AI Overview...
Section 410 Receivership
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Receivership Orders and Court Powers
Courts can pass various orders in receivership cases, including setting aside ex parte decrees and managing estate affairs. The receiver, often a public officer, manages the estate impartially under provisions like Section 151 and Order 40 of the Civil Procedure Code (CPC). The nature of orders courts can pass includes temporary injunctions and receivership to prevent property wastage or damage during litigation. Mohd. Ghulam Ghouse Khan VS Anantha Rao Deshmukh - Andhra Pradesh -
Purpose and Nature of Receivership
Receivership is primarily aimed at safeguarding property during ongoing civil litigation, ensuring it is not wasted, damaged, or alienated. The Supreme Court emphasizes that receivership during litigation serves to prevent threatened damage and maintain status quo until the final decision. Ramsharan Gupta S/o Suraj Narain Khandelwal (Gupta) VS Krishan Kumar Agarwal @ Kishan Kumar Agarwal S/o Gopal Lal Agarwal - Rajasthan -
Legal Framework and Court Jurisdiction
The appointment and discharge of receivers are governed by civil procedural laws, notably CPC Sections 151 and 40, and specific statutes like the Transfer of Property Act (Section 69) concerning sale powers. Courts have discretion to discharge receivers without requiring detailed accounts if agreed upon by parties, and receivers are generally not endowed with inherent powers of sale unless explicitly directed by the court. Ghulam Asadullah Khan VS Mohamed Ali Khan - Madras, Industrial Credit And Investment Corporation Of India LTD. VS Karnataka Ball Bearings Corporation LTD. - Supreme Court -
Receivership and Sale of Property
A receiver does not automatically possess the power to sell property; such authority is granted by court orders. Sale by receivers is subject to specific provisions like Section 66 of the CPC, which generally does not apply to sales by receivers unless explicitly provided. The court’s role is crucial in directing sale and ensuring proper distribution of estate assets. Industrial Credit And Investment Corporation Of India LTD. VS Karnataka Ball Bearings Corporation LTD. - Supreme Court -
Discharge of Receivers and Implications
Receivers can be discharged once their purpose is fulfilled, often upon agreement of parties or court orders. Discharge may involve passing accounts and settling liabilities, with the receiver’s role concluding without further obligations if parties consent. This process ensures the estate is properly managed and returned to the rightful owners or distributed according to law. Bipin Behari Bose VS Mr. K. S. Bonnerjee and Late Kumudini Dasi - Calcutta, Ghulam Asadullah Khan VS Mohamed Ali Khan - Madras -
Receivership in Context of Other Laws
Receivership intersects with laws like the Insolvency and Bankruptcy Code (Section 14), which provides moratoriums on assets, and various statutes governing property, taxation, and contracts. Courts interpret these provisions to regulate receivership procedures, especially in insolvency or property disputes. Accipiter Investments Aircraft 2 Limited VS Union of India - Delhi, EAST U. P. SUGAR MILLS ASSOCIATION LKO. VS STATE OF U. P. - Allahabad
Analysis and Conclusion
Section 410 of the receivership framework involves court-ordered management of property during civil or insolvency proceedings, primarily to prevent damage, alienation, or wastage. Courts exercise their powers under CPC and specific statutes to appoint, manage, and discharge receivers, ensuring estate protection and proper legal process. The receiver acts impartially, with sale powers granted explicitly by court orders, and their discharge signifies the conclusion of their role. Overall, receivership serves as a vital legal mechanism to preserve assets pending final adjudication or resolution.
Search Results for "Section 410 Receivership"
1983 0 Supreme(AP) 410 • India - Andhra Pradesh
K.JAYACHANDRA REDDY, P.KODANDA RAMAYYA
The receiver filed an application to set aside the ex parte decree and also filed an application under Section 151 and Order 40, ... This takes us to the third part of this question viz. , the nature of the order that the receivership Court can pass in such circumstances. ... No. 14/58 on the file of this Court on 7-7-1983 under Section 151 and Order 40, Rule 1, C. P. ... He is a public officer within the meaning of Section 2 (17) (d), C. P. C. As Kerr puts it, the receiver in an action to manage the estate is an imparti....
2022 0 Supreme(Raj) 392 • India - Rajasthan
Code of Civil Procedure, 1908 - Order 39 Rules 1, 2 and 4 – Criminal Procedure Code, 1973 - Section 340 ... Indra and Others, wherein Hon’ble Supreme Court observed that very essence of concept of temporary injunction and receivership during ... Indra and Others, (2018) 14 SCC 292 wherein the Hon’ble Supreme Court observed that the very essence of the concept of temporary injunction and receivership during the pendency of a civil litigation involving any property is to prevent its threatened wastage, damage and alienation ... It was also ....
