their possession is regarded as court possession, not individual. Court procedures include taking accounts from the receiver's legal representatives if the receiver dies during proceedings. Kuttappan VS Sarojini Bhaskaran - Kerala, L. Rmk. L. Kannan @ Ramakrishnan VS L. Rmk. Narayanan - Madras, BARI BAHOO W/O S S RAJARAM VS SHARDAPRASAD - Nagpur, HORACE WILLIAM DAVIS VS INTERNATIONAL INVESTMENTS AND FINANCE CORPN - Karnataka, KISHORCHAND VS KARNATAKA BANK LTD. - Karnataka
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Disputes over Title and Possession - When there is a dispute regarding property title, courts often appoint a receiver if there's no irreparable injury, emphasizing the need for a stronger prima facie case than for injunctions. In such cases, the receiver helps preserve property pending final adjudication. Saradha VS Swarnambiga Finance Corporation - Madras, KRISHNAN VS SANKARAN NAMBOODIRI - Kerala, Padmanand Singh Bahadur VS Chandidat Jha - Calcutta
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Remuneration and Discharge - Receivers are usually entitled to remuneration unless they undertake their duties without compensation. Their discharge depends on the completion of their functions, and courts have jurisdiction to discharge or replace receivers if necessary. L. Rmk. L. Kannan @ Ramakrishnan VS L. Rmk. Narayanan - Madras, KISHORCHAND VS KARNATAKA BANK LTD. - Karnataka
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Legal Proceedings Against Receivers - Actions against receivers or property in their possession require court permission, reaffirming their status as officers of the court. Proceedings for ejectment or recovery must respect the receiver's authority. HORACE WILLIAM DAVIS VS INTERNATIONAL INVESTMENTS AND FINANCE CORPN - Karnataka, J. C. Macgregor Receiver High Court and Receiver to the Estate of Raj Chander Das VS Huri Dass Kundu - Calcutta
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English and Indian Judicial Principles - The principles from English courts, as cited in Kerr on Receivers, influence Indian jurisprudence, emphasizing that the appointment of receivers is a protective measure requiring substantial evidence of need and proper title. Kuttappan VS Sarojini Bhaskaran - Kerala, Padmanand Singh Bahadur VS Chandidat Jha - Calcutta
Analysis and Conclusion
Kerr on Receivers provides comprehensive guidance on the legal framework, conditions, and procedural aspects of appointing receivers in Indian law. Courts generally favor appointing receivers to safeguard property during disputes, especially in partnership dissolutions or when title is contested, provided there is a prima facie case. The receiver acts under court authority, with remuneration and discharge governed by specific rules. Proper procedures must be followed, including court approval for legal actions against the receiver. Overall, the appointment is a protective judicial measure grounded in principles from both Indian and English law, ensuring the preservation of property rights until final adjudication.
Search Results for "Kerr on Receivers"
1998 0 Supreme(Ker) 234 • India - Kerala
S.SANKARASUBBAN
XL R.1 of the Code of Civil Procedure - Mulla, C.P.C. 15th edition - Kerr on Receivers 16th edition - Woodruff's Law of Receivers ... Receiver Appointment - Partnership Dissolution - O. ... The plaintiff then filed a petition for the appointment of a receiver, which was initially dismissed by the trial court. ... If the partnership is already dissolved, the court usually appoints a receiver, almost as a matter of course", Kerr on Receivers 16th editi....
1959 0 Supreme(Cal) 257 • India - Calcutta
P.N.MUKHERJEE, NIYOGI
ADVERSE POSSESSION - INTERRUPTION - APPOINTMENT OF RECEIVER - EFFECT ON ADVERSE POSSESSION OF PARTY TO SUIT - LIMITATION ACT, ... Whether the defendants' adverse possession, if any, was interrupted by the appointment of a Receiver in a partition suit involving ... The court also held that the defendants' adverse possession, if any, was interrupted by the appointment of a Receiver in a partition ... In that case, Mookerjee, J. delivering the judgment of the Court, observed as follows:"as pointed in Kerr on Recei....
