Coherent Identifier About this item: 20.500.12592/9hbbp6

Tagore Law Lectures 1897 Law Relating to Receivers

1927

Premium

Summary

Act VIII of 1865. (2) A receiver can only be properly granted for the purpose of getting in and securing, funds which the Court at the hearing, or in the course of the cause, will have the means of distributing among the persons entitled to those funds. (3) The receiver appointed in a particular suit is nothing more than the hand of the Court, so to speak„ for the purpose of holding the property. of [...] The position of a receiver is analogous to that of a curator appointed under Act XIX of 1841 who is a person claiming to be entitled to the 'effects of the deceased person whose estate he is appointed to manage. (4) The possession of the receiver is simply the possession of the Court. [...] It is the possession of the Court and he is totally devoid of any interest in the property. (3) He is in the position of a stake-holder who has custody of the property for the benefit of the true owner. (4) The general objects sought by the appointment of a receiver may be described to be to provide for the safety of property pending(5) a litigation and until the hearing of the cause or dur- ing the [...] The effect of such possession by the receiver is to destroy the adverse possession, if any, of either of the parties. (6) The rereiver is ordinarily not the representative or agent of either party to a suit in the administration of the trust but the appointment is for the benefit of all parties and (1) Kerr, 307 ; as to the position and lien of consignees, see Moran v. Mittu, 2 C. 58 ; Eastern Mor [...] (1) The land, the subject of the deed, was situated out of Calcutta, but all the parties to the suit resided within the local limits of the High Court's jurisdiction ; (2) it was held that, as the parties have no personal beneficial interest in the settled. property, the suit was not one for land" within the terms of the Charter, and that the Court had accordingly jurisdiction to entertain it, and

Tags

law

Pages
351
SARF Document ID
sarf.100014

Topics