order and held that the transfers to the appellants amounted to fraudulent preferences. Against this order, the appellants, in whose favour the transfer ... transfer in this case has been held to be a fraudulent preference, there is no doubt that the rights of the transferee are affected. Bose
commencement of the winding up proceedings, be deemed to be a fraudulent preference of its creditors and is invalid. Further, under Section ... executed in favour of the applicant Firm cannot be treated as fraudulent preference of the creditors. The learned Counsel also contended that possession
friends either nominally without consideration or with a view to fraudulently prefer the alienees who were their relations and friends and that therefore ... transfer, be deemed fraudulent and void (that is, that such a transfer would be a fraudulent preference and an act of insolvency, reading Section
Burden of proof regarding voluntary transfers . I7
20, 21 Fraudulent preference . . . . . . I8
22 " Void " and " voidable " . . . . . 20
23 Period of limitation ... case of fraudulent preferences. 21
24 Bond fide transactions . . . . . . 21
25 Special protection to bankers . . . . 21
26 Transferees from donees . . . . . 22
27 Copyright
adjudged insolvent, would be
deemed in his insolvency a fraudulent preference, shall
in the event of the company being wound up, be deemed
a fraudulent ... that
while Section 328 of the Act of 2013 deals with
fraudulent preference and Section 329 thereof deals
with transfers not in good faith
against the appellant to declare his mortgage invalid as a fraudulent preference. The mortgage was executed on 13th March, 1924 and the insolvency petition ... under the statute of Elizabeth, or generally as fraudulent--including in the term a fraudulent preference--but solely and only as being
second defence is that in any case this amounted to fraudulent preference in favour of some of the debtors and so was invalid under Section ... Court below.
5.. As regards the contention that there was fraudulent preference by the Bank, reliance was placed by the learned Advocate for the appellant
have given a concurrent finding that the aforesaid mortgage was a fraudulent preference in favour of one of the creditors within the meaning of Section ... transfer of property under Section 54 of the Act as a fraudulent preference, it must be shown that the dominant or sub-stantial motive
they were in insolvent circumstances and that the same was a fraudulent preference and asking for consequent reliefs.
2. Mr. Justice Beasley by whom ... constitute any payment by the insolvents by way of undue or fraudulent preference. The learned Judge also incidentally refused the application of the Official Assignee
order of adjudication is founded is a transfer amounting to a fraudulent preference, the transferee cannot, so long as the order of adjudication stands, question ... that finding, namely, that the transfer was a fraudulent preference and that, therefore, in an application by the Official assignee to have that transfer annulled