1990 0 Supreme(Mad) 905 • India - Madras
SRINIVASAN
Code of Civil Procedure, 1908-Order 40, Rule 2-Grant of remuneration to party receiver.. ... In Kerr on Receivers, 13th Edition, the following passages are found at pages 104 and 253 respectively: ... A party to the action will not usually be appointed receiver unless he undertakes to act without salary, though in partnership cases salary is sometimes allowed. ... I have no hesitation to agree with the Court below that the receivers are entitled to remuneration in this case. They never offered to be app....
1954 0 Supreme(Nagpur) 27 • India - Nagpur
SINHA, HIDAYATULLAH
, contemplates the continued existence of the receiver and does not apply to a deceased receiver. ... The receiver had died during the pendency of the proceedings. ... for taking accounts from the legal representatives of the receiver and for the amount in their hands. ... The view of the English' Courts is that once the receiver is dead no application lies but a suit must be filed. In Kerr on Receivers (1952) page 313 it is stated that a suit alone lies. This is base....
1988 0 Supreme(Ker) 58 • India - Kerala
THOMAS
Receiver - Possession of Property - Kerala Land Reforms Act - KERR - Joseph Abraham v. ... The trial court appointed a receiver for the suit properties as it found it difficult to decide upon the possession of either of ... The court held that the receiver must restore possession of the property to the defendants as the title of the plaintiff was not ... Learned counsel referred me to a passage from "KERR" on RECEIVERS (at page 130 of the I5tb edition) where it is stated thus: "The cou....
1990 0 Supreme(Mad) 940 • India - Madras
MISHRA
Whether a receiver should be appointed when there is a dispute as to title to the property? 2. ... Final Decision: The court dismissed the appeal and upheld the order of the lower court appointing a receiver. ... APPOINTMENT - CONDITIONS - DISPUTE AS TO TITLE - PROPERTY IN MEDIO - NO IRREPARABLE INJURY TO APPELLANTS - ORDER OF APPOINTMENT OF RECEIVER ... In the said judgment, after making a consideration of the principles under which a Receiver is appointed and referring to "Kerr on Receiver....
1986 0 Supreme(Kar) 152 • India - Karnataka
M.N.VENKATACHALIAH, S.R.RAJASEKHARA MURTHY
for legal proceedings against the receiver or the property in his hands. ... Receiver - Legal Proceedings - Indian Contract Act, 1872, Partnership Act, 1932 - Section 25 of the Partnership Act, 1932, Section ... 43 of the Indian Contract Act, 1872 - The judgment discusses the appointment of a receiver and the requirement of leave of the court ... The receiver being the officer of the court, his possession is exclusively the possession of the court, the property in his hands being regarded as in the custody of the Court. ....
1891 0 Supreme(Cal) 18 • India - Calcutta
PRINSEP, BANERJEE
the Receiver, and not by the party against whom the Receiver was proceeding, as in the present case. ... Receiver - Ejectment - Sections 4, 5, 6 of the Code of Civil Procedure - The court held that the Receiver appointed by the court ... Finding of the Court: The court held that the Receiver appointed by the court had the authority to bring a suit for ... We have also been referred to a long series of cases decided in the Courts in England, quoted in Kerr on Receivers#HL_EN....
1895 0 Supreme(Cal) 2 • India - Calcutta
RAMPINI, GHOSE
Receiver - Property - CPC Section 503 - The court held that a receiver should only be appointed when a good prima facie title ... The court distinguished between the appointment of a receiver and an injunction, emphasizing that a receiver requires a stronger ... Ratio Decidendi: The court held that the appointment of a receiver requires a stronger showing of title than an injunction ... on Receivers, pp. 3-4; Kerr on Injunctions, pp. 10-11). ... * Power of Court to ....
1985 0 Supreme(Kar) 428 • India - Karnataka
CHANDRAKANTARAJ URS
, and the application of the law in appointing and discharging receivers. ... C. - Possession of Properties - Receiver's Discharge - Jurisdiction of Executing Court Fact of the Case: The receiver ... A compromise was reached, appointing the objector as the receiver with management powers. ... C. that power of appointment of receivers to the Court is specifically given. But whatever is done by the receiver on his appointment as receiver under Order 40 of the C. P. C. ....
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