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Amir Ahmad vs Syed Hasan on 6 February, 1935 cites

Haji Anwar Khan vs Mohammad Khan And Ors. on 7 January, 1929

13. Sections 53 and 54 as laid down by the majority of the Full Bench in the case of Anwar Khan v. Muhammad Khan 113 Ind. Cas. 819 : 51 A. 550; A.I.R. 1929 All 105; (1929) A.L.J. 358(F.B.), do not deal with the jurisdiction of the Insolvency Court but only lay down rules as to the manner in which evidence should be considered in certain cases arising in that Court and in no way control the provisions of Section 4. It, therefore, follows that in order to apply Section 53, the condition precedent is a finding that the transfer was otherwise than one made in good faith and for valuable consideration. That finding of fact can be arrived at only when a dispute as to title arises between two rival claimants. When property has been transferred by the transferee of an insolvent to a third party and the Receiver is aware of the transfer the dispute is really between the Receiver on the one hand and the subsequent transferee on the other and not between the Receiver and the first transferee who has no longer got any interest in the property left. In order to start a proceeding under Section 4, the application should, therefore, be by the Receiver against the person who is now claiming title to the property and an adjudication by the Court on such dispute would be final and would bar a second suit and would be binding on the parties to the proceeding. But if the Receiver chooses to proceed under Section 4, against the first transferee who has no interest left in the property and obtains an order against him either ex parte or after contest, he cannot use that order as a final adjudication of the matter in dispute as against the real claimant of the title.
Allahabad High Court Cites 36 - Cited by 12 - Full Document
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