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individual, be deemed in his insolvency to be a fraudulent preference;
(g) any other matter for which in the opinion
Central Government Act
time being in force, be void as a fraudulent preference if he were adjudged an insolvent;
(d) if, with intent
Central Government Act
decree-Adjudication as
insolvent on ground of assignment being fraudulent
preference-Whether upon adjudication decree vests in
official Receiver-Orderannulling ... insolvent on the ground that the
assignment was a fraudulent preference. Thereafter M made a
second application for execution which
Supreme Court of India
Mehta and Sons, was void as a
fraudulent preference under Section 56 of the Presidency Towns
Insolvency ... being bona fide transactions and
further as constituting a fraudulent preference of that firm in that
the proceeds were largely
Madras High Court
Section 531 of Companies Act
and as it is " fraudulent preference". Whether it is in fact a
fraudulent preference ... Companies Act may be
reproduced at this stage.
"531. Fraudulent preference.-(1) Any transfer of property, movable
or immovable, delivery
Delhi High Court
impugned transfer was not challenged in terms as a
fraudulent preference, but was challenged on the ground of the same ... summarised as under :
(a) The impugned transaction amounted to "fraudulent preference" of
one creditor in preference to other creditors within
Bombay High Court
Courts was that his mortgage is invalid as a fraudulent preference.
2. The first Court accepted this. But the learned ... antedated,
cannot be attacked on the ground of fraudulent preference as it was
executed more than 3 months before
Madras High Court
Gujarat High Court
Bank Of Maharashtra vs Official Liquidator, Navjivan ... on 2 December, 1998 Equivalent
Gujarat High Court
books of the
bank were made by way of fraudulent preferences in favour of some of
the creditors ... evidence of payments,
declared such payments to be fraudulent preferences, and ordered each
of the creditors preferred
Kerala High Court
either
nominally without consideration or with a view to fraudulently prefer
the alienees who were their relations and friends ... transfer which would be void as a fraudulent preference if he
were adjudged an insolvent (clause c). Section
Madras High Court
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