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S. Rangiah Chettiar v. Annasamy Alwar Aiyangar

Madras High Court
Sep 6, 1923
Important Paras
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The petition was presented when the old Insolvency Act 3 of 1907 was in force. Nothing was done except transferring the application to the Official Receiver. After the new Insolvency Act V of 1920 came into force, the adjudication order was passed. It is contended that the provisions of the old Act applied and that all cases filed when Act III of 1907 was in force, should be dealt with, on the footing that that Act continues to be in force. I do not think that contention is sound. No doubt any orders passed under the old Act, or rights obtained thereunder, will be unaffected by the new Act. I can find no authority for holding that in spite of the passing of Act V of 1920, all proceedings on petitions filed under Act III of 1907 should continue to be dealt with, under the provisions of the old Act.

The petition is dismissed.

C.KPetition dismissed.