Presidency Town Insolvency Act, 1909

 

Presidency
Town Insolvency Act

(III OF
1909)

 

S. 11–By virtue of
Article 5 of the High Court (Bengal) Order, 1947 in regard to the territories
now known as East Pakistan, the High Court of Dacca is vested with the same
jurisdiction, original and appellate, which was before the partition
exercisable by the High Court at Calcutta.

At the time of partition, there was in the
Calcutta High Court, no insolvency jurisdiction, of an original character, in
respect of any area now f. – within the Province of East Pakistan. Consequently
by the effect of the High Courts (Bengal) Order, 1947, no original insolvency
jurisdiction under the Act of 1909 became vested in the High Court of East
Pakistan at Dacca.

But whereas provision has been made with
regard to the Capital of Federation by specifying the limits of its ordinary
original civil jurisdiction the High Court of East Pakistan at Dacca does not
possess any ordinary original civil jurisdiction for the simple reason that no
limits within which such jurisdiction may be exercised have ever been
prescribed by competent legislative authority in respect of that High Court.

 

That being the case where an application is
made by creditors for the declaration as insolvent of a person resident in the
town of Dacca, the consequences are that by virtue of the amendment made in the
Provincial Insolvency Act, die District Judge of Dacca has no jurisdiction in
the case, and equally by virtue of the fact that no limits have been fixed for
the ordinary original civil jurisdiction of the High Court of East Pakistan,
that High Court also has no original jurisdiction to deal with the application.

Abdus Sattar
Vs. Arang Limited (1965) 17 DLR (SC) 147.

 

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