9911796707
TMI Blog1956 (1) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... udge of Vijayawada adjudicated him as an insolvent; but on appeal the District Judge of Krishna at Masulipatnam reversed the judgment and dismissed the petitioner's application. The Civil Revision Petition is consequently filed against the order of the District Judge. 2. The questions that arise for consideration in the Civil Petition are: (i) Whether the petitioner is a creditor entitled to file the application for adjudicating the 2nd respondent as an insolvent? (ii) Whether the act of insolvency occurred within three months before the presentation of the petition? (iii) Whether the 2nd respondent has committed an act of insolvency? 3. On the first question, both the Courts held that the petitioner was entitled to file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Section 47 of the Registration Act enacts that once a, document is registered, the effect begins to commence from the date of execution. On the strength of Section 47 of the Registration Act it was contended in Venkatadri Somappa v. Official Receiver of Bellary, 1938-2 Mad LJ 362: (AIR 1938 Mad 801) (A), that the date of transfer challenged under Section 54 of the Provincial Insolvency Act, was the date of its execution and not the date of registration of the document. It was held that as the transfer was not effective till the document was registered, the date of registration should be regarded as the date of transfer. The conclusion arrived at by the Division Bench is at page 367 (of Mad LJ): (at p. 803 of AIR) and is in the following t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no application to this case. It is unnecessary for me to consider whether that decision is rightly decided or whether the view taken by Mack, J., in Vcoraraghavamma v. Padma Raju, 1953-2 Mad LJ 308: (AIR 1954 Mad 93) (C) dissenting from that decision is correct. 6. Though the document was presented for registration on 28th December, 1949, the registration cannot be regarded as complete until the procedure laid down in Sections 60 and 61 of the Registration Act is complied with, section 60, Subsection (1) enacts that after such of the provisions of Sections 34, 35, 55 and 59 as applied to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or consent of the creditors and that the 1st respondent herein was closely related to the 2nd respondent herein. Unfortunately no evidence was let in on behalf of the respondents. The Subordinate Judge accepted the evidence, of the petitioner's witnesses and adjudged the 2nd respondent as an insolvent. On appeal the District Judge held that the transfer of all the properties of the debtor could not be regarded as being, for the benefit of the creditors generally. As the parties have not placed the entire evidence, bearing on this point viz., as to whether the alienation amounts to an act of insolvency under Sections 6 (a) and/or 6 (d) of the Act, I think if is just and necessary to remand this petition to the Subordinate Judge, Vijayawa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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