1951 0 Supreme(P&H) 177 • India - Punjab and Haryana
HARNAM SINGH, WESTON
Whether Section 69 of the Indian Partnership Act barred the present suit? 6. ... Section 14 of the Indian Partnership Act provides that, subject to contract between the partners, the property of the firm includes ... In this connection, section 4 of the Indian Partnership Act may be seen. ... Jayantilal Chhaganlal, AIR 1939 Bom 410 may be seen. ... On the other hand Section 2(3), English Partnership Act, 1890, does provide for such a presumption. Section 2(3) of the English Act reads: ....
1942 0 Supreme(Mad) 216 • India - Madras
CHANDRASEKHARA.AIYAR
mortgage - distribution of estate - Transfer of Property Act - Section 69, Equity - indemnity - liability - default - surety - ... This mortgage in favour of the Society contained a power of sale under Section 69 of the Transfer of Property Act. Subsequently all the heirs entered into an agreement about the distribution of the estate and the discharge of their liabilities. ... The first defendant will be discharged from his receivership without any obligation to file or pass accounts. ... 10. By consent the restraint on alienation will co....
1921 0 Supreme(Cal) 63 • India - Calcutta
JOHN WOODROFFE, B. B. GHOSE
Receiver - Rent-Decree - 1919 Act Section List - Not available - The court discussed the Receiver's discharge, the validity of ... Then on the same date the following two orders were passed: "After the disposal of the above application, the defendant's Pleader stated that he was going to make an application stating that the plaintiff was discharged from the Receivership in which capacity he sued. ... On the question of alleged damages for such alleged fraud it is to be observed, having regard to the provisions of Section 153(a) of the Ben....
1999 7 Supreme 594 • India - Supreme Court
G.B.PATTANAIK, UMESH C.BANERJEE
In the view we have taken that Section 66 is not applicable to sales by Receiver it is not necessary to go into the question whether a sale by the Receiver under the Rules of the Calcutta High Court would come within the purview of Section 66. ... At this juncture reference may be made to a passage from Kerr on Receivers and Administrators’ (7th Edn.) as below :- ... “A receiver acquires no power of sale by virtue of his appointment, but in most cases the court has power to direct a sale of the property over which the receivership ... The....
1924 0 Supreme(Cal) 701 • India - Calcutta
N. R. CHATTERJEA, MUKERJEE, CHOTZNER
Taxation - Non-Resident - Business Connection - Act VII of 1918, Section 33(1) - Act XI of 1922, Section 42(1) - The court held ... The court interpreted the provisions of Section 33(1) of Act VII of 1918 and Section 42(1) of Act XI of 1922 as extending the territorial ... Ratio Decidendi: The court interpreted the provisions of Section 33(1) of Act VII of 1918 and Section 42(1) of Act XI of 1922 ... The English Finance Act (No. 2) of 1915, Section 31 (2) uses the wo....
2023 0 Supreme(Del) 4913 • India - Delhi
TARA VITASTA GANJU
(Paras 11.1, 12-19) ... ... (B) Insolvency and Bankruptcy Code, 2016 - Section 14 - Moratorium - The Court held ... A proceeding is commenced or a petition is filed, in either case, without the consent or application of Lessee, seeking (1) relief in respect of Lessee or of substantially all of its property or assets under any applicable bankruptcy, insolvency, liquidation, administration, receivership ... Under sub-section (4) of Section 14 of IBC, an order for moratorium has effect from the date of such order till th....
2012 0 Supreme(All) 431 • India - Allahabad
S.C.CHAURASIA, DEVI PRASAD SINGH
[Paras 50 and 198] ... (B) Essential Commodities Act, 1955—Section 3( ... Amendment of Section 3 of Act 10 of 1955. ... Accordingly, while construing Section 16 of 1953 Act, it should not be considered in piecemeal, but right from aims and objects to Section by Section and word by word should be taken into account. ... The said Explanation II, however, remained effective till the 30th September, 2009 only as the said sub-section (3C) of section 3, was substituted by a....
2019 8 Supreme 1 • India - Supreme Court
RANJAN GOGOI, S. A. BOBDE, D. Y. CHANDRACHUD, ASHOK BHUSHAN, S. ABDUL NAZEER
(Paras 376, 377 and 378) (X) Limitation Act, 1963 – Section a href=act:395~S. ... (Paras 200 to 205) (N) Criminal Procedure Code, 1973 – Section 145 – Invocation of – Provisions of Section 145 can be invoked only when there is danger of breach of peace – Jurisdiction of ... However, as a matter of fact on 18 December 1961 when the suit was instituted only the inner courtyard had been attached in pursuance of the orders passed under Section 145. The outer courtyard was placed under receivership only in 1....
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