Satdeo Narain And Ors. vs Union Of India (Uoi) Through Income-Tax ... on 16 March, 1964
The matter has been gone into in a Full Bench decision of this Court reported in Mohammad Alam v. Babulal Marwari, AIR 1936 Pat 18, Reliance has also been, placed by Mr. Dutta for the respondents on the following decisions: Muni Lalkatariar v. Shashi Bhusan Rai, AIR 1921 Pat 315; Ganesh Lal v. Sanehi Ram, AIR 1933 Pat 43; Jagarnath Sahu v. Beni Prasad, AIR 1934 Pat 97; Ram Narain Lal v. Abdul Kalam, AIR 1958 Pat 528 and Haridayal Sah v. Motilal Sarawagi, AIR 1960 Pat 522. In my opinion, in view of the decision of the Full Bench of this Court, it is difficult to accede to the contention of Mr. Prasad that the mere filing of petition would be such an act as to oust the jurisdiction of the Court to enter into the question of bona fides of the application for adjudication as an insolvent filed either by the creditor or the debtor